Sunday, September 24, 2017

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 17, no. 5, October 2017) is out. Contents include:
  • Gurdial Singh Nijar, Sélim Louafi, & Eric W. Welch, The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges
  • Till Pistorius, Sabine Reinecke, & Astrid Carrapatoso, A historical institutionalist view on merging LULUCF and REDD+ in a post-2020 climate agreement
  • Caleb Gallemore, Transaction costs in the evolution of transnational polycentric governance
  • Piero Morseletto, Frank Biermann, & Philipp Pattberg, Governing by targets: reductio ad unum and evolution of the two-degree climate target
  • Lei Xie & Shaofeng Jia, Diplomatic water cooperation: the case of Sino-India dispute over Brahmaputra
  • Adelaide Glover & Heike Schroeder, Legitimacy in REDD+ governance in Indonesia
  • S. Yu, E. C. van Ierland, H.-P. Weikard, & X. Zhu, Nash bargaining solutions for international climate agreements under different sets of bargaining weights
  • Irene Alvarado-Quesada & Hans-Peter Weikard, International Environmental Agreements for biodiversity conservation: a game-theoretic analysis

Saturday, September 23, 2017

New Issue: International Relations

The latest issue of International Relations (Vol. 31, no. 3, September 2017) is out. Contents include:
  • William Bain & Terry Nardin, International relations and intellectual history
  • Chris Brown, Political Thought, International Relations theory and International Political Theory: an interpretation
  • Ian Hall, The history of international thought and International Relations theory: from context to interpretation
  • Richard Devetak, ‘The battle is all there is’: philosophy and history in International Relations theory
  • Jennifer Pitts, International relations and the critical history of International Law
  • Sinja Graf, ‘A wrong done to mankind’: colonial perspectives on the notion of universal crime
  • David C Hendrickson, American diplomatic history and international thought: a constitutional perspective
  • Edward Keene, International intellectual history and International Relations: contexts, canons and mediocrities
  • Terry Nardin, Kant’s republican theory of justice and international relations

Lobba & Mariniello: Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals

Paolo Lobba (Univ. of Bologna) & Triestino Mariniello (Edge Hill Univ.) have published Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals (Brill | Nijhoff 2017). Contents include:
  • Paulo Pinto de Albuquerque, Foreword
  • Paolo Lobba & Triestino Mariniello, The Grammar of the Judicial Dialogue between International Criminal Tribunals and the European Court: Introductory Remarks
  • Sergey Vasiliev, Cross-Fertilisation under the Look of Glass: Transjudicial Grammar and Reception of Strasbourg Jurisprudence by International Criminal Tribunals
  • Julia Geneuss, ‘Directory Authority’: Fertilising International Criminal Tribunals’ Human Rights Standards with European Court of Human Rights’ Case Law
  • Christoph Burchard, Judicial Dialogue in Light of Comparative Criminal Law and Justice
  • Volker Nerlich, Article 21 (3) of the ICC Statute: Identifying and Applying ‘Internationally Recognized Human Rights’
  • Christophe Deprez, Article 21(3) of the ICC Statute and ‘Internationally Recognized Human Rights’ as a Source of Mandatory Judicial Dialogue
  • Frauke Sauerwein, Beyond Anecdotal Reference: A Quantitative Assessment of ICTY References to the Jurisprudence of the ECtHR
  • Damien Scalia, The Nulla Poena Sine Lege: A Symptomatic Sign of Interactions between Strasbourg and The Hague
  • Giulio Vanacore, Critical Remarks on the Accessibility/Foreseeability Standard as Applied in International Criminal Justice
  • Alice Riccardi, The Judicial Dialogue between the ECtHR and the ad hoc Tribunals on the Right to Rehabilitation of Offenders
  • Elena Maculan, Judicial Dialogue and the Definition of Torture: The Importation of ICTs from European Jurisprudence
  • Elizabeth Santalla Vargas, Confronting the Divergent Notions of Torture and Other-Ill Treatment under the Rome Statute through the Lens of Cumulative Conviction
  • Yvonne McDermott, Absent Witnesses and the Right to Confrontation: The Influence of the Jurisprudence of the European Court of Human Rights on International Criminal Law
  • Yael Vias Gvirsman, The Special Court for Sierra Leone’s Misapplication of the European Court of Human Rights Case Law on Hearsay Evidence and Corroboration: The Taylor Appeal Judgment and the Al Khawaja and Tahery Case
  • Paolo Caroli, The Interaction between the International Criminal Court and the European Court of Human Rights—The Right to the Truth for Victims of Serious Violations of Human Rights: The Importation of a New Right?
  • Kerstin Braun, Self- or Cross-Fertilisation? Referencing ECtHR Jurisprudence to Justify Victim Participation at the ICC

Job Opening: Watson Institute at Brown University (Postdoctoral Fellows)

The Watson Institute for International and Public Affairs at Brown University has issued a call for applications for its Postdoctoral Fellows Program. The advertisement is here.

Friday, September 22, 2017

d'Aspremont: International Lawyers and Legal Forms: Transatlantic Denials

Jean d'Aspremont (Univ. of Manchester - Law; Sciences Po - Law) has posted International Lawyers and Legal Forms: Transatlantic Denials (in Concepts on International Law in Europe and the United States, Chiara Giorgetti & Guglielmo Verdirame eds., forthcoming). Here's the abstract:

Whilst in a constant quest for the sophistication of their craft, international lawyers relish simplistic repetitive narratives. They continuously represent the world that they inhabit as undergoing cataclysmic changes calling for the intervention of international law, itself portrayed as being in a state of crisis and in need of renewal. It is noteworthy that international lawyers’ simplistic narratives are not limited to the image they want to project about the world and international law. Their simplistic historical narratives also pertain to the way in which they represent themselves as a group of professionals and the configuration thereof. Indeed, when it comes to representing themselves, international lawyers generally indulge in some Manichaeism of sort as they portray their discipline as fractured along very binary lines: the centre versus the periphery, orthodoxy versus self-reflectivity, reform versus rehabilitation, the critical versus the non-critical, the scholars versus the practitioners, the idealists versus the realists, the autonomists versus the pluralists, the unitarians versus the fragmenters, etc.

This chapter grapples with one of these mundane self-representations, namely the narrative that pits formalists against non-formalists and that locates the dividing line between them somewhere in the Atlantic Ocean. It particularly seeks to challenge the common assumption among international lawyers according to which Europeans are more wedded to formalism than their American counterparts who, as the story goes, have successfully emancipated themselves from the straightjackets of legal forms. The following sections thus take issue with this common self-representation whereby the Europeans are the (naive) believers in formalism and the Americans the (realistic) deniers of formalism. Such a narrative, it is argued here, does not do justice to the subtle and complex role ascribed to legal forms on each side of the Atlantic. This chapter accordingly sheds light on the two deceptive dimensions of this common narrative about formalism with the aim of showing that both Europeans and Americans continue to demonstrate attachment to legal forms, the only significant differences between them lying in the way in which they seek to re-invent formalism and the role of legal forms. This chapter ultimately makes the point that both American and European international lawyers live in denial of their continuous engagement with legal forms.

