Wednesday, November 22, 2017

Symposia on Macklem's "The Sovereignty of Human Rights"

The Jerusalem Review of Legal Studies (Vol. 15, 2017) and the University of Toronto Law Journal (Vol. 67, no. 4, Fall 2017) have each just published a symposium on Patrick Macklem's The Sovereignty of Human Rights (Oxford Univ. Press 2015). The JRLS contents are here and the UTLJ contents are here.

Tuesday, November 21, 2017

Sekalala: Soft Law and Global Health Problems

Sharifah Sekalala (Univ. of Warwick - Law) has published Soft Law and Global Health Problems: Lessons from Responses to HIV/AIDS, Malaria and Tuberculosis (Cambridge Univ. Press 2017). Here's the abstract:
Various legal approaches have been taken internationally to improve global access to essential medicines for people in developing countries. This book focuses on the millions of people suffering from AIDS, tuberculosis and malaria. Beginning with the AIDS campaign for antiretroviral (ARV) drugs, Sharifah Sekalala argues that a soft law approach is more effective than hard law by critiquing the current TRIPS flexibilities within the World Trade Organization. She then considers how soft law has also been instrumental in the fight against malaria and tuberculosis. Using these compelling case studies, this book explores lawmaking on global health and analyses the viability of current global health financing trends within new and traditional organisations such as the United Nations, the World Health Organization, UNAIDS, UNITAID and The Global Fund. This book is essential reading for legal, development, policy and health scholars, activists and policymakers working across political economy, policy studies and global health studies.

de Wet: Complicity in the Violations of Human Rights and Humanitarian Law by Incumbent Governments Through Direct Military Assistance on Request

Erika de Wet (Univ. of Pretoria - Law) has posted Complicity in the Violations of Human Rights and Humanitarian Law by Incumbent Governments Through Direct Military Assistance on Request (International and Comparative Law Quarterly, forthcoming). Here's the abstract:
The article examines whether general international law supports the claim that direct military assistance by one State to another State upon the latter’s request is prohibited where the inviting State is implicated in (gross) violations of international humanitarian and/or human rights law. It approaches the question from the perspective of State responsibility, analyzing the threshold requirements of article 16 of the Articles on State Responsibility (ASR), which represents the customary international law standard for responsibility for aiding or assisting wrongful conduct by another State. In so doing, the article illuminates how factual uncertainties complicate the triggering of the responsibility of the intervening (assisting) State for any violations of international humanitarian and/or human rights law by the territorial (recipient) State. Thereafter, the article questions whether, in the event that the responsibility of the intervening State is triggered, it would in consequence have to withdraw its troops and/or military air power from the territorial State.

Perrone: UNCTAD's World Investment Reports 1991-2015: 25 Years of Narratives Justifying and Balancing Foreign Investor Rights

Nicolás M. Perrone (Durham Univ. - Law) has posted UNCTAD's World Investment Reports 1991-2015: 25 Years of Narratives Justifying and Balancing Foreign Investor Rights (Journal of World Investment & Trade, forthcoming). Here's the abstract:
This article examines an influential narrative of foreign investor rights and the international investment regime. It draws on twenty five of the World Investment Reports (WIRs) issued by the United Nations Conference on Trade and Development (1991-2015). It argues that the justifications provided by these reports have contributed to shaping a global commodity conception of property. These WIRs describe foreign investor rights following a narrative of wealth maximisation by transnational corporations (TNCs), and focus on a TNC-assisted restructuring of host states and local communities. Since the mid-2000s, these reports have balanced this narrative because of the increasing consensus that international investment treaties unduly constrain regulatory space. Ultimately, however, this article shows that the recent WIRs promote an approach to public regulation that is not inconsistent with a global commodity conception of property.

Russell: The Use of Force and Article 2 of the ECHR in Light of European Conflicts

Hannah Russell (Northern Ireland Human Rights Commission) has published The Use of Force and Article 2 of the ECHR in Light of European Conflicts (Hart Publishing 2017). Here's the abstract:
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.

Sivakumaran: Techniques in International Law-Making: Extrapolation, Analogy, Form and the Emergence of an International Law of Disaster Relief

Sandesh Sivakumaran (Univ. of Nottingham - Law) has posted Techniques in International Law-Making: Extrapolation, Analogy, Form and the Emergence of an International Law of Disaster Relief (European Journal of International Law, forthcoming). Here's the abstract:
This article traces the emergence of an international law of disaster relief from a patchwork of norms through to a holistic body of international law. It argues that, for many years, the international law of disaster relief existed in piecemeal fashion. Since there is no overarching treaty on the subject at the global level, a hodgepodge of instruments have been concluded, namely subject-specific and disaster-specific treaties at the global level, regional and sub-regional agreements, bilateral agreements as well as soft law. However, through the work of the International Law Commission and the International Federation of the Red Cross and Red Crescent, a holistic body of international law relating to disaster relief is in the process of emerging. This article argues that this holistic body is in the process of emerging primarily as a result of three techniques that, while unconventional, are used relatively frequently in the making of international law. The three techniques are: (i) extrapolation from a series of piecemeal instruments to form a generalized standard; (ii) the use of analogy and (iii) the conclusion of instruments that are soft in form but contain a mixture of hard law and soft law. The way in which the techniques have been used to develop a body of international law relating to disaster relief is analysed, their use in other fields of international law discussed and limitations on their use in the disaster law context identified.

Monday, November 20, 2017

Leiter: The Silent Impact of the 1917 Revolutions on International Investment Law

Andrea Leiter (Univ. of Melbourne - Law) has posted an ESIL Reflection on The Silent Impact of the 1917 Revolutions on International Investment Law - And What It Tells Us about Reforming the System.

Drumbl: Impunities

Mark A. Drumbl (Washington and Lee Univ. - Law) has posted Impunities. Here's the abstract:

In a classic sense, ‘impunity’ means freedom from punishment for one’s harmful acts. Etymologically, the term springs from impunité in Middle French, which in turn derives from the Latin impune (in[not] + poena [punishment, pain]) originally the ancient Greek poine [penalty]. Poena, the spirit of punishment in Roman mythology, attends to Nemesis, the goddess of retribution.

Impunity is a theme that has suffused literature, fables, and art throughout the ages; and in modern times impunity surfaces as among the concerns of the global human rights movement. Within this context, ‘fighting impunity’ for acts of atrocity arises as among the reasons driving the establishment of international criminal courts and tribunals.

Since impunity means freedom from punishment, any conversation about impunity must involve a discussion of poena. How to punish and what does punishment mean? This Chapter undertakes a rapid-fire discourse analysis of press releases from international criminal courts and tribunals, specifically the Special Tribunal for Lebanon (STL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), so as to impressionistically gauge how these institutions understand poena. While these press releases and other documents gesture towards a multiplicity of venues that can help fight impunity, they also underscore the central, and I would argue primary, place of courtrooms and jailhouses in the imposition of punishment and, therefore, in the fight against impunity. This fight, then, consolidates the courtroom, trial, and jailhouse as a synergized best practice and thereby markedly influences the institutional architecture of post-conflict justice.

This Chapter identifies a challenge to the quest of combating impunity through trials and imprisonment, namely, the reality that reducing impunity for one ‘side’ in a conflict may mean overlooking the abuses inflicted by the other ‘side’. On the other hand, and on a cautionary note, this Chapter questions what it actually would be like to live in a world without any impunity.

This Chapter is normative in that, as a matter of institutional politics, it seeks to further pluralize and diversify the range of actors and entities engaged in the fight against impunity. This Chapter argues that a starting point for this journey would be to re-imagine a broader understanding of poena as one that posits impunity as freedom from harmful consequences, recrimination, reparations, shame, or sanction. This Chapter then speculates how some post-conflict initiatives other than criminal trials might fit within this more capacious conceptualization of poena. These initiatives include informational transparency, forgetting, truth commissions, film, and reclaiming memory.

