Limenta: WTO Retaliation: Effectiveness and Purposes

Michelle Limenta (Universitas Pelita Harapan - Center for International Trade and Investment) has published WTO Retaliation: Effectiveness and Purposes (Hart Publishing 2017). Here's the abstract:

The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

Conference: What's Next for Human Rights Scholarship?

Tomorrow through Saturday, March 31-April 1, 2017, the University of Virginia will hold a conference on "What's Next for Human Rights Scholarship?" The program is here.

ASIL: 100 Days - A Live Online Briefing Series - The Future of Environmental Agreements

As noted previously, the American Society of International Law is sponsoring "100 Days - A Live Online Briefing Series." The fourth session - on "The Future of Environmental Agreements" - is scheduled for Wednesday, April 5, 2017. Here's the idea:

Over the past several decades, international organizations and nation-states have entered into agreements of various kinds to mitigate environmental harms, including air and water pollution, the collapsing ocean ecosystem, vanishing forests and habitat, species extinction, the spread of hazardous chemicals, ozone depletion, and global climate change. The Trump Administration has indicated that it may seek to withdraw from a number of multilateral environmental agreements, including the Paris Agreement, signed by President Obama in 2016, and the UN Framework Convention on Climate Change, signed by President George H.W. Bush and ratified by a unanimous U.S. Senate in 1992.

This live online briefing, the fourth in the Society's series on "International Law and the Trump Administration," will feature former senior U.S. officials from both Republican and Democratic administrations who were responsible for formulating policy and representing the U.S. Government on international environmental issues. They will discuss the role of international law and institutions in protecting the environment; the strengths and weaknesses of multilateral environmental agreements that are currently in force; and the likely implications of U.S. withdrawal.

Werner, Hoon, & Galán: The Law of International Lawyers: Reading Martti Koskenniemi

Wouter Werner (Vrije Universiteit - Law), Marieke de Hoon (Vrije Universiteit - Law), & Alexis Galán (Università Commerciale Luigi Bocconi - Law) have published The Law of International Lawyers: Reading Martti Koskenniemi (Cambridge Univ. Press 2017). Contents include:

• Wouter Werner, Marieke de Hoon & Alexis Galán, Introduction: the law of international lawyers
• Gregor Noll, What moves law? Martti Koskenniemi and transcendence in international law
• David Dyzenhaus, Formalism, realism and the politics of indeterminacy
• Nigel D. White, Settling disputes: a matter of politics and law
• Jaye Ellis, Form meets function: the culture of formalism and international environmental regimes
• Eric A. Posner, Martti Koskenniemi on human rights: an empirical perspective
• Jutta Brunnée & Stephen J. Toope, The rule of law in an agnostic world: the prohibition on the use of force and humanitarian exceptions
• Nikolas M. Rajkovic, The space between us: law, teleology and the new orientalism of counterdisciplinarity
• Sahib Singh, The critical subject
• Friedrich Kratochwil, Practicing law: Spoudaios, professional, expert, or 'Macher'? Reflections on the changing nature of an occupation
• Frédéric Mégret, Thinking about what international humanitarian lawyers 'do': an examination of the laws of war as a field of professional practice
• Anne Orford, International law and the limits of history
• Andrew Lang & Susan Marks, Even the dead will not be safe: international law and the struggle over tradition
• Samuel Moyn, Martti Koskenniemi and the historiography of international law in the age of the war on terror
• Liliana Obregón, Martti Koskenniemi's critique of Eurocentrism in international law
• Martti Koskenniemi, Epilogue: To enable and enchant: epilogue on the power of law

Peña-Neira: Fuentes del Estado de Derecho internacional

Sergio Peña-Neira (Universidad Bernardo O'Higgins - Law) has published Fuentes del Estado de Derecho internacional (Ediciones Olejnik 2016). Here's the abstract:

Las "fuentes" normativo-jurídicas permiten determinar si una norma es jurídica o no. Sin embargo, en el supuesto de la existencia de un Estado de Derecho internacional necesariamente dichas "fuentes" que establecen obligatoriedad en el vínculo jurídico pueden ampliarse más allá de las clásicas del artículo 38 del Estatuto de la Corte Internacional de Justicia. Este libro busca determinar si es posible pensar hoy en fuentes del Derecho internacional público más allá de las fuentes clásicos y definir si es posible reconocerlas como tales en el presente del Derecho internacional público. Es un dato que el mundo se regula por normas jurídicas y Estado de Derecho internacional es un término que se refiere a las normas jurídicas que regulan las relaciones jurídicas internacionales y no a lo que normalmente se asocia, la teoría de Montesquieu sobre el Estado, que en su tiempo y aun hoy no sólo es una teoría sino que causó revolución en el pensar acerca de los Estados nacionales.