Nuzzo: Tackling Diversity Inside WTO: The GATT Moral Clause after Colombia – Textiles

Silvia Nuzzo (Scuola Superiore Sant'Anna) has published Tackling Diversity Inside WTO: The GATT Moral Clause after Colombia – Textiles (European Journal of Legal Studies, Vol. 10, no. 1, Autumn 2017). Here's the abstract:
After lying dormant for more than five decades, WTO 'public morals' exceptions have been more frequently invoked in recent times. During the last fifteen years, the number of disputes settled through the application of GATT 1994 Art. XX(a) and the homologue GATS Art. XIV has gone from zero to four – and it is likely to keep growing. This could be partially due to WTO expanding membership which facilitates trade connections between countries with different, sometimes opposite cultural and social backgrounds. The interpretation and application of the moral clause entail difficult challenges for WTO Panels and for the Appellate Body (AB). They are called to find a balance not only between trade and non-trade values, but also and most of all between WTO Members' regulatory autonomy and their standard of review. However, WTO case law shows an ongoing struggle to find the best way to accomplish this task. Moving on from the analysis of the Colombia – Textiles dispute, this article will discuss the judicial application of the 'moral clause'. It will compare Colombia – Textiles with the former case law, paying particular attention to some crucial aspects of the AB's legal reasoning in Colombia – Textiles and their potential implications for future case law.

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 32, no. 3, 2017) is out. Contents include:
  • Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2015, Part II and 2016
  • Michael W. Lodge; Kathleen Segerson & Dale Squires, Sharing and Preserving the Resources in the Deep Sea: Challenges for the International Seabed Authority
  • Yoshifumi Tanaka, Reflections on Historic Rights in the South China Sea Arbitration (Merits)
  • Alexander Lott, The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland
  • Ran Guo, China’s Maritime Silk Road Initiative and the Protection of Underwater Cultural Heritage
  • Abdullah Al Arif, Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh: A Critical Analysis
  • Vasco Becker-Weinberg, Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction
  • Gabriela A. Oanta, The European Union’s Reform of Deep-Sea Fisheries in the North-East Atlantic

Wednesday, September 20, 2017

Zhang: China’s Approach in Drafting the Investor–State Arbitration Clause: A Review from the ‘Belt and Road’ Regions’ Perspective

Shu Zhang (Deakin Univ. - Law) has published China’s Approach in Drafting the Investor–State Arbitration Clause: A Review from the ‘Belt and Road’ Regions’ Perspective (Chinese Journal of Comparative Law, Vol. 5, no. 1, pp. 79–109, 2017). Here's the abstract:
Investor–State arbitration (ISA) is now a hot topic in China and among its trade and investment partners. The number of ISA cases is still small, and doubts are still widespread at the policy-making level and among scholars. In particular, the drafting and practice of China’s ISA clauses is not flawless in supporting investors in ISA or in defending their national interests as a host country. This article aims to review the main aspects of China’s approach in drafting ISA clauses in the context of the One Belt, One Road Initiative (OBORI). It reviews ISA clauses in bilateral investment treaties and other international investment agreements between China and the One Belt and One Road (OBOR) region countries and discusses the relevant legal issues and controversies. Issues covered include: different generations of ISA clauses, the scope of arbitrable disputes, applicable law, the choice of arbitration institutions, procedural arrangements, the enforcement of arbitral awards, the impact of transition clauses, and so on. Based on the review and analysis of these issues, divergence is identified in the currently existing ISA clauses between China and the OBOR regions, although some degree of policy convergence can be found in a few of the most recent international investment agreements. It is both a challenge and an opportunity for China to learn from its previous experience with ISA clauses and to integrate its treaty-making approach in the context of the OBORI. A more adaptable Model ISA clause and a more consistent approach to the drafting of ISA clauses would benefit both China and its trade and investment partners.

Job Opening: PluriCourts (Postdoctoral Fellowships)

PluriCourts at the University of Oslo invites applications for up to two 2-year Postdoctoral Fellowships in Political Philosophy or Legal Theory on the legitimacy of International Courts and Tribunals. The advertisement is here.

Roscini: Animals and the Law of Armed Conflict

Marco Roscini (Univ. of Westminster - Law) has posted Animals and the Law of Armed Conflict (Israel Yearbook on Human Rights, Vol. 47, pp. 35-67, 2017). Here's the abstract:
In spite of the wide use of animals for military purposes, the law of armed conflict has almost exclusively focused on the protection of human beings. The present article is the first ever in-depth study of how the law of armed conflict applies to animals and fills a serious gap in the literature. The problem has become of great significance in the light of the public opinion’s increasing sensibility towards animal welfare and the emergence of animal rights theories. The main purposes of this article, then, are to assess whether the existing rules of the law of armed conflict provide adequate protection to animals and to highlight the fault lines in the law. The article distinguishes the general provisions of the law of armed conflict, i.e. those that were not adopted with specific regard to animals but the application of which might restrict the killing and injuring of animals, from the provisions that specifically provide protection to animals. The analysis essentially focuses on the killing and injuring of animals in the conduct of hostilities, and only incidentally refers to the exploitation of natural resources, pillage, and seizure of property in occupied territories.

Ngameni: La diffusion du droit international pénal dans les ordres juridiques africains

Herman Blaise Ngameni has published La diffusion du droit international pénal dans les ordres juridiques africains (L'Harmattan 2017). Here's the abstract:
L'Afrique est le terrain de prédilection du pluralisme juridique qui favorise la juxtaposition de l'ordre juridique moderne et l'ordre juridique traditionnel. L'articulation du droit international pénal avec les ordres juridiques africains est une condition de sa diffusion. Il importe pour les Etats africains de favoriser une coopération effective avec les juridictions pénales internationales qui ne sera possible qu'au sein de régimes politiques démocratiques. Ceci est nécessaire pour un véritable universalisme du droit international pénal.

Call for Papers: Turkey and International Law: History, Present and Future

The Center for Global Public Law at Koç University Law School has issued a call for papers for a workshop on "Turkey and International Law: History, Present and Future." Here's the call:

Call for Papers

‘Turkey and International Law: History, Present and Future’

Date: 14 December Thursday

Koç University, İstanbul

Call for Papers

International law’s encounters with Turkey and Turkey’s encounters with international law have a long-standing and rich history. Ranging from the Ottoman Empire’s history of treaty engagement with the Concert of Europe states to the Treaty of Lausanne that underpins the international legal personality of the Turkish Republic, and from arguably one of the most cited cases of the Permanent Court of International Justice, Lotus/Bozkurt, to the development of the jurisprudence of the European Court of Human Rights through Turkish cases, Turkey is ever present in international law. Yet, scholarship that takes a comprehensive look at international law’s encounter with Turkey and Turkey’s encounter with international law is underdeveloped. This workshop aims to contribute to a better understanding of Turkey’s engagement with international law by asking the ‘Turkey’ question in international law. How has Turkey contributed to international law and how has international law shaped Turkey’s encounters with international relations, law and legal reasoning? Is there a Turkish approach to international law and if so, what are the core features and markers of such an approach?

With this dual research question in mind, Center for Global Public Law of Koç University invites submissions from international law, international history, international relations and domestic law scholars assessing the two-way relationship between Turkey and international law. We therefore encourage paper proposals to address at least one of two interrelated themes below:

A) Turkish approaches to international law: Turkish perspectives on the history, theory, sources, doctrine, branches and teaching of international law (in scholarship, domestic judicial pronouncements and political discourse).

B) Turkey’s role in shaping international law: Turkey's contribution to international custom, treaties and doctrine.

We encourage papers to look beyond specific cases and instead offer theoretical accounts and aggregate perspectives. The workshop also welcomes submissions that focus on a particular historic period of engagement, including engagement during the Ottoman Empire with international law, or papers that focus on a particular branch or field of international law, for example, Turkey’s engagement with international law of the sea, international trade law, international human rights law, international law of state responsibility, or international law on the use of force. The workshop invites papers to develop theoretical takes on the relationship between Turkey and international law. It also encourages inter-disciplinary approaches.