Call for Submissions: Italian Yearbook/Sanctions and Restrictive Measures in International Law

The Italian Yearbook of International Law has issued a call for submissions its forthcoming volume, including a Focus on "Sanctions and Restrictive Measures in International Law." Here's the call:

Invitation to submit contributions

Italian Yearbook of International Law, Volume XXVII (2017)

The Board of Editors of the Italian Yearbook of International Law (IYIL) is now considering submissions for Volume XXVII (2017).

The Volume will be composed of a Focus on “Sanctions and Restrictive Measures in International Law”, which will address both theoretical and practical aspects of the current practice regarding sanction regimes; an Articles section, with doctrinal contributions of a general character, and a Notes and Comments section, with timely analysis of recent developments.

Manuscripts shall be submitted to the Editors by 28 February 2018, e-mail address: italianyearbook@gmail.com. Submissions shall indicate the Section (Focus, Articles or Notes and Comments) for which the manuscript should be considered. A half-page CV shall also be included. The maximum length of manuscripts is 12,000 words (including footnotes) for contributions to the Focus and Articles sections and 8,000 words (including footnotes) for the Notes and Comments. All submitted manuscripts will undergo a double-blinded review process.

Prospective contributors are encouraged to inform the Editors as soon as possible of their intention to submit a manuscript, so as to be sure that the Yearbook is still considering submissions.

Call for Papers: Comparative International Law

The Younger Comparativists Committee of the American Society of Comparative Law has issued a call for papers for its Seventh Annual Conference, to be held April 20-21, 2018, at Case Western Reserve University. The theme is: "Comparative International Law." The call is here.

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 25, no. 4, November 2017) is out. Contents include:
  • Romola Adeola & Frans Viljoen, The Right Not to Be Arbitrarily Displaced in Africa
  • Elimma C. Ezeani & Elizabeth Williams, Regulating Corporate Directors’ Pay and Performance: A Comparative Review
  • Patrick Agejo Ageh, Ethical Dilemma with Respect to CBD Regulations in Genetic Modification of Biological Resources in Cameroon
  • Gerard Emmanuel Kamdem Kamga, Emergency Regimes in Cameroon: Derogations or Failures of Law?
  • E. H. Ngwa Nfobin, The Francophone/Anglophone Split over Article 47 of the Constitution of the Federal Republic of Cameroon: An Abiding Malaise with an Explosive Charge
  • Aniekan Iboro Ukpe, Trade Integration in a Layered System of International Law
  • Richard M. Temple, African Natural Resources Agreements: Stabilisation Tricks and Traps for the Unwary

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law. They were given by Ahmed Mahiou on “Les priorités actuelles du droit international” and “Coopération et intégration régionale en Afrique,” and Yves Nouvel on “Le standard minimum de traitement des étrangers en droit international.”

Friday, November 17, 2017

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 29, no. 3, October 2017) is out. Contents include:
  • Laura Smith-Khan, Different in the Same Way? Language, Diversity, and Refugee Credibility
  • Lindsey N Kingston, Bringing Rwandan Refugees ‘Home’: The Cessation Clause, Statelessness, and Forced Repatriation
  • Maja Janmyr, No Country of Asylum: ‘Legitimizing’ Lebanon’s Rejection of the 1951 Refugee Convention
  • Lili Song, Refugees or Border Residents from Myanmar? The Status of Displaced Ethnic Kachins and Kokangs in Yunnan Province, China

New Issue: Climate Law

The latest issue of Climate Law (Vol. 7, no. 4, 2017) is out. Contents include:
  • Maxine Burkett; Jainey Bavishi & Erin Shew, Climate Displacement, Migration, and Relocation—And the United States
  • Katrina M. Wyman, United States’ Options for Receiving Cross-Border Climate Migrants
  • Elizaveta Barrett Ristroph, When Climate Takes a Village: Legal Pathways toward the Relocation of Alaska Native Villages
  • Jennifer J. Marlow & Lauren E. Sancken, Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing US Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic
  • Alice Venn, Universal Human Rights? Breaking the Institutional Barriers Facing Climate-Vulnerable Small-Island Developing States

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 86, no. 4, 2017) is out. Contents include:
  • Vassilis P. Tzevelekos & Elena Katselli Proukaki, Migrants at Sea: A Duty of Plural States to Protect (Extraterritorially)?
  • Ana Lopéz Rodríguez, Robbing Peter to Pay Paul? ISDS and ICS from an EU Law Perspective
  • Christophe Deprez, The Gravity of International Crimes as a Challenge to the (Full) Protection of Human Rights before International Criminal Tribunals? A Strasbourg Perspective
  • Moritz Wüstenberg, Back to the Future: MFN Treatment in an Era of Protectionism

Thursday, November 16, 2017

Call for Submissions: African Yearbook on International Humanitarian Law

The African Yearbook on International Humanitarian Law has issued a call for submissions for its 2017 volume. Here's the call:

Call for Submissions for the African Yearbook on International Humanitarian Law

The Editorial Board of the African Yearbook on International Humanitarian Law (AYIHL), a double-blind peer review journal published by Juta Publishing (South Africa), is pleased to announce the AYIHL is now accepting submissions for the 2017 volume of the Yearbook, to be published mid-2018.

The Board invites articles (7,000-12,000 words), case notes, and shorter pieces for inclusion in the ‘Current Developments’ section (up to 4,500 words). The Board welcomes submissions that engage with the themes of international humanitarian law and policy, and particularly aspects thereof that are of relevance of the African continent, broadly construed. The Yearbook publishes research not only on international humanitarian law stricto sensu, but also international human rights law, international criminal law, and other areas of public international law relevant to the regulation of armed conflict.

All submissions are subject to double-blind peer review before an editorial decision on publication is made. Further information on the Yearbook and instructions for prospective authors are available here.

The closing date for submissions is 1 January 2018. Manuscripts must be submitted via email to Hannah.woolaver@uct.ac.za by the closing date.

Hannah Woolaver
Editor-in-Chief of the African Yearbook on International Humanitarian Law
Hannah.woolaver@uct.ac.za

Ishii: International Law and the Global Forum on Transparency and Exchange of Information for Tax Purposes

Yurika Ishii (National Defense Academy of Japan) has posted an ASIL Insight on International Law and the Global Forum on Transparency and Exchange of Information for Tax Purposes.

Wednesday, November 15, 2017

Mann: Maritime Legal Black Holes: Migration and Rightlessness in International Law

Itamar Mann (Univ. of Haifa - Law) has posted Maritime Legal Black Holes: Migration and Rightlessness in International Law (European Journal of International Law, forthcoming). Here's the abstract:
The article explores the trope of the “legal black hole” to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the “war on terror,” but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counter-terrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a typology of instances where persons are rendered rightless. While the two former types are characterized by de-facto rightlessness due to a violation of international law, the latter exposes a seldom-acknowledged yet crucial characteristic of international law: age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de-jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de-jure rightless is ultimately suggested as a broader research agenda for scholars of international law.

Huneeus & Urueña: Treaty Exit and Latin America's Constitutional Courts

Alexandra Valeria Huneeus (Univ. of Wisconsin - Law) & René Urueña (Universidad de Los Andes - Law) have posted Treaty Exit and Latin America's Constitutional Courts. Here's the abstract:

Constitutional courts in Latin America have used judicial review to enhance the relevance of international law in recent years. Some scholars even speak of a growing “constitutionalization of international law” in the region. But these domestic courts can also act as gatekeepers that blunt or entirely deflect the domestic impact of international law. This essay explores three recent episodes in which constitutional courts joined or led efforts to escape treaty obligations: the Venezuelan Supreme Court’s judgment urging the Chávez administration to denounce the American Convention of Human Rights on constitutional grounds, which Chavez then did in 2012 (a court-inspired treaty exit); the Colombian executive’s 2013 petition to have Colombia’s acceptance of the ICJ’s jurisdiction under the Pact of Bogotá declared unconstitutional (a court legitimated treaty exit), and the Dominican Republic (DR) Constitutional Tribunal’s 2014 judgment holding that the DR’s acceptance of the jurisdiction of the Inter-American Court had been unconstitutional (a court-led treaty exit).