McAuliffe: Transformative Transitional Justice and the Malleability of Post-Conflict States

Padraig McAuliffe (Univ. of Liverpool - Law) has published Transformative Transitional Justice and the Malleability of Post-Conflict States (Edward Elgar Publishing 2017). Here's the abstract:

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Systematic and timely, this book examines how the evolution of contemporary civil war, the modalities of peacemaking and peacebuilding, as well as the role of grassroots forms of justice, condition prospects for tackling the economic roots of conflict. It argues that discourse in the area focuses too much on the liberal commitments of interveners to the exclusion of understanding how interventionist impulses are compromised by the agency of local actors. Ultimately, the book illustrates that for transitional justice to become effective in transforming structures of injustice, it needs to acknowledge the salience of domestic political incentives and accumulation patterns.

Proelss: United Nations Convention on the Law of the Sea: A Commentary

Alexander Proelss (Universität Trier - Law) has published United Nations Convention on the Law of the Sea: A Commentary (C.H. Beck/Hart/Nomos 2017). Here's the abstract:

The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994 and has since been ratified by about 160 states, including all the Member States of the EU and the EU itself. The Convention defines the rights and duties of national states with regard to the use of the seas. UNCLOS consolidates customary international law and various Conventions previously adopted by the international community. This Treaty, the most comprehensive ever concluded, is often referred to as 'the constitution for the seas'. This Commentary focuses particularly on the interaction between UNCLOS and the European legal order, for example in the field of the prevention or the reduction of environmental pollution and the fair distribution of natural resources.

Call for Papers: Rethinking and Renewing the Study of International Law in/from/about Latin America

A call for papers has been issued for a conference on "Rethinking and Renewing the Study of International Law in/from/about Latin America," to take place September 26-28, 2017, in Bogotá. The call is here. The deadline for the submission of abstracts is April 3, 2017.

Steer: Translating Guilt: Identifying Leadership Liability for Mass Atrocity Crimes

Cassandra Steer (Women in International Security Canada) has published Translating Guilt: Identifying Leadership Liability for Mass Atrocity Crimes (Springer 2017). Here's the abstract:

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it.

Call for Submissions: ICTY Celebrities: War Criminals after Trial and Their Homecoming

The International Criminal Justice Review has issued a call for submissions for a special issue on "ICTY Celebrities: War Criminals after Trial and Their Homecoming." The call is here.

ICTR, ICTY, and MICT Case Law Database

The Mechanism for International Criminal Tribunals (MICT) has launched a new version of its Case Law Database to further promote and facilitate access to the jurisprudence of the International Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the MICT. The database is here.

Conference: ESIL 2017 Research Forum (Reminder)

The European Society of International Law's 2017 Research Forum will take place March 30-31, 2017, at the University of Grenada. The program is here.

Turner: Defense Perspectives on Fairness and Efficiency at the International Criminal Court

Jenia Iontcheva Turner (Southern Methodist Univ. - Law) has posted Defense Perspectives on Fairness and Efficiency at the International Criminal Court (in The Oxford Handbook on International Criminal Law, Kevin Jon Heller et al. eds., forthcoming). Here's the abstract:

Over the last several years, states parties of the International Criminal Court (ICC) have put increasing pressure on the court to become more efficient. Proceedings are seen as unduly slow, and judges have been urged to rein in the parties and expedite the process.

The emphasis on efficiency can advance important goals of the ICC. It can help ensure defendants’ right to a speedy trial, promote victims’ interests in closure, and allow the court to process more cases with limited resources. But as the experience of earlier international criminal tribunals shows, an unrelenting pursuit of efficiency could also interfere with other values of the criminal process, such as the protection of individual rights and the search for truth.

This book chapter examines how the sharper focus on expediting proceedings at the ICC has affected defense rights and interests. Have judges, in an effort to increase the court’s efficiency, limited defense opportunities to present and examine witnesses, to review disclosure, or to file interlocutory appeals? Have concerns about cost led the court to impose unwarranted restrictions on defense investigations? Have judges urged the defense to disclose its case early on or to settle any aspects of the case with the prosecution?

To begin an exploration of these questions, the chapter analyzes the findings of a survey of international criminal defense attorneys about their views of ICC procedures. While survey respondents expressed some concerns about procedural unfairness at the court, they did not believe that judges’ preoccupation with efficiency was the cause of the unfairness. Likewise, while they complained about insufficient financial and institutional support for defense work, respondents tended to place responsibility