Application Process

We invite submissions of paper abstracts of 500 words alongside a one page brief CV in one single document. The selection process will be based on the relevance of the proposal to the theme of the workshop as outlined above and its scholarly merit. The language of the workshop will be Turkish and English. Please indicate your language preference with respect to delivery.

Applications should be submitted by 1 November 2017 to

All applicants will be notified of the outcome of the selection process by 15 November 2017. Outline of papers are due by 10 December 2017.

Center for Global Public Law will be able to cover one night accomodation in Istanbul, economy air fare for those that do not receive support from their own institutions.

All paper givers are invited to the official workshop dinnner on 14 December 2017, Thursday.

Call for Submissions: The Military Law and the Law of War Review

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre has issued a call for submissions for its upcoming issue (55/2). Here's the call:

The Military Law and the Law of War Review

Call for Papers

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre is a journal specialised in matters of interest for both civilian and military legal advisors as well as legal scholars and academics. Published since 1962, it is among the oldest publications at the international level in the areas of military/security law and the law of war. For decades, the Review has been an important forum of discussion for scholars and practitioners from all over the world.

The Review is published under the auspices of the International Society for Military Law and the Law of War. It features original and challenging articles, case notes, commentaries of the latest legal developments, as well as book reviews. As a distinct trait, it accepts contributions in six languages: English, French, German, Spanish, Italian and Dutch.

For its coming issue (vol. 55/2), the Review’s editorial board welcomes submissions from scholars and practitioners that come within the broader scope of the Review (including military law, law of armed conflict, law on the use of force, as well as international criminal law and human rights law (inasmuch as related to situations of armed conflict)).

The deadline for submission is 15 November 2017.

Submissions should be sent by e-mail to and will be subject to double-blind peer review. Articles should normally not be longer than 15.000 words (footnotes included), although longer pieces may exceptionally be considered. Inquiries as to whether a possible submission comes within the scope of the Review can be sent to the abovementioned e-mail address.

Selected papers will be published online on the Review’s website in advance access (in a non-downloadable and non-printable form) as well as on Hein Online following editing and type-setting. The print version of the issue is scheduled to come out in Spring 2018.

Sikkink: Evidence for Hope: Making Human Rights Work in the 21st Century

Kathryn Sikkink (Harvard Univ. - Kennedy School of Government) has published Evidence for Hope: Making Human Rights Work in the 21st Century (Princeton Univ. Press 2017). Here's the abstract:

Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective.

Attacks on the human rights movement’s credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink’s investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being.

Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

Tuesday, September 19, 2017

Bürli: Third-Party Interventions Before the European Court of Human Rights

Nicole Bürli (World Organisation Against Torture) has published Third-Party Interventions Before the European Court of Human Rights (Intersentia 2017). Here's the abstract:

Over the past decades the European Court of Human Rights has been increasingly engaged in constitutional decision-making. In this time the Court has decided whether abortion, assisted suicide, and surrogate motherhood are human rights. The Court’s judgments therefore do not just affect the parties to a particular case, but individuals, other member states, and often European society at large. Unsurprisingly, a variety of entities such as non-governmental organisations, try to participate in the Court’s proceedings as third-party interveners. Acknowledging a certain public interest in its decision-making, the Court accepted the first intervention in 1979. Since that time, interventions by individuals, member states and non-governmental organisations have increased. Yet despite this long-standing practice, third-party interventions have never been fully theorised.

Third-Party Interventions before the European Court of Human Rights is the first comprehensive and empirical study on third-party interventions before an international court. Analysing all cases between 1979 and 2016 to which an intervention was made the book explores their potential influence on the reasoning and decision-making of the Court. It further argues that there are three different type of intervention playing different roles in the administration of justice: amicus curiae interventions by organisations with a virtual interest in the case which strengthen the Court’s legitimacy in its democratic environment; member state interventions reinforcing state sovereignty; and actual third-party interventions by individuals who are involved in the facts of a case and who are protecting their own legal interests. As a consequence, the book makes a plea for applying distinct admissibility criteria to the different type of interventions as well as a more transparent procedure when accepting and denying interventions.

Frei, Stahl, & Weinke: Human Rights and Humanitarian Intervention: Legitimizing the Use of Force since the 1970s

Norbert Frei (Friedrich-Schiller-Universität Jena - History), Daniel Stahl (Friedrich-Schiller-Universität Jena - History), & Annette Weinke (Friedrich-Schiller-Universität Jena - History) have published Human Rights and Humanitarian Intervention: Legitimizing the Use of Force since the 1970s (Wallstein Verlag 2017). Contents include:
  • Daniel Stahl & Annette Weinke, Intervening in the Name of Human Rights. On the History of an Argument
  • Bronwyn Leebaw, Legitimating Interventions. Humanitarianism and Human Rights
  • Eleanor Davey, The Language of ingérence. Interventionist Debates in France, 1970s – 1990s
  • Jan Eckel, Humanitarian Intervention as Global Governance. Western Governments and Suffering »Others« before and after 1990
  • Julian Bourg, From the Left Bank to Libya. The New Philosophy and Humanitarianism
  • Robert Albro, Culture’s Iron Cage. U.S. Anthropology, Human Rights, and the Recalcitrant Defense Intellectual
  • Matthias Nass, Halabja, Rwanda, Srebrenica. The Media and the Case for Interventionism
  • Andrea Böhm, From Success to Crisis. Human Rights and the Transformation of the Media since the Late Twentieth Century
  • Patricia Daley, Celebrities, Geo-Economics, and Humanitarianism. The Significance of Racialized Hierarchies
  • Fabian Klose, Protecting Universal Rights through Intervention. International Law Debates from the 1930s to the 1980s
  • Oliver Jütersonke, Responsibility to Protect and Tû-Tû Concepts. A Legal-Realist Contribution
  • Gerd Hankel, Claus Kress, & Annette Weinke, The Slow Pace of International Law. A Conversation about the Past and Future of Humanitarian Intervention

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 35, no. 3, 2017) is out. Contents include:
  • Interaction between human rights: 50 years of the Covenants
    • Lauren Neumann & Tara Van Ho, A Tribute to Professor Sir Nigel Rodley, KBE: Reflections on 50 Years of the Covenant on Civil and Political Rights
    • Chiara Macchi, Right to Water and the Threat of Business: Corporate Accountability and the State's Duty to Protect
    • Vito Todeschini, The ICCPR in Armed Conflict: An Appraisal of the Human Rights Committee’s Engagement with International Humanitarian Law
    • Shreya Atrey, Fifty Years On: The Curious Case of Intersectional Discrimination in the ICCPR
    • Elena Abrusci, A Tale of Convergence? Discrimination based on Sexual Orientation in Regional Human Rights Bodies and the Human Rights Committee
    • Eduardo Gill-Pedro & Xavier Groussot, The Duty of Mutual Trust in EU Law and the Duty to Secure Human Rights: Can the EU's Accession to the ECHR Ease the Tension?
  • Other Articles
    • Eric P Tudzi, John T Bugri & Anthony K Danso, Human Rights of Students with Disabilities in Ghana: Accessibility of the University Built Environment
    • Nastassja White, Youth for Human Rights: Rising to the Challenge of New Threats against Rights Advocacy and Institutions

Roberts: Is International Law International?