Each of the domestic rulings to be discussed were issued in response to an adverse judgment from an international court, and each reflects an effort to quell the international court’s impact by attacking the instrument granting jurisdiction to the court. The essay describes the episodes in context and then analyzes them as a single phenomenon. Taken together, the cases show that in the realm of treaty exit the region’s constitutional courts are drawing on constitutional law to take on a surprisingly prominent foreign affairs role.

Tuesday, November 14, 2017

Monday, November 13, 2017

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 28, no. 3, August 2017) is out. Contents include:
  • Editorial
    • JHHW, Those Who Live in Glass Houses ...; In this Issue
  • Articles
    • Andrew D Mitchell & James Munro, Someone Else’s Deal: Interpreting International Investment Agreements in the Light of Third-Party Agreements
    • Gracia Marín Durán, Untangling the International Responsibility of the European Union and Its Member States in the World Trade Organization Post-Lisbon: A Competence/Remedy Model
    • Sergio Puig & Anton Strezhnev, The David Effect and ISDS
  • Focus: Human Rights and the ECHR
    • Merris Amos, The Value of the European Court of Human Rights to the United Kingdom
    • Susana Sanz-Caballero, The Principle of Nulla Poena Sine Lege Revisited: The Retrospective Application of Criminal Law in the Eyes of the European Court of Human Rights
    • Oddný Mjöll Arnardóttir, Res Interpretata, Erga Omnes Effect and the Role of the Margin of Appreciation in Giving Domestic Effect to the Judgments of the European Court of Human Rights
    • Vera Shikhelman, Geography, Politics and Culture in the United Nations Human Rights Committee
    • Thomas Kleinlein, Consensus and Contestability: The ECtHR and the Combined Potential of European Consensus and Procedural Rationality Control
  • Roaming Charges
    • Emma Nyhan, A Window Apart
  • EJIL: Debate!
    • Jonathan Bonnitcha & Robert McCorquodale, The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
    • John Gerard Ruggie & John F Sherman, III, The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Reply to Jonathan Bonnitcha and Robert McCorquodale
    • Jonathan Bonnitcha & Robert McCorquodale, The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Rejoinder to John Gerard Ruggie and John F. Sherman, III
  • A Fresh Look at Old Cases
    • William Phelan, The Revolutionary Doctrines of European Law and the Legal Philosophy of Robert Lecourt
  • Critical Review of International Governance
    • Ekaterina Yahyaoui Krivenko, The ICJ and Jus Cogens through the Lens of Feminist Legal Methods

Basedow: The EU in the Global Investment Regime

Johann Robert Basedow (London School of Economics - European Institute) has published The EU in the Global Investment Regime: Commission Entrepreneurship, Incremental Institutional Change and Business Lethargy (Routledge 2018). Here's the abstract:

The European Union (EU) has emerged as a key actor in the global investment regime since the 1980s. At the same time, international investment policy and agreements, which govern international investment liberalisation, treatment and protection through investor-to-state dispute settlement, have become increasingly contentious in the European public debate.

This book provides an accessible introduction to international investment policy and seeks to explain how the EU became an actor in the global investment regime. It offers a detailed analysis of the EU’s participation in all major trade and investment negotiations since the 1980s and EU-internal competence debates to identify the causes behind the EU’s growing role in this policy domain. Building on principal-agent and historical institutionalist models of incremental institutional change, the book shows that Commission entrepreneurship was instrumental in the emergence of the EU as a key actor in the global investment regime. It refutes business-centred liberal intergovernmental explanations, which suggest that business lobbying made the Member States accept the EU’s growing role and competence in this domain. The book lends support to supranational and challenges intergovernmental thinking on European Integration.

Sunday, November 12, 2017

New Issue: Chinese Journal of International Law

The latest issue of the Chinese Journal of International Law (Vol. 16, no. 3, September 2017) is out. Contents include:
  • Editorial Comment
    • Zhang Xinbao, China's Strategy for International Cooperation on Cyberspace
  • Articles
    • Chris Whomersley, The Award on the Merits in the Case Brought by the Philippines against China Relating to the South China Sea: A Critique
    • Dire Tladi, The International Law Commission's Draft Articles on the Protection of Persons in the Event of Disasters: Codification, Progressive Development or Creation of Law from Thin Air?
    • Matthew Seet, Finding Reprieve: Should the Global Movement Against Capital Punishment Embrace China's Suspended Death Sentence As a Model for Other Retentionist States to Emulate?
    • Asif Hameed, Some Misunderstandings about Legislation and Law
    • Wenliang Zhang, Sino-Foreign Recognition and Enforcement of Judgments: A Promising "Follow-Suit" Model?
  • Chronology of Practice
    • Xiaohui Wu, Chronology of Practice: Chinese Practice in Public International Law in 2016

Klein et al.: The Paris Agreement on Climate Change: Analysis and Commentary

Daniel Klein (Secretariat, United Nations Framework Convention on Climate Change), Maria Pia Carazo (Univ. for Peace), Meinhard Doelle (Dalhousie Univ. - Law), Jane Bulmer (Secretariat, United Nations Framework Convention on Climate Change), & Andrew Higham (Mission 2020) have published The Paris Agreement on Climate Change: Analysis and Commentary (Oxford Univ. Press 2017). Here's the abstract:

The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change.Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals.

The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance.

Saturday, November 11, 2017

Ferrari: The Impact of EU Law on International Commercial Arbitration

Franco Ferrari (New York Univ. - Law) has published The Impact of EU Law on International Commercial Arbitration (Juris Publishing 2017) The table of contents is here. Here's the abstract:
For many years, it seemed almost a truism to state that EU law and the law of international arbitration were two very distinct areas of law that did not intersect. Most believed each area pursued its own course without impacting on the other. However, a series of matters on which the international arbitral regime and the European Union part ways and, indeed, enter into serious conflict have emerged. The chapters in The Impact of EU Law, which were initially presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law, show that these areas of law are becoming ever more interconnected and that the impact of EU law on the law of international arbitration can be felt over the course of all stages of an international arbitration, from the pre-award stage to the post-award stage--an influence further exacerbated by the dilemma of arbitral tribunals and national courts when facing conflicting mandates from the law of international arbitration and the law of the European Union. Furthermore, and the contributions in this volume make this abundantly clear, EU law has not only impacted international arbitrations seated in EU Member States, but has also influenced arbitrations seated around the world, a fact that makes The Impact of EU Law required reading for all practitioners, arbitrators and all other stakeholders in the arbitration process world-wide.

Christensen & Levi: International Practices of Criminal Justice: Social and Legal Perspectives

Mikkel Jarle Christensen (Univ. of Copenhagen - Law) & Ron Levi (Univ. of Toronto - Munk School of Global Affairs) have published International Practices of Criminal Justice: Social and Legal Perspectives (Routledge 2017). Contents include:
  • Mikkel Jarle Christensen & Ron Levi, Introduction: An internationalized criminal justice: paths of law and paths of police
  • Mikkel Jarle Christensen, Reunited Europe and the internationalization of criminal law: the creation and circulation of criminal law as an international governance tool
  • Antoine Mégie, Displacing and replacing the criminal law within the European space
  • Jamie Rowen, The transformation of legal ideas: the globalization and politicization of transitional justice in the Middle East
  • Valsamis Mitsilegas, The global governance of transnational crime: implications for justice and the rule of law
  • Ron Levi, Sara Dezalay & Michael Amiraslani, Prosecutorial strategies and opening statements: justifying international prosecutions from the International Military Tribunal at Nuremberg through to the International Criminal Court
  • Nicola Langille & Frédéric Mégret, Red Notices and transnational police practices
  • Kerstin Bree Carlson, Trading on guilt: the judicial logic of plea bargains at the ICTY and its transplant to Serbia and Bosnia
  • Kirsten Campbell, The making of international criminal justice: towards a sociology of the ‘legal field’
  • Mark A. Drumbl, Extracurricular international criminal law
  • Michiel Luchtman & John Vervaele, Criminal investigation and prosecution by a European public prosecutor’s office in the EU: shared enforcement without procedural safeguards and judicial protection?
  • Victor Peskin, Virtual trials revisited: the shifting politics of state cooperation from the UN ad hoc tribunals to the International Criminal Court
  • Sigall Horovitz, Rwanda’s Kabgayi Trial between international justice and national reconciliation
  • Mark Kerseten, As the pendulum swings – the revival of the hybrid tribunal

Seminar: The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law

On December 6-7, 2017, the Faculty of Law of the University of Geneva and the Department of Law of the University of Ferrara will hold a seminar on "The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law," at the University of Ferrara. The program is here. Here's the idea:
In the year of the judgment’s twentieth anniversary, the seminar aims at reassessing the way in which the case was managed, including as regards the post-judgment phase, and exploring the judgment’s impact on the Law of Sustainable Development, the Law of Treaties and the Law of International Responsibility.

New Issue: Journal on the Use of Force and International Law

The latest issue of the Journal on the Use of Force and International Law (Vol. 4, no. 2, 2017) is out. Contents include:
  • Guest Editorial Comment
    • Claus Kreß & Benjamin Nußberger, Pro-democratic intervention in current international law: the case of The Gambia in January 2017
  • Articles
    • Matteo Tondini, The use of force in the course of maritime law enforcement operations
    • Chris O’Meara, The relationship between national, unit and personal self-defence in international law: bridging the disconnect
    • Francis Grimal & Jae Sundaram, Cyber warfare and autonomous self-defence
    • Tobias Kliem, You can’t cyber in here, this is the War Room! A rejection of the effects doctrine on cyberwar and the use of force in international law

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 23, no. 4, October-December 2017) is out. Contents include:
  • The Global Forum
    • Robert C. Johansen, Developing a Grand Strategy for Peace and Human Security: Guidelines from Research, Theory, and Experience
    • Abiodun Williams, The Responsibility to Protect and Institutional Change
  • Articles
    • Maria Beatriz Bonna Nogueira, The Promotion of LGBT Rights as International Human Rights Norms: Explaining Brazil’s Diplomatic Leadership
    • Melanie H. Ram, International Organization Autonomy and Issue Emergence: The World Bank’s Roma Inclusion Agenda
    • Jeremy Youde, Global Health Governance in International Society
    • Hylke Dijkstra, Collusion in International Organizations: How States Benefit from the Authority of Secretariats

Friday, November 10, 2017

Lane & Hesselman: Governing Disasters: Embracing Human Rights in a Multi-Level, Multi-Duty Bearer, Disaster Governance Landscape

Lottie Lane (Univ. of Groningen - Groningen Centre for Law and Governance) & Marlies Hesselman (Univ. of Groningen - Law) have published Governing Disasters: Embracing Human Rights in a Multi-Level, Multi-Duty Bearer, Disaster Governance Landscape (Politics and Governance, Vol. 5, no. 2, 2017). Here's the abstract:
Abstract International and national disaster governance faces multiple challenges given the large variety and amounts of resources, skills and expertise that adequate disaster response commands. Moreover, disasters do not necessarily respect territorial boundaries, or may overwhelm the capacity of any one nation. They may therefore need a truly collective, joint, or even global effort to be overcome. Not seldom, reducing disaster risks and responding to disasters as they occur requires a sustained, concerted and coordinated effort of a broad range of actors, both public and private, acting nationally and internationally, and across the full ‘disaster cycle’. Unfortunately, disaster governance is commonly characterized as patchy, fragmented and inadequate, leading to essential protection gaps for affected communities. In order to strengthen disaster governance, this article first aims to further conceptualize the practice and challenges of ‘disaster governance’, mostly through the lens of ‘Multi-Level Governance’. Secondly, it proposes that disaster governance will greatly benefit from relevant actors more firmly embracing human rights-based approaches, particularly in the context of so-called, emerging ‘multi-duty bearer human rights regimes’.

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 30, no. 4, November 2017) is out. Contents include:
  • International Legal Theory: Symposium: Law between Global and Colonial: Techniques of Empire
    • Mónica García-Salmones Rovira & Paolo Amorosa, Introduction
    • Maria Adele Carrai, Learning Western Techniques of Empire: Republican China and the New Legal Framework for Managing Tibet
    • Kirsten Sellars, Meanings of Treason in a Colonial Context: Indian Challenges to the Charges of ‘Waging War against the King’ and ‘Crimes against Peace’
    • Rotem Giladi, The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’
  • International Law and Practice
    • Kubo Mačák, From Cyber Norms to Cyber Rules: Re-engaging States as Law-makers
    • Maria Weimer, Reconciling Regulatory Space with External Accountability through WTO Adjudication – Trade, Environment and Development
  • Hague International Tribunals: International Court of Justice
    • Vincent-Joël Proulx, The World Court's Jurisdictional Formalism and its Lost Market Share: The Marshall Islands Decisions and the Quest for a Suitable Dispute Settlement Forum for Multilateral Disputes
    • Cosette Creamer & Zuzanna Godzimirska, The Job Market for Justice: Screening and Selecting Candidates for the International Court of Justice
  • International Criminal Courts and Tribunals
    • Harmen van der Wilt, Unconstitutional Change of Government: A New Crime within the Jurisdiction of the African Criminal Court
    • Ruth Bettina Birn, How Often Must We Re-Invent the Wheel? Reflections on the Most Efficient Structure of Prosecution Offices in International Courts and Why It is Not Generally Used
    • Stewart Manley, Citation Practices of the International Criminal Court: The Situation in Darfur, Sudan

Naftali: La construction du "droit à la vérité" en droit international

Patricia Naftali (Université libre de Bruxelles - Centre de droit public) has published La construction du "droit à la vérité" en droit international (Bruylant 2017). Here's the abstract:

La « vérité » peut-elle faire l’objet d’un droit ? La question aurait de quoi laisser le lecteur perplexe. Pourtant, en l’espace d’une décennie, l’idée d’un « droit à la vérité » dû aux victimes d’atrocités est parvenue à s’imposer de manière globale : elle occupe aujourd’hui une place centrale dans le paysage des institutions de protection des droits de l’homme et dans les politiques internationales de pacification de sociétés en conflit.

Comment ce concept a-t-il pu être consacré aussi rapidement, alors qu’il ne figurait dans aucun catalogue de droits fondamentaux ? S’agit-il d’un nouveau droit justiciable ou d’un simple recyclage sémantique d’autres droits existants ? Le « droit à la vérité » annonce-t-il une révolution juridique, ou se résume-t-il à une façade rhétorique, voire un fétichisme juridique ?

Cet ouvrage inédit reconstitue la généalogie du « droit à la vérité » en droit international, des luttes sociales concrètes pour sa reconnaissance à ses développements contemporains, afin d’en déterminer les enjeux socio-politiques et juridiques. À ce titre, il présente une cartographie complète des mobilisations du « droit à la vérité » et de leurs effets en droit international. D’une part, l’étude examine dans quelle mesure le « droit à la vérité » est reconnu en droit international et quels sont ses contours normatifs et ses bénéficiaires. D’autre part, elle sonde le rôle des entrepreneurs du « droit à la vérité » dans la construction d’un nouveau droit, afin de comprendre les conditions empiriques de sa diffusion internationale et les enjeux qui la sous-tendent.