Anthea Roberts (Australian National Univ. - School of Regulation and Global Governance) has published Is International Law International? (Oxford Univ. Press 2017). Here's the abstract:

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality.

Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea.

Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular.

However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

AJIL Unbound Symposium: Global Animal Law (Part I)

AJIL Unbound has posted a symposium on "Global Animal Law (Part I)." The symposium, the first of two parts, includes an introduction by Anne Peters and contributions by Annabel Brett, Anna Becker, Mathilde Cohen, Jérôme de Hemptinne, and Saskia Stucki.

Griller, Obwexer, & Vranes: Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

Stefan Griller (Univ. of Salzburg - Law), Walter Obwexer (Univ. of Innsbruck - Law), & Erich Vranes (Vienna Univ. of Economics and Business - Law) have published Mega-Regional Trade Agreements: CETA, TTIP, and TiSA - New Orientations for EU External Economic Relations (Oxford Univ. Press 2017). Contents include:
  • Stefan Griller, Walter Obwexer, & Erich Vranes, Mega-Regional Agreements: New Orientations for EU External Relations?
  • Ernst-Ulrich Petersmann, CETA, TTIP, and TiSA: New Trends in International Economic Law
  • Erich Vranes, The Contents of CETA, TTIP, and TiSA: The (Envisaged) Trade Disciplines
  • Christian Tietje & Kevin Crow, The Reform of Investment Protection Rules in CETA, TTIP, and other Recent EU-FTAs: Convincing?
  • Stephan Schill, Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals
  • Thomas Cottier, Intellectual Property and Mega-Regional Agreements: Progress and Opportunities Missed
  • Walter Berka, CETA, TTIP, TiSA, and Data Protection
  • Christoph Ohler, CETA, TTIP, TiSA, and Financial Services
  • Lorand Bartels, Human Rights, Labour Standards, and Environmental Standards in CETA
  • Panos Delimatsis, TTIP, CETA, TiSA Behind Closed Doors: Transparency in the EU Trade Policy
  • Stefan Mayr, CETA, TTIP, TiSA, and their Relationship with EU Law
  • Christoph Moser, On the Expected Economic Effects of Trade Liberalisation and the (TTIP)
  • Sonja Puntscher Riekmann, The Struggle for and against Globalisation: International Trade Agreements and the Democratic Question
  • Stefan Griller, Three Salient Issues of the New Comprehensive Free Trade Agreements
  • Verena Madner, A New Generation of Trade Agreements: An Opportunity not to be Missed?
  • Stefan Griller, Walter Obwexer, & Erich Vranes, Conclusions

Monday, September 18, 2017

Call for Papers: 2018 ASIL Annual Meeting "New Voices"

The American Society of International Law has issued a call for papers for at least one "New Voices" session for its 2018 Annual Meeting. Here's the call:

Call for Papers – 2018 ASIL Annual Meeting New Voices

From April 4-7, 2018, the American Society of International Law will convene its 112th Annual Meeting. The theme of the 2018 Meeting is "International Law in Practice." As in the past, the Annual Meeting will include at least one "New Voices" session that will provide a platform for junior scholars and practitioners to present their work.

ASIL invites submissions from non-tenured scholars and junior practitioners on any topic of international law in connection with the Meeting's theme. Those who submitted an abstract as part of the call for session proposals need not re-submit; those abstracts remain under consideration. Abstracts should be well-developed and reflect advanced progress on a paper that will be presented at the Meeting. Final papers will be due by March 26, 2018. Send your abstract to by no later than Monday, October 9, 2017, with the subject line "New Voices Proposal." Please send the abstract as a Microsoft Word attachment, including your name and contact information (email address & affiliation). Abstracts should be no longer than 1000 words. Notifications will be made by the end of October.

Call for Papers: The Political and Legal Theory of International Courts and Tribunals

PluriCourts has issued a call for papers for a workshop on "The Political and Legal Theory of International Courts and Tribunals," to take place June 18-19, 2018, in Oslo. Here's the call:

PluriCourts Workshop:

The political and legal theory of
international courts and tribunals

Oslo, June 18-19, 2018

Call for Papers

PluriCourts announces a workshop that brings together scholars of philosophy, political theory and legal theory who study one or more regional and international courts and tribunals (ICs). States have established manifold regional and international ICs to resolve disputes, interpret treaties, and deter illegal behavior. These ICs cover a range of issues including, human rights, trade, investment, border disputes, and international crimes. ICs’ competences, level of authority, method of interpretation, and geographical reach widely vary. ICs’ increase in number and influence has spawned controversy and complaints, often phrased as charges that they are illegitimate. The workshop aims at clarify the various senses in which they might be illegitimate, and to evaluate such criticism and proposed responses. The workshop welcomes both abstract and practice-focused perspectives on those issues.

We invite papers that address one or more such IC, on such themes as:

  • The appropriate legitimacy standards for ICs from the perspectives of history of ideas and/or contemporary legal and political theory, such as human rights, transparency, or rule of law;
  • Their multilevel separation of authority, and its impact on adjudication;
  • Law and morality in international adjudication;
  • Norm-indeterminacy and international adjudication;
  • Specialization and fragmentation in ICs;
  • ICs and the international rule of law;
  • Independence and accountability of ICs;
  • International judicial review and democracy;
  • IC performance, ranging from securing states’ objectives to global justice;
  • The comparative advantages of ICs;
  • Best practices and models for ICs;
  • IR theory perspectives on ICs.
Some travel grants are available upon request.

About PluriCourts

PluriCourts is a multidisciplinary Centre of Excellence whose overriding research objective is to analyze and assess the legitimate present and future roles of this international judiciary in the global legal order: Why and when are these international courts and tribunals legitimate authorities, whose decisions should enjoy deference by various domestic and international ‘compliance communities’? The PluriCourts Research Plan is available here.


November 1, 2017 Expression of interest with provisional paper title, abstract, travel grant request can be submitted here

December 15, 2017 Decisions on acceptance of proposals and travel grants announced

May 15, 2018 Draft papers due

June 18-19, 2018 Workshop

Sunday, September 17, 2017

Benvenisti & Downs: Between Fragmentation and Democracy: The Role of National and International Courts

Eyal Benvenisti (Univ. of Cambridge & Law) & George W. Downs have published Between Fragmentation and Democracy: The Role of National and International Courts (Cambridge Univ. Press 2017). Here's the abstract:
Between Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.

Saturday, September 16, 2017

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 61, no. 9, October 2017) is out. Contents include:
  • 60th Anniversary Issue
    • Bruce Russett, A History of the Journal of Conflict Resolution
    • Erik Gartzke & Matthew Kroenig, Social Scientific Analysis of Nuclear Weapons: Past Scholarly Successes, Contemporary Challenges, and Future Research Opportunities
    • Todd Sandler, International Peacekeeping Operations: Burden Sharing and Effectiveness
    • Daniel Druckman & James A. Wall, A Treasure Trove of Insights: Sixty Years of JCR Research on Negotiation and Mediation
    • Christopher Gelpi, Democracies in Conflict: The Role of Public Opinion, Political Parties, and the Press in Shaping Security Policy
    • Erica Chenoweth, Evan Perkoski, & Sooyeon Kang, State Repression and Nonviolent Resistance
    • Thomas Zeitzoff, How Social Media Is Changing Conflict
    • Lars-Erik Cederman & Manuel Vogt, Dynamics and Logics of Civil War

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 15, no. 3, July 2017) is out. Contents include:
  • Special Issue: The International Criminal Court’s Policies and Strategies
    • Matthew E. Cross & Antonio Coco, Foreword
    • Carsten Stahn, Damned If You Do, Damned If You Don’t: Challenges and Critiques of Preliminary Examinations at the ICC
    • Anni Pues, Towards the ‘Golden Hour’? A Critical Exploration of the Length of Preliminary Examinations
    • Maria Varaki, Revisiting the ‘Interests of Justice’ Policy Paper
    • Sophie T. Rosenberg, The International Criminal Court in Côte d’Ivoire: Impartiality at Stake?
    • Eliana Teresa Cusato, Beyond Symbolism: Problems and Prospects with Prosecuting Environmental Destruction before the ICC
    • Luigi Prosperi & Jacopo Terrosi, Embracing the ‘Human Factor’: Is There New Impetus at the ICC for Conceiving and Prioritizing Intentional Environmental Harms as Crimes Against Humanity?
    • Nadia Bernaz, An Analysis of the ICC Office of the Prosecutor’s Policy Paper on Case Selection and Prioritization from the Perspective of Business and Human Rights
    • Birju Kotecha, The ICC’s Office of the Prosecutor and the Limits of Performance Indicators
    • Gaelle Carayon & Jonathan O’Donohue, The International Criminal Court’s Strategies in Relation to Victims
    • Antonio Coco & Matthew E. Cross, Epilogue – The ICC on the Yellow Brick Road

Conference: The Trajectories of International Legal Histories

On October 20, 2017, the Leiden Journal of International Law will hold its 30th Anniversary Symposium, in The Hague. The theme is: "The Trajectories of International Legal Histories." The program is here. Here's the idea:

Thirty years ago, the Leiden Journal of International Law was born, at a time when the writing of histories was hardly a popular endeavour for international legal scholars. In his 1987 article ‘Probleme der Völkerrechtsgeschichte’ (‘The Problems of International Legal History’), Heinhard Steiger argued that only very few, ‘mostly authors of the older generation’, were interested in international legal history. Much has changed since that time.

The aim of this symposium is to pay tribute to the remarkable developments within the field, to engage in critical reflection on the directions that it has taken, and to discuss the potential avenues for future research. The symposium will engage with questions of methodology and perspective. We hope that it will encourage further historical work on international law and reveal the new possible ways of its application.

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 111, no. 2, April 2017) is out. Contents include:
  • Articles
    • Jeffrey L. Dunoff & Mark A. Pollack, The Judicial Trilemma
    • Gráinne de Búrca, Human Rights Experimentalism
    • Monica Hakimi, Constructing an International Community
  • Notes and Comments
    • Theodor Meron, The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War
    • J. Samuel Barkin & Yuliya Rashchupkina, Public Goods, Common Pool Resources, and International Law
    • David Bosco, Discretion and State Influence at the International Criminal Court: The Prosecutor's Preliminary Examinations
  • Current Developments
    • Christine Gray, The 2016 Judicial Activity of the International Court of Justice
  • In Memoriam
    • Stephen M. Schwebel, Sir Elihu Lauterpacht (1928–2017)
  • International Decisions
    • Diane Marie Amann, Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament
    • Santiago Diaz-Cediel, Garcia de Borissow and Others v. Supreme Court of Justice – Labor Chamber, Embassy of the Lebanese Republic in Colombia and Embassy of the United States of America in Colombia
    • Eloïse Glucksmann, Commisimpex v. Republic of Congo
    • A.Kh. Abashidze, M.V. Ilyashevich, & A.M. Solntsev, Anchugov & Gladkov v. Russia
    • Ágoston Mohay & Norbert Tóth, Decision 22/2016. (XII. 5.) AB on the Interpretation of Article E)(2) of the Fundamental Law
  • 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
    • Kevin L. Cope & Mila Versteeg, The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence
    • Donald McRae, reviewing Transnational Legal Orders. edited by Terence C. Halliday and Gregory Shaffer
    • Steven R. Ratner, reviewing Compliant Rebels: Rebel Groups and International Law in World Politics, by Hyeran Jo
    • Tom Farer, reviewing Sovereignty: The Origin and Future of a Political and Legal Concept, by Dieter Grimm
    • David Scheffer, reviewing East West Street: On the Origins of “Genocide” and “Crimes Against Humanity”, by Philippe Sands
    • William R. (Bill) Mansfield, reviewing Whaling and International Law, by Malgosia Fitzmaurice

Friday, September 15, 2017

Conference: Institutions and International Law in Eastern Europe

On September 28-29, 2017, the Leibniz-Institut für Geschichte und Kultur des östlichen Europa (GWZO) will hold a conference on "Institutions and International Law in Eastern Europe," in Leipzig. The program is here. Here's the idea:

International law is enjoying increasing popularity among historians of global and interna-tional affairs, due to a re-reading of legal norms and rules that questions a state-centered approach. Instead of seeing law as an outcome of state behavior, recent scholarship has ex-amined the transnational character of law and legal communities, and the oftentimes com-plex negotiation processes that precede the codification and subsequent ratification of in-ternational conventions. This perspective aligns with the focus on border-crossing relations and on professional and nonstate actors and institutions that has become essential to global and international history. Moreover, connections forged between the history of internation-al law and discussions of the limits of legal universalism have increased the legal dimension’s relevance for historians of empire and decolonization. Encircling notions of hegemony, im-perialism, and civilization, and scrutinizing the role of international law in imperial and civiliz-ing missions, this strand of research has given rise to regional histories of international law. Scholars have begun to explore the relationship between legal and regional developments by asking how international law has been tailored to serve specific regional interests, prob-lems, or conflicts. This approach complements the focus on the law’s imperial bias and acknowledges the entanglement of legal and political agendas while also emphasizing the agency of regional actors. It also concedes that regional appropriations of international law could serve these actors’ own agendas or be a vehicle for emancipation.

The conference unites research on the history of international law with studies on Eastern Europe to investigate the controversial role of international law in the complex and conten-tious reordering of the region since the Congress of Vienna. The conference proposes that the extraordinary density of political, social and ethnic conflicts and the decades-long strug-gles over territorial boundaries in Eastern Europe have left clear traces in international law. More specifically, it addresses these issues through the lens of international institutions, which offer a starting point from which to identify topics; single out involved states, groups, and transnational actors from East Central and Eastern Europe; and reveal how regional con-stellations were universalized in the process of negotiating and implementing international norms and rules.

Call for Submissions: Journal of Territorial and Maritime Studies

The Journal of Territorial and Maritime Studies has issued a call for submissions for its forthcoming issue. Here's the call:

JTMS Winter/Spring 2018 Issue Call for Papers

The Journal of Territorial and Maritime Studies (JTMS) is soliciting submissions for its Winter/Spring 2018 issue. In the interest of increasing submissions, JTMS is offering authors of articles successfully passing peer review and selected for publication in the Winter/Spring 2018 issue an honorarium of $1000. JTMS is an interdisciplinary Journal of research on territorial and maritime issues sponsored by the Northeast Asia History Foundation with editorial offices hosted by Yonsei University in South Korea. The Journal provides an academic medium for the announcement and dissemination of research results the fields of history, international law, international relations, geography, peace studies, and any other relevant discipline. The journal covers all continental areas across the world, and it discusses any territorial and maritime subjects through the various research methods from different perspectives; moreover, practical studies as well as theoretical works, which contribute to a better understanding of territorial and maritime issues, are encouraged.