En particulier, la thèse montre comment les mobilisations du « droit à la vérité » tentent d’orienter dans un sens particulier certains débats qui demeurent ouverts en droit international et qui sont liés à des enjeux de justice contemporains : les victimes d’atrocités ont-elles un droit à la punition des responsables ? Les amnisties sont-elles licites en droit international ? Peut-on restreindre le secret d’État et contraindre les autorités à communiquer des informations aux victimes de violations des droits de l’homme et à leurs proches ?

En définitive, l’ouvrage révèle l’ambivalence du « droit à la vérité », qui agit tantôt comme ressource, et tantôt comme contrainte pour ses promoteurs, en raison de la diversité de ses représentations et de ses réappropriations successives au fil du temps.

Call for Papers: ASIL International Courts and Tribunals Interest Group Workshop

The International Courts and Tribunals Interest Group of the American Society of International Law has issued a call for papers for its works-in-progress workshop, which will take place at the John Marshall Law School in Chicago on Friday, February 9, 2018. The call is here.

Call for Papers: Junior International Law Scholars Association Annual Meeting

The Junior International Law Scholars Association (JILSA) has issued a call for papers for its annual meeting, to be held January 12, 2018, at the American University College of Law, Washington, DC. Here's the call:

The Junior International Law Scholars Association (JILSA) is holding its annual meeting on Friday, January 12, 2018, at the American University College of Law, Washington, DC. JILSA is an informal network of junior scholars at mostly American law schools who get together annually for a self-funded workshop. Junior scholars should email co-chairs Rebecca Hamilton (hamilton@wcl.american.edu) and Julian Arato (julian.arato@brooklaw.edu) by Friday, November 24, if they are interested in (a) workshopping a work in progress; (b) workshopping an early stage work; and/or (c) being a discussant at the meeting.

(a) For works in progress: please submit a working title, an abstract, and an indication of how far along you expect the paper to be (i.e. how long you anticipate it being by the time we request papers for distribution around New Years, and whether it has been accepted for publication). As usual, we will accommodate as many proposals as possible, but if we need to make choices we will give preference to people who didn't present last year and to works that have not yet been accepted for publication.

(b) For early stage works, please give us the working title, and a few lines about the idea you want to pursue.

Responses will be sent by the end of November. If your proposal is accepted, we'll ask you to submit your paper by Friday, December 29, to ensure that discussants (and everyone else) have enough time to read thoroughly and prepare comments in advance of the conference.

Membership in JILSA is open to any pre-tenure scholar, and if non-members would like to join they should email the co-chairs.

Workshop: Conversations on International Law and Materiality

On November 21, 2017, the Centre for European and International Legal Affairs and the Centre for Law and Society in a Global Context at Queen Mary University of London will co-host a workshop on "Conversations on International Law and Materiality: International Law, Materiality and Art." The program is here.

Grisel: Competition and Cooperation in International Commercial Arbitration

Florian Grisel (Centre national de la recherche Scientifique) has published Competition and Cooperation in International Commercial Arbitration: The Birth of a Transnational Legal Profession (Law & Society Review, Vol. 51, no. 4, December 2017). Here's the abstract:
This paper revisits the sociology of international commercial arbitration on the basis of unexploited archives and data. This material casts new light on the competition between “grand old men” and “young technocrats” in the 1980s and 1990s, a theme that has structured the analysis of international commercial arbitration since the pioneering work of Yves Dezalay and Bryant G. Garth (Dealing in Virtue). In contrast, the data show that the crucial transformative period actually took place between the 1950s and 1970s, when a relatively well-defined group of individuals emerged as the leading arbitrators at the International Chamber of Commerce. These individuals— the “secant marginals”—succeeded in constructing a cooperative interface (rather than competition) between otherwise separate legal systems and professions. In doing so, they created the conditions necessary for the emergence of a new transnational legal profession. At a more general level, the article proposes an alternative narrative of globalization, wherein actors operating at the intersection of various systems, create new arenas of governance on the basis of inter-system cooperation.

Thursday, November 9, 2017

Rossi: The Nomos of Climate Change and the Sociological Refugee in a Sinking Century

Christopher R. Rossi (Univ. of Iowa - Law) has posted The Nomos of Climate Change and the Sociological Refugee in a Sinking Century (George Washington International Law Review, forthcoming). Here's the abstract:
Disappearing island states present tip-of-the-iceberg problems for international refugee law in the Anthropocene. Coastal recissions and global inundation prospects adumbrate an assortment of environmental challenges that call into question the relevance of the Refugee Convention. Understanding the limitations of refugee law and its inability or unwillingness to confront extant gaps within its regime structure, and emergent challenges posed by climate change, require a reconsideration of the telluric underpinnings of sovereignty and the nature of the threat posed by exigent human migration. This Article employs the concept of nomos projected by the problematic but increasingly significant twentieth century international lawyer, Carl Schmitt. His biogeographic understanding of international law, inextricably tethered to the organic formation of ‘true law’ through land appropriation within the context of European history, explains limitations in international refugee law that the liberal order must first confront in order to fully operationalize the grand scheme to reframe displacement issues projected by the coming 2018 UN Global Compact on Migration.

Ebert: Forum Shopping in International Investment Law

Björn P. Ebert has published Forum Shopping in International Investment Law: Forum Planning, Forum Enhancement, and Facilitation of Procedure- Assessment and Limits (Mohr Siebeck 2017). Here's the abstract:
Björn P. Ebert analyses forum shopping in international investment law. He focuses on investment treaty and investment contract arbitration, and concludes that forum shopping is legal and legitimate as long as it is not subject to particular limitations derived from applicable law. He assumes that forum shopping is generally a legitimate procedural technique that both parties to the dispute may employ in order to maximise the protection offered to international investment by international law. To validate the underlying thesis, the author analyses and differentiates between different manifestations of forum shopping. The main manifestations are categorised in three categories: forum planning, forum enhancement, and facilitation of procedure. Each category contains different forum shopping techniques. Björn P. Ebert examines and defines limitations for each category, as well as the manifestations of forum shopping that are assigned to them. He thereby addresses several issues of international investment arbitration that are essential to the perceived problem of forum shopping.

Madsen: Rebalancing European Human Rights

Mikael Rask Madsen (Univ. of Copenhagen - Law) has posted Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe? (Journal of International Dispute Settlement, forthcoming). Here's the abstract:
Has the Brighton Declaration produced a New Deal on European human rights by assigning a new and more central role to national legal and political institutions and by demanding greater subsidiarity? Against the backdrop of a systematic exploration of the case law of the European Court of Human Rights (ECtHR), this article concludes that, after the Brighton Declaration, the ECtHR is indeed providing more subsidiarity. The Court now makes greater use of the terms ‘margin of appreciation’ and ‘wide(r) margin’, particularly regarding two areas of law: Article 8 on the right to privacy and Article 35 on access to the Court. However, as the article further demonstrates, this increase in subsidiarity is not conferred on all Member States equally. The old, Western Member States are generally the greatest beneficiaries of the ECtHR’s new jurisprudential directions. But the analysis also demonstrates that, contrary to popular belief, the most vocal critics of the system are not given preferential treatment. A final, more general conclusion that follows from these findings is that the ECtHR is receptive to political signals and does not, as is often claimed, operate in a political vacuum. Although currently merely soft law documents, the Brighton Declaration and its associated Protocols, by precipitating change at the Court, have achieved exactly what they set out to do. This has theoretical implications for the understanding of the evolution of international courts.