Manuscript should be submitted electronically to . Submitted papers should include four major sections: the title page, structured abstract, main body, and references. The title page should contain the title of the paper, the authors name, the institutional affiliation and keywords. Manuscripts should follow the JTMS style guide available on our website. A length of maximum 9,000 words is preferred for an article, including endnotes, and approximately 2,000 words for a review. Submissions wishing to be considered for the Winter/Spring issue must submit their manuscripts by no later than October 1st, 2017. Inquiries may be sent via the email address provided above.

Our style guide and other journal information may be found on our website.

Call for Nominations: ASIL WILIG’s Prominent Women in International Law Award

The Women in International Law Interest Group of the American Society of International Law invites nominations for the Prominent Women in International Law Award for 2018. Here's the call:


WILIG’s Prominent Women in International Law Award, 2018

The Women in International Law Interest Group of ASIL invites nominations for the Prominent Women in International Law Award. 2018 marks the 25th year that the award is being given, and in honor of this milestone, WILIG has determined to formalize the nomination process through this call for nominees.

The WILIG Prominent Women in International Law Award honors those who have advanced women, gender, and women’s rights in international law.

The diverse accomplishments of previous awardees demonstrate the multiple ways in which honorees achieve this feat. Awardees have included: Justices on the ICJ and International Criminal Tribunals, founders of women’s rights NGOs, business leaders, government officials, and scholars. Some of these women have broken glass ceilings in the field, while others have worked tirelessly to promote women and women’s voices in international law, and still others contribute substantively to advancing, researching, or advocating for women’s rights.

Please submit letters of nomination for a Prominent Woman in International Law who meets some or all of the following criteria:

  • Employs international law to advance women and women’s rights -- awardees need not be attorneys, though most are;
  • Breaks through glass ceilings for women in international law;
  • Promotes women and women’s voices in the field;
  • Contributes substantively to advancing, researching, advocating for, or promoting women’s rights and/or gender justice;
  • Is considered prominent in the field of international law – or whose accomplishments merit further recognition through this prestigious award.
Letters of nomination should be addressed to WILIG’s Co-Chairs, Tracy Roosevelt and Shana Tabak, and should be submitted by October 30, 2017 to Any supporting documentation in addition to the nomination letter is welcome; please submit all information in one PDF document titled with the nominee’s name and “PWIL Award.”

Scalara: Negotiating Membership in the WTO and EU

Jamie E. Scalera (Georgia Southern Univ. - Political Science and International Studies) has published Negotiating Membership in the WTO and EU (Routledge 2017). Here's the abstract:
With the accession of Afghanistan in 2016, the World Trade Organization (WTO) numbered 164 members with nineteen other states in line to join. The WTO is certainly not alone in its growth though; the Organization for Economic Cooperation and Development (OECD), the North Atlantic Treaty Organization (NATO), and the European Union (EU) are all expanding with dozens of states continuing to negotiate their potential membership. What impact does membership in international organizations really have? Why do some states have a seemingly easy path to joining international organizations while others find the process nearly impossible? What implications do these difficult accession processes have on the domestic and international politics of the acceding states? The author presents the two-level theory of accession, which highlights factors at the domestic level and international organization level, to explain how accession processes in the WTO and EU vary from state to state and the impact of these variations. In so doing, this book provides a unique perspective on the topic of membership in international organizations.

Smet & Brems: When Human Rights Clash at the European Court of Human Rights

Stijn Smet (Univ. of Melbourne - Law) & Eva Brems (Ghent Univ. - Law) have published When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (Oxford Univ. Press 2017). Contents include:
  • Stijn Smet, Introduction - Conflicts of Rights in Theoretical and Comparative Perspective
  • Samantha Besson, Human Rights in Relation - A Critical Reading of the ECtHR's Approach to Conflicts of Rights
  • Stijn Smet, Conflicts between Human Rights and the ECtHR: Towards a Structured Balancing Test
  • Sébastien Van Drooghenbroeck, Conflict and Consent: Does the Theory of Waiver of Fundamental Rights Offer Solutions to Settle Their Conflicts?
  • Eva Brems, Evans v UK: Three Grounds for Ruling Differently
  • Lorenzo Zucca, The Comedy of Mrs Evans
  • Dolores Morondo Taramundi, To Discriminate in order to Fight Discrimination: Paradox or Abuse?
  • Russell Sandberg, The Future of Religious Freedom
  • Dirk Voorhoof, Freedom of Expression versus Privacy and the Right to Reputation
  • Leto Cariolou, Circumnavigating the Conflict Between the Right to Reputation and the Right to Freedom of Expression
  • Javier Martínez-Torrón, Fernández Martínez v Spain: An Unclear Intersection of Rights
  • Ian Leigh, Reversibility, Proportionality, and Conflicting Rights: Fernández Martínez v Spain
  • Eva Brems, Conclusion - Conflicting Views on Conflicting Rights

Peters: The Rise and Decline of the International Rule of Law and the Job of Scholars

Anne Peters (Max Planck Institute for Comparative Public Law and International Law) has posted The Rise and Decline of the International Rule of Law and the Job of Scholars (in The International Rule of Law: Rise or Decline?, Heike Krieger, Georg Nolte, & Andreas Zimmermann eds., forthcoming). Here's the abstract:
International law feeds on preconditions which it cannot guarantee itself. International scholarship, too, must come to grips with pre-conditions and existing parameters over which it has no control itself. But such scholarship must not ‘succumb’ to these factual and ideational realities by adapting its methods and findings to any given political, social, and economic climate. It is the job of international legal scholars to produce ideas in a spirit of realist utopianism (John Rawls). Depending on the existing parameters, these ideas are apt to shape attitudes and actions, or not. Such scholarship also needs to distance itself from its object of study in order not to lose its capacity to criticise the law and the practice. How far exactly scholarly writing should transcend or keep aloof from the prevailing political climate and from concerns of feasibility depends on the research questions under discussion and is a matter of judgment. The style of scholarship suggested here is illustrated by the work of three eminent scholars whose careers continued through different political eras more or less favourable to the international rule of law: Hersch Lauterpacht, Antonio Cassese, and Josef Kunz.

Thursday, September 14, 2017

d'Aspremont: The Control Over Knowledge by International Courts and Arbitral Tribunals

Jean d'Aspremont (Univ. of Manchester - Law; Sciences Po - Law) has posted The Control Over Knowledge by International Courts and Arbitral Tribunals (in The Oxford Handbook of International Arbitration, Thomas Schultz & Federico Ortino eds., forthcoming). Here's the abstract:
This chapter constitutes a heuristic exercise meant to re-imagine international courts and arbitral tribunals as bureaucratic bodies controlling the social reality created by the definitional categories of international law. It primarily claims that, in performing their wide variety of functions, international courts and arbitral tribunals, not only make use of the social reality created by international law, but also exert control over it. This control over the social reality created by the definitional categories of international law is approached as a form of control over knowledge and, it is argued, constitutes a feature of bureaucratic processes. In contending that international courts and arbitral tribunals control knowledge in this way, this chapter projects an image of international dispute resolution processes as bureaucratic sites where power is exercised. By virtue of this specific representation of international courts and arbitral tribunals as bureaucratic bodies controlling knowledge, this chapter challenges some common representations of international courts and arbitral tribunals as resorting to some pre-existing knowledge and accordingly sheds light on the extent to which international courts and arbitral tribunals define social reality and the problems in which they intervene. This chapter ultimately aims at providing new perspectives on the power exercised by international courts and arbitral tribunals, while also inviting international lawyers to reflect on the extent to which the knowledge they rely on to manage the world is controlled by international courts and arbitral tribunals.

Wednesday, September 13, 2017

Workshop: International Human Rights and Freedom: Possibilities, Epistemologies, Legacies and Alternatives

On October 31-November 1, 2017, the International State Crime Initiative and the Centre for Law and Society in a Global Context, Queen Mary University of London will hold a workshop on "International Human Rights and Freedom: Possibilities, Epistemologies, Legacies and Alternatives." The program is here. Here's the idea:

We are delighted to present a two-day workshop that examines critiques of human rights and looks at possible alternative routes to emancipation and progressive politics. We warmly invite interested scholars at all stages in their career and from any discipline to join us. Extensive critiques of International human rights (IHR) by critical legal scholars - especially feminists and postcolonial theorists – have called into question its worth as a path to human freedom and progressive politics. As a facet of liberal freedom and justice at the global level, human rights have been discredited as part of an Enlightenment project that is neither inclusive nor non-violent and which compels a specific way to be and be free in the world. Encounters with the world’s `Others’ - particularly well-meaning missions to save them - expose the gender, cultural, racial and religious norms on which rescue projects are based and the discomfort caused by these encounters often ends in epistemicide (de Santos) – the destruction of non-liberal/alternate epistemologies.

From this starting point, the workshop seeks to start four conversations. The first interrogates our own assumptions; are the possibilities of human rights really exhausted as a path to freedom? The second grapples with the violence of Enlightenment epistemologies. The third panel draws historical work on the colonial past of human rights into the present moment by thinking about its legacy. The final panel attempts to move beyond the liberal imaginary to rethink freedom - if human rights are not the key to human freedom, what is?

The workshop brings together a host of academics from a range of social science and humanities backgrounds. In taking human rights and freedom as our subject matter at a time of deep suspicion of others in the West, we seek to contribute to a broader conversation about critique and what lies beyond it.

Job Opening: NUS Centre for International Law (Research Associate/Research Assistant)

The Centre for International Law at the National University of Singapore is inviting applications for the position of Research Associate/Research Assistant in the Investment Law and Policy Programme. The advertisement is here.

Workshop: ASIL Dispute Resolution Interest Group Works-in-Progress Workshop

On November 10, 2017, the Dispute Resolution Interest Group of the American Society of International Law and the Lewis & Clark Law School will hold a works-in-progress workshop on international dispute resolution. The program is here.

Shucksmith: The International Committee of the Red Cross and its Mandate to Protect and Assist

Christy Shucksmith (Univ. of Lincoln - Law) has published The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice (Hart Publishing 2017). Here's the abstract:

The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo.

Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.

Andreone: The Future of the Law of the Sea

Gemma Andreone (Italian National Research Council - Institute of International Legal Studies) has published The Future of the Law of the Sea: Bridging Gaps Between National, Individual and Common Interests (Springer 2017). Contents include:
  • Sarra Sefrioui, Adapting to Sea Level Rise: A Law of the Sea Perspective
  • José Manuel Sobrino & Marta Sobrido, The Common Fisheries Policy: A Difficult Compromise Between Relative Stability and the Discard Ban
  • Gabriela A.Oanta, Some Recent Questions Regarding the European Union’s Public Access Fisheries Agreements
  • Marta Chantal Ribeiro, The Protection of Biodiversity in the Framework of the Common Fisheries Policy: What Room for the Shared Competence?
  • Emmanuella Doussis, Marine Scientific Research: Taking Stock and Looking Ahead
  • Kamrul Hossain & Kathleen Morris, Protecting Arctic Ocean Marine Biodiversity in the Area Beyond National Jurisdiction
  • Enrique J. Martínez Pérez, The Environmental Legal Framework for the Development of Blue Energy in Europe
  • Montserrat Abad Castelos, The Black Sea and Blue Energy: Challenges, Opportunities and the Role of the European Union
  • Giorgia Bevilacqua, Exploring the Ambiguity of Operation Sophia Between Military and Search and Rescue Activities
  • Jasenko Marin, Mišo Mudrić, & Robert Mikac, Private Maritime Security Contractors and Use of Lethal Force in Maritime Domain
  • Magne Frostad, United Nations Authorized Embargos and Maritime Interdiction: A Special Focus on Somalia
  • Pirjo Kleemola-Juntunen, The Right of Innocent Passage: The Challenge of the Proliferation Security Initiative and the Implications for the Territorial Waters of the Åland Islands

Ravasi: Human Rights Protection by the ECtHR and the ECJ

Elisa Ravasi has published Human Rights Protection by the ECtHR and the ECJ: A Comparative Analysis in Light of the Equivalency Doctrine (Brill | Nijhoff 2017). Here's the abstract:
In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 30, no. 3, September 2017) is out. Contents include:
  • Editorial
    • Jason Morgan-Foster, Giulia Pinzauti, & Philippa Webb, The International Court of Justice in the Leiden Journal: A Retrospective
  • International Legal Theory
    • Salvatore Caserta, Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean
  • International Law and Practice
    • Guy Harpaz, The EU’s New Approach to the Two-State Solution in the Israeli-Palestinian Conflict: A Paradigm Shift or PR Exercise?
    • Amy Strecker, Indigenous Land Rights and Caribbean Reparations Discourse
    • Yen-Chiang Chang, How Does the Amicus Curiae Submission Affect a Tribunal Decision?
  • Hague International Tribunals: International Court of Justice
    • Sergey M. Punzhin, Procedural Normative System of the International Court of Justice
  • International Criminal Courts and Tribunals
    • Rachel Killean, Eithne Dowds & Amanda Kramer, Soldiers as Victims at the ECCC: Exploring the Concept of ‘Civilian’ in Crimes against Humanity
    • Caitlin Lambert, Environmental Destruction in Ecuador: Crimes Against Humanity Under the Rome Statute?
    • Talita de Souza Dias, ‘Interests of justice’: Defining the scope of Prosecutorial discretion in Article 53(1)(c) and (2)(c) of the Rome Statute of the International Criminal Court
    • Philipp Kastner, Transitional Justice + Cyberjustice = Justice2?

Cremona, Thies, & Wessel: The European Union and International Dispute Settlement

Marise Cremona (European Univ. Institute), Anne Thies (Univ. of Reading - Law), & Ramses A Wessel (Univ. of Twente - Law) have published The European Union and International Dispute Settlement (Hart Publishing 2017). Contents include:
  • Marise Cremona, Anne Thies & Ramses A Wessel, Introduction
  • Christophe Hillion & Ramses A Wessel, The European Union and International Dispute Settlement: Mapping Principles and Conditions
  • Esa Paasivirta, European Union and Dispute Settlement: Managing Proliferation and Fragmentation
  • Danae Azaria, The European Union's Contribution to the Law on Standing and Jurisdiction in International Dispute Settlement
  • Catharine Titi, Aspects of the EU's Responsibility in International Investment Disputes
  • Niilo Jääskinen & Alicja Sikora, The Exclusive Jurisdiction of the Court of Justice of the European Union and the Unity of the EU Legal Order
  • Tobias Lock, The Not So Free Choice of EU Member States in International Dispute Settlement
  • Anne Thies, European Union Member States and State–State Arbitration: What's Left?
  • Christina Eckes, International Rulings and the EU Legal Order: Autonomy as Legitimacy?
  • Andrés Delgado Casteleiro, The Effects of International Dispute Settlement Decisions in EU Law
  • Ernst-Ulrich Petersmann, The Position of European Citizens in International Dispute Settlement
  • Gracia Marín Durán, The EU and its Member States in WTO Dispute Settlement: A 'Competence Model' or a Case Apart for Managing International Responsibility?
  • Aurora Plomer, The Unitary Patent and Unified Patent Court: Past, Present and Future

Steinl: Child Soldiers as Agents of War and Peace

Leonie Steinl (Humboldt-Universität zu Berlin - Law) has published Child Soldiers as Agents of War and Peace - A Restorative Transitional Justice Approach to Accountability for Crimes Under International Law (Asser Press 2017). Here's the abstract:

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims.