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 20, nos. 5-6, November 2017) is out. Contents include:
  • Graham Dutfield, TK unlimited: The emerging but incoherent international law of traditional knowledge protection
  • Morten Walløe Tvedt & Ellen-Marie Forsberg, The room for ethical considerations in patent law applied to biotechnology
  • Rami Olwan, The ratification and implementation of the Marrakesh Treaty for visually impaired persons in the Arab Gulf States
  • Olga Gurgula, Monopoly v. Openness: Two sides of IP coin in the pharmaceutical industry
  • Fran Humphries, A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas
  • Harilal Madhavan, Below the radar innovations and emerging property right approaches in Tibetan medicine

Wednesday, November 8, 2017

Otto: Queering International Law

Dianne Otto (Univ. of Melbourne - Law) has published Queering International Law: Possibilities, Alliances, Complicities, Risks (Routledge 2017). Contents include:
  • Dianne Otto, Introduction: Embracing Queer Curiosity
  • Rahul Rao, A Tale of Two Atonements
  • Doris Buss & Blair Rutherford, ‘Dangerous Desires’: Illegality, Sexuality, and the Global Governance of Artisanal Mining
  • Monika Zalnieriute, The Anatomy of Neoliberal Internet Governance: A Queer Critical Political Economy Perspective
  • Vanja Hamzić, International Law as Violence: Competing Absences of the Other
  • Tamsin Phillipa Paige, The Maintenance of International Peace and Security Heteronormativity
  • Maria Elander, In Spite: Testifying to Sexual and Gender Based Violence during the Khmer Rouge period
  • Ratna Kapur, The Im/possibility of Queering Human Rights
  • Aeyal Gross, Homoglobalism: The Emergence of Global Gay Governance
  • Anniken Sørlie, Governing (Trans)Parenthood – The Tenacious hold of Biological Connection and Heterosexuality
  • Bina Fernandez, Queer Border Crossers: Pragmatic Complicities, Indiscretions and Subversions
  • Nan Seuffert, Queering International Law’s Stories of Origin: Hospitality and Homophobia
  • Diane Otto, Resisting the Heteronormative Imaginary of the Nation State: Rethinking Kinship and Border Protection

Tallberg & Zürn: The Legitimacy and Legitimation of International Organizations

Jonas Tallberg (Stockholm Univ. - Political Science) & Michael Zürn (WZB Berlin Social Science Center) have posted The Legitimacy and Legitimation of International Organizations: Introduction and Framework. Here's the abstract:
While legitimacy dynamics are paramount in global governance, they have been insufficiently recognized, conceptualized, and explained in standard accounts of international cooperation. This special issue aims to spearhead the empirical study of legitimacy and legitimation in global governance. It addresses the overarching question of when, how, and why international organizations (IOs) gain, sustain, and lose legitimacy in world politics. It engages with this question comparatively, mapping and explaining patterns in legitimacy and legitimation across multiple dimensions. In this introduction, we first conceptualize legitimacy as the belief that an IO’s authority is appropriately exercised, and legitimation and delegitimation as processes of justification and contestation intended to shape such beliefs. We then theorize sources of variation in legitimation processes and legitimacy beliefs, with a particular focus on the authority, procedures, and performances of IOs. Finally, we describe the methods used to empirically study legitimacy and legitimation, and preview the articles of the special issue in the context of the broader research problems they address.

Zielonka: Der Ausgleich zwischen Investorenschutz- und Regulierungsinteressen in internationalen Investitionsschutzabkommen

Christian Zielonka has published Der Ausgleich zwischen Investorenschutz- und Regulierungsinteressen in internationalen Investitionsschutzabkommen (Duncker & Humblot 2017). Here's the abstract:

Wie können Staaten zur Sicherstellung ihres right to regulate ihr jeweiliges Verständnis eines angemessenen Ausgleichs zwischen Investorenschutz- und Regulierungsinteressen in einer Neuen Generation von Investitionsschutzabkommen verankern? Werden diese vertraglichen Vorgaben in künftigen Investor-Staat-Verfahren Beachtung finden oder sind sie vergebliche oder gar risikoträchtige Bemühungen? Entgegen pessimistischerer Stimmen sind in diese Prognose und die Bewertung der vertraglichen Gestaltungsoptionen die gewandelten Interessenslagen der Akteure und die Entwicklung der Schiedspraxis infolge eines massiven, vielfältigen und ausdauernden Widerspruchs gegen eine immer expansivere Auslegung des Investorenschutzes einzubeziehen.

So belegt die Analyse der Schiedspraxis zu indirekten Enteignungen um zum Fair and Equitable Standard, dass dieser Widerspruch in Teilen bereits das bewirkt hat, was die Gestaltungsbemühungen bezwecken: Eine Rekalibrierung zugunsten staatlicher Regulierungsinteressen. Dies spricht dafür, dass vertragliche Präzisierungen, mit denen fortbestehende Auslegungsunsicherheiten ausgeräumt werden sollten, auch zukünftig bei den Schiedsgerichten nicht auf taube Ohren stoßen werden.

Special Section: International Law and Disasters

The latest issue of Disaster Prevention and Management (Vol. 26, no. 5, 2017) includes a special section on "International Law and Disasters." Contents include:
  • Special Section: International Law and Disasters
    • Marie Aronsson-Storrier & Karen da Costa, Regulating disasters? The role of international law in disaster prevention and management
    • Marie Aronsson-Storrier, Sanitation, human rights and disaster management
    • Marlies Hesselman & Lottie Lane, Disasters and non-state actors – human rights-based approaches
    • Karen da Costa, Corporate accountability in the Samarco chemical sludge disaster
    • Ronan McDermott, Charlotte Luelf, Laura Hofmann, & Pat Gibbons, International law applicable to urban conflict and disaster

Call for Papers: War and Imprisonment

A call for papers has been issued for a conference on "War and Imprisonment," to take place May 11, 2018, at the Graduate Center of the City University of New York. Here's the call:

The capture and confinement of human beings has been—and remains—a central feature of warfare and periods of mass violence both within and between nation-states and among non-state actors.  Prisoners apprehended and held during times of conflict—whether military or political—have been both blessing and curse to their keepers.  While often valued as cheap labor and lucrative bargaining chips, the high costs—economic, social, political, and environmental—associated with mass imprisonment continue to challenge even the best organized bureaucratic states.  This conference seeks to explore these historical and contemporary dynamics across geographic time and space.  We welcome interdisciplinary scholarship on topics including, but not limited to, the following:

  • Prisoner of war camps
  • Prison towns
  • Civilian prisoners in wartime
  • Political imprisonment
  • Prison culture
  • Prison violence
  • Treatment of prisoners
  • Prison labor in wartime
  • Race, class, gender, and prison in wartime
  • Prison architecture and design
  • Environmental impacts of mass imprisonment

The one-day conference—the fifth annual of an ongoing series—will be held at the Graduate Center of the City University of New York, located at 365 Fifth Avenue in Manhattan, on Friday, May 11, 2018.  We envision a program free of geographical, chronological, or methodological restraints.  Individual paper proposals of no more than 300 words and a short CV should be sent to Clarence (Jeff) Hall (chall@qcc.cuny.edu) and Sarah Danielsson (sdanielsson@gc.cuny.edu) no later than December 15, 2017.  Accepted presenters will be notified in early 2018.  Interested presenters may also be considered for publication in an anthology tentatively scheduled for 2019.

Tuesday, November 7, 2017

Tallberg, Lundgren, Sommerer, & Squatrito: Explaining Policy Norm Adoption by International Organizations

Jonas Tallberg (Stockholm Univ. - Political Science), Magnus Lundgren (Stockholm Univ.), Thomas Sommerer (Stockholm Univ. - Political Science), & Theresa Squatrito (University of Oslo - Law) have posted Explaining Policy Norm Adoption by International Organizations. Here's the abstract:
Recent decades have witnessed the emergence, spread, and adoption of a broad range of new policy norms in global governance, among them sustainable development, gender equality, and human security. While existing scholarship can tell us a lot about the specific trajectories of each of these norms, we know little about the broader patterns and sources of norm adoption by international organizations (IOs). This paper offers the first comparative large-N analysis of the spread and adoption of policy norms among IOs. Theoretically, we develop a diffusion argument, focused on prior adoption of norms among peers of IOs, while also assessing the influence of independent factors. Empirically, the paper maps and explains the spread of eight policy norms across 27 IOs over the time period 1980 to 2015 based on a unique dataset. The analysis establishes that variation in norm adoption across IOs is explained mainly by a combination of three factors: the fit between an IO’s policy mandate and the norm; prior adoption of a norm by IOs in the same issue area; and prior adoption of a norm by IOs with overlapping memberships. Norm adoption clearly involves diffusion, but also strong issue area determinacy. These findings have important implications for research on norms, diffusion, and IOs.

Ohlin: Research Handbook on Remote Warfare

Jens David Ohlin (Cornell Univ. - Law) has published Research Handbook on Remote Warfare (Edward Elgar Publishing 2017). Contents include:
  • Jens David Ohlin, Remoteness and Reciprocal Risk
  • Emily Crawford, The Principle of Distinction and Remote Warfare
  • Robert Heinsch, Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries
  • Anthony Cullen, The Characterisation of Remote Warfare under International Humanitarian Law
  • Gloria Gaggioli, Remoteness and Human Rights Law
  • Mark Klamberg, Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare
  • Nigel D. White & Lydia Davies-Bright, Drone Strikes: A Remote Form of Self-Defence?
  • Geoffrey Corn, Drone Warfare and the Erosion of Traditional Limits on War Powers
  • William C. Banks, Developing Norms for Cyber Conflict
  • Terry D. Gill, Jelle van Haaster, & Mark Roorda, Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited
  • Ian S. Henderson, Patrick Keane & Josh Liddy, Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability
  • Robin Geiß & Henning Lahmann, Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict
  • Peter Margulies, Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts
  • Michael W. Meier, The Strategic Implications of Lethal Autonomous Weapons

d'Aspremont: The International Law of Statehood and Recognition: A Post-Colonial Invention

Jean d'Aspremont (Univ. of Manchester - Law; Sciences Po - Law) has posted The International Law of Statehood and Recognition: A Post-Colonial Invention (in La Reconnaissance du Statut d’Etat à des Entités Contestées, T. Garcia ed., forthcoming). Here's the abstract:
This contribution seeks to lay bare some of the main conceptual, theoretical, and normative constructions that have informed the rise of the doctrine of statehood into one of the fundamental doctrines of international law and allowed it to continue to prove most influential in contemporary international legal discourses. In doing so, this contribution will make the point that the doctrine of statehood has been shaped by both modern and post-colonial heritages. It will be shown that the main components of the doctrine of statehood are very modern in that they are directly inherited from liberal legal thought. It will simultaneously be demonstrated that it is only in the second half of the 20th century, and more precisely in the wake of the start of the decolonisation process, that all these modern components were assembled and organised in order to compose what is known today as the doctrine of statehood.

Monday, November 6, 2017

Carnegie & Carson: The Disclosure Dilemma: Nuclear Intelligence and International Organizations

Allison Carnegie (Columbia Univ.) & Austin Carson (Univ. of Chicago) have posted The Disclosure Dilemma: Nuclear Intelligence and International Organizations. Here's the abstract:
Scholars have long argued that international institutions solve information problems through increased transparency. This article introduces a distinct problem that instead requires such institutions keep information secret. We argue that states often seek to reveal intelligence about other states’ violations of international rules and laws but are deterred by concerns about revealing the sources and methods used to collect it. Properly equipped international institutions, however, can mitigate these dilemmas by analyzing and acting on sensitive information while protecting it from wide disclosure. Using new data on intelligence sharing with the International Atomic Energy Agency and analyses of the full universe of nuclear proliferation cases, we demonstrate that reforms that strengthened the Agency’s intelligence safeguarding capabilities led to greater intelligence-sharing and fewer nuclear-related transgressions. However, our theory suggests that solving these dilemmas provides informed states with a subtle form of influence that creates tension with the normative goal of international transparency.

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 39, no. 4, November 2017) is out. Contents include:
  • Shucheng Wang, Tripartite Freedom of Religion in China: An Illiberal Perspective
  • Rachel Wahl, No Justice, No Peace?: The Police, People of Color, and the Paradox of Protecting Human Rights
  • Lutz Oette, Document and Analyze: The Legacy of Klemperer, Fraenkel, and Neumann for Contemporary Human Rights Engagement
  • Gwilym David Blunt, Is There a Human Right to Resistance?
  • Eva Brems, Corina Heri, Saïla Ouald Chaib, & Lieselot Verdonck, Head-Covering Bans in Belgian Courtrooms and Beyond: Headscarf Persecution and the Complicity of Supranational Courts
  • Safia Swimelar, The Journey of LGBT Rights: Norm Diffusion and its Challenges in EU Seeking States: Bosnia and Serbia
  • Valentina Carraro, The United Nations Treaty Bodies and Universal Periodic Review: Advancing Human Rights by Preventing Politicization?

Seminar: The Crisis of International Criminal Law in Africa

On November 7, 2017, the University of Johannesburg, the University of Leicester, and the International Law and Policy in Africa Network will hold a Modern Law Review seminar on "The Crisis of International Criminal Law in Africa." The program is here. Here's the idea:
This seminar concerns the backlash against International Criminal Law in Africa and addresses
  • Whether the International Criminal Court (ICC) is able to prosecute acting Heads of State and if so, on whose request (immunities).
  • The African Union’s resistance to ICC jurisdiction over Heads of African States and objection to ICC universal jurisdiction.
  • The withdrawal of African states from the ICC and what that means to the ICC and International Criminal Law in general.
  • How to move forward from the crisis of the relationship between the ICC and African states.

Mayer & Crépeau: Research Handbook on Climate Change, Migration and the Law

Benoît Mayer (Chinese Univ. of Hong Kong - Law) & François Crépeau (McGill Univ. - Law) have published Research Handbook on Climate Change, Migration and the Law (Edward Elgar Publishing 2017). Contents include:
  • Benoît Mayer & François Crépeau, Introduction
  • Robert McLeman, Climate-related migration and its linkages to vulnerability, adaptation, and socio-economic inequality: evidence from recent examples
  • Calum T.M. Nicholson, ‘Climate-induced migration’: ways forward in the face of an intrinsically equivocal concept
  • Carol Farbotko, Representation and misrepresentation of climate migrants Christel Cournil, The inadequacy of international refugee law in response to environmental migration
  • Elizabeth Ferris, The relevance of the Guiding Principles on Internal Displacement for the climate change-migration nexus
  • Siobhán McInerney-Lankford, Climate Change, Human Rights and Migration: A Legal Analysis of Challenges and Opportunities
  • Ademola Oluborode Jegede, Indigenous peoples, climate migration and international human rights law in Africa, with reflections on the relevance of the Kampala Convention
  • Maxine Burkett, International Climate Change Law Perspectives
  • Sébastien Jodoin, Kathryn Hansen & Caylee Hong, Displacement Due to Responses to Climate Change: The Role of a Rights-Based Approach
  • Benoit Mayer, Climate change, migration and the law of State responsibility
  • Erika Pires Ramos & Fernanda de Salles Cavedon Capdeville, Regional responses to climate change and migration in Latin America
  • Gervais Appave, Alice Sironi, Mariam Traore Chazalnoel, Dina Ionesco & Daria Mokhnacheva, Organizational perspectives: International Organization for Migration’s role and perspectives on climate change, migration and the law
  • Sophia Kagan, Meredith Byrne & Michelle Leighton, Organizational Perspective from the International Labour Organization
  • Alex Randall, Engaging the media on climate-linked migration
  • Katrina M. Wyman, Ethical Duties to Climate Migrants
  • Chloé Anne Vlassopoulos, When climate-induced migration meets loss and damage: a weakening agenda-setting process?
  • François Gemenne, The refugees of the Anthropocene
  • Frank Biermann & Ingrid Boas, Towards a Global Governance System to Protect Climate Migrants: Taking Stock
  • Ilona Millar & Kylie Wilson, Towards a Climate Change Displacement Facility
  • Susan F. Martin, Towards an extension of complementary protection?
  • James C. Hathaway, Afterword

Sunday, November 5, 2017

Call for Papers: Cambridge International Law Journal 2018 Conference

The Cambridge International Law Journal has issued a call for papers for its 2018 Conference. The theme is" "Non-State Actors and International Law." Here's the call:

The Editors of the Cambridge International Law Journal (CILJ) and the Conference Convenors welcome submissions for the Cambridge International Law Conference 2018, which will be held at the Faculty of Law, University of Cambridge on the 3rd and 4th of April 2018.