While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice.

Tuesday, September 12, 2017

Conference: Global Currents in International Investment Law

On November 2, 2017, the Centre for International Law at the National University of Singapore will hold a conference on "Global Currents in International Investment Law." The program is here. Here's the idea:

What do recent international developments and the current political climate mean for the investment treaty world now and in the future? This conference will examine this question: first looking at developments in the past year, then turning to current issues in arbitration, and concluding with a discussion on the impact of global currents on international trade and investment agreements now and in the future.

New Issue: Review of International Political Economy

The latest issue of the Review of International Political Economy (Vol. 24, no. 5, 2017) is out. Contents include:
  • Erin Hannah, Holly Ryan & James Scott, Power, knowledge and resistance: between co-optation and revolution in global trade
  • Susan Park, Accountability as justice for the Multilateral Development Banks? Borrower opposition and bank avoidance to US power and influence
  • Steffen Murau, Shadow money and the public money supply: the impact of the 2007–2009 financial crisis on the monetary system
  • Eivind Thomassen, Translating central bank independence into Norwegian: central bankers and the diffusion of central bank independence to Norway in the 1990s
  • Matthew J. Baltz, Institutionalizing neoliberalism: CFIUS and the governance of inward foreign direct investment in the United States since 1975
  • Ruben Gonzalez-Vicente, South–South relations under world market capitalism: the state and the elusive promise of national development in the China–Ecuador resource-development nexus
  • Philipp Heimberger & Jakob Kapeller, The performativity of potential output: pro-cyclicality and path dependency in coordinating European fiscal policies

New Issue: Revue de Droit International et de Droit Comparé

The latest issue of the Revue de Droit International et de Droit Comparé (Vol. 94, no. 3, 2017) is out. Contents include:
  • J.S. Mbogning, Le livre I du Nouveau Code pénal camerounais : entre conservatisme et modernisation
  • F. Bouhon, L’(ir)responsabilité du pouvoir judiciaire : fondement et mise à l’épreuve de l’immunité judiciaire en droits québécois et belge
  • T. Garcia, Règlement des différends juridictionnels et respect des règles procédurales fondamentales à l’OMC
  • C.I. Nagy, Est-ce que l’Union européenne devrait avoir le pouvoir de forcer les états membres à respecter les droits de l’homme ? Une analyse prospective relative à l’application de la charte des droits fondamentaux aux états membres

Conference: New International Order in an Isolationist World

On September 22-23, 2017, the ILA British Branch will hold its annual conference, in London. The theme is: "New International Order in an Isolationist World." The program is here. Here's the idea:

The conference theme New International Order in an Isolationist World will address the pressing challenges faced by international law in the political and economic climate prevailing in many regions of the world.

These include the challenges caused by rising populism in Europe and North America and reactions against free trade and economic interdependence, manifested most obviously in the Brexit referendum and policies advocated by President Trump, the changing foreign policies of many countries towards military and diplomatic intervention in politically unstable regions and the flows of refugees into Europe, the role of international criminal law in the modern world along with the challenges faced by the International Criminal Court, and the increased scrutiny of the legitimacy of investment treaty arbitration, whether as a standalone system or as an aspect of mixed trade and investment agreements.

The conference will include six panels covering the following topics: peace and security; human rights and international humanitarian law; international trade law; international investment law; regionalism; and accountability and remedies under international law, and will include selected speakers drawn from private practice, the public sector and academia in order to incorporate diverse perspectives, both theoretical and practical, on the conference theme.

Anaya & Puig: Mitigating State Sovereignty: The Duty to Consult with Indigenous Peoples

S. James Anaya (Univ. of Colorado - Law) & Sergio Puig (Univ. of Arizona - Law) have posted Mitigating State Sovereignty: The Duty to Consult with Indigenous Peoples (Univ. of Toronto Law Journal, forthcoming). Here's the abstract:
Few areas of international law practice illustrate the tensions between business and human rights as the implementation of the duty to consult with indigenous peoples. Consultations give indigenous and tribal peoples a safeguard for protection of their rights when confronted by the decisions of governments and business enterprises that may directly affect them. While states, non-governmental organizations (NGOs), and corporations start to rely on, and to take, this duty seriously, states struggle with tailoring adequate processes, NGOs often argue that the duty provides indigenous peoples with an absolute right to give or withhold consent, and corporations use different strategies to limit the scope of consultations. Based on two case studies in Latin America, we identify divergent positions on the duty to consult – positions we call instrumentalist, consent-or-veto power, and minimalist – and we explain the main elements of each of these positions. After clarifying common imprecisions, we argue for an approach centred on the human rights of indigenous peoples to reconcile this divergent conceptualization of the duty by different stakeholders. Finally, we argue for reinforcing indigenous peoples’ rights with mechanisms for specific safeguards and direct participation in benefits, drawing on the United Nation’s ‘protect, respect, and remedy’ framework, to mitigate the adverse consequences of the existing distribution of sovereign power as predicated by Patrick Macklem’s influential work.

Collins: The Slipperiness of 'Global Law'

Richard Collins (Univ. College Dublin - Law) has published The Slipperiness of 'Global Law' (Oxford Journal of Legal Studies, Vol. 37, no. 3, pp. 714–739, Autumn 2017). Here's the abstract:
What is ‘global law’? What is specifically global and specifically legal about global law? Is it even coherent to define law by reference to its ‘globality’? These are just some of the questions taken up by Neil Walker in his new book, Intimations of Global Law. In this review essay, I engage critically with Walker’s response to these and other questions. Whilst I believe that Walker’s mapping of different ‘species’ of global law is useful and informative in revealing a ‘state of the art’ of globalising legal trends, his effort to draw these various and not necessarily commensurate species together into a coherent meta-theorisation of global law is, I believe, far less convincing. Walker’s conceptualisation of global law is self-defined by reference to its openness, its intimated quality and its ‘adjectival’ categorisation—characteristics that leave the concept of global law somewhat ‘slippery’ and malleable to the point of its non-utility in actually helping to guide law’s direction, resolve normative disputes or remedy apparent accountability deficits and injustices at the global level.

Akhavan: In Search of a Better World

Payam Akhavan (McGill Univ. - Law) has published In Search of a Better World (Anansi 2017). Here's the abstract:
In February of 2017, Amnesty International released their Annual Report for 2016 to 2017, concluding that the “us versus them” rhetoric increasingly employed by politicians is endangering human rights the world over. Renowned UN prosecutor and human rights scholar Payam Akhavan has encountered the grim realities of contemporary genocide throughout his life and career. He argues that deceptive utopias, political cynicism, and public apathy have given rise to major human rights abuses: from the religious persecution of Iranian Bahá’ís that shaped his personal life, to the horrors of ethnic cleansing in Yugoslavia, the genocide in Rwanda, and the rise of contemporary phenomena such as the Islamic State. But he also reflects on the inspiring resilience of the human spirit and the reality of our inextricable interdependence to liberate us, whether from hateful ideologies that deny the humanity of others or an empty consumerist culture that worships greed and self-indulgence.