THEME

This year, the Conference invites the submission of papers under the theme ‘Non-State Actors and International Law’. In addition to scholarly research which looks generally at armed groups, civil society, and transnational corporations in international law, the Conference is particularly interested in papers which explore the role of social media actors, as well as those which consider intersections with the economy, development, and society. Papers which fall within the broad spectrum of the Conference and which offer new perspectives and conceptualisations of the theme are also highly welcome.

ABSTRACTS

Abstracts of no more than 500 words should be submitted together with your CV (separately uploaded) via Submittable by Friday, 8 December 2017.

Successful applicants will be notified by email by Friday, 12 January 2018. The authors of selected papers will be required to submit a 2,000-word extended abstract to conference@cilj.co.uk by Friday, 23 February 2018.

Authors who present at the Conference will also be invited to submit their papers to be considered for publication in Volume 7(2), the conference issue of the Journal, to be published in December 2018, subject to the normal double-blind peer-review process. Authors will be contacted about this after the Conference.

FURTHER INFORMATION

Further information will be posted on the CILJ website in due course. In the interim, please contact conference@cilj.co.uk with any questions or concerns.

New Issue: Archiv des Völkerrechts

The latest issue of Archiv des Völkerrechts (Vol. 55, no. 3, September 2017) is out. Contents include:
  • Abhandlungen
    • Karsten Nowrot & Emily Sipiorski, Competing Narratives of Global (De-)Constitutionalization in International Investment Law: Identifying Narrators and the Stories They Tell
    • Eckart Klein, Zum (völker-)rechtlichen Unter- und Hintergrund von Menschenrechtsverträgen – Gibt es ein menschenrechtliches corpus iuris? –
  • Beiträge und Berichte
    • Marten Breuer, Das Rechtsfolgenregime des diplomatischen Schutzes unter dem Einfluss der Menschenrechte
    • Shu-Perng Hwang, Trägt die (begrenzte) Völkerrechtsfreundlichkeit als Verfassungsprinzip zum Ausgleich zwischen internationaler Zusammenarbeit und nationaler Souveränität bei?

Saturday, November 4, 2017

Call for Papers: Transcendent Principles and Pluralism in International Law: The Complex, the Simple, and the Universal

The Interest Group on International Legal Theory and Philosophy of the European Society of International Law has issued a call for papers for a workshop on the occasion of the 2018 ESIL Annual Conference. The theme is: "Transcendent Principles and Pluralism in International Law: The Complex, the Simple, and the Universal." Here's the call:

Call for papers

2018 ESIL Annual Conference
Interest Group on International Legal Theory and Philosophy

Transcendent principles and pluralism in international law: the complex, the simple, and the universal

Theorists and philosophers disagree on the universalising nature of principles to regulate conduct at the international level. Ideas of an international society of states or of any international legal order may presuppose universalism of what might be thought of as ‘firstorder’ principles (e.g. the good; right; justice; sovereignty; sovereign equality; peaceful coexistence; prohibition of the use of force). The search for transcendent, non-dogmatic principles, which are not hostile to pluralism, may allow for common ground to emerge (no matter how rudimentary) to support mutual exchange, interaction, and coexistence. There may well be significant consensus around ‘first-order’ principles, although consensus may conceal conformity or hegemony. In any event the interpretation and application of such principles are contested. Such contestation may even be virtuous in itself; contestation may be a tool for strengthening solidarity. Hence a focus on universalism problematised promises to open up important debates in contemporary international legal theory and philosophy.

Multiplicity of claims and contested interpretations are evident in what might be called ‘second-order’ transcendent principles based on the worldviews of states (e.g. mixed or neo-liberal economies; prioritisation of civil liberties or basic guarantees to housing, education, and sanitation). With these considerations in mind, the universalising enterprise of international law is perhaps too readily accepting of the need for a common ground with insufficient critique of transcendent principles. This may lead to the avoidance of complexity and to a false simplicity in the development of international law. Examples of the latter might include the reduction of international law to the protection of individuals or to the protection of peoples. A differentiation between ‘first-order’ and ‘second-order’ principles, and a better appreciation of the contestations involved, may assist with this critical project.

With this call, the newly relaunched ESIL Interest Group on International Legal Theory and Philosophy (IGILTP) aims to facilitate dialogue and the exploration of counter-positions between theoretical and philosophical approaches on transcendent principles, on their impact on pluralism in international law and on alternative formulations that recognise but challenge the sway of the universal. Topics for discussion may include:

  • 20th century positivism, state consent and the problem of the international community
  • Natural law conceptions of a community of interests
  • The relationships between realism and pluralism
  • Oppenheim’s family of nations bound by common interests
  • Pluralism in Critical Legal Theory
  • Schmitt’s notion of false universalism
  • Solidarity and pluralism
  • Cosmopolitan global ethics
  • Morality and international law
  • Utilitarian conceptions of individual flourishing and international law
  • Collective rights and pluralism in international law
  • Kantian transcendental philosophy
  • The existence, content, and contestedness of ‘first-order’ and ‘second-order’ transcendent principles (e.g. rule of law; legality; neutrality; peaceful coexistence; sovereignty; self-determination)
  • The impact of transcendent principles (e.g. oversimplification of international law at the expense of pluralism; accommodation and reflection of pluralism; complementarity between transcendent principles and pluralism)
  • The role of transcendent principles in international institutions (e.g. procedural and substantive rule of law; ‘pragmatic human rights’ dialogue between claimants and institutions)
Submission procedure

Abstracts no longer than 500 words together with a short author bio (no longer than 250 words containing name, affiliation, email and phone contact details, and relevant publications) should be submitted via email by 31 December 2017 to ulgeno@hotmail.co.uk and john.morss@deakin.edu.au.

Successful applicants will be informed no later than 15 April 2018.

Full papers should be submitted via email by 15 July 2018 to ulgeno@hotmail.co.uk and john.morss@deakin.edu.au.

Friday, November 3, 2017

New Issue: African Journal of International Criminal Justice

The latest issue of the African Journal of International Criminal Justice (2016, nos. 1-2) is out. Contents include:
  • Brendon J. Cannon, Dominic R. Pkalya & Bosire Maragia, The International Criminal Court and Africa: Contextualizing the Anti-ICC Narrative
  • Ato Kwamena Onoma, An Epochal Bifurcation: The International Criminal Court, the African Court and the Struggle against Gross Human Rights Abuses
  • Michael Imran Kanu, The Fight against Corruption in Sierra Leone: Challenges and Opportunities in the Jurisprudence
  • Manuel J. Ventura, The Prosecution of Corporations before a Hybrid International Criminal Tribunal: The New TV and Akhbar Beirut Contempt Jurisdiction Decisions of the Special Tribunal for Lebanon

Ahmed: The Nature and Enforcement of Choice of Court Agreements: A Comparative Study

Mukarrum Ahmed (Lancaster Univ. - Law) has published The Nature and Enforcement of Choice of Court Agreements: A Comparative Study (Hart Publishing 2017). Here's the abstract:
This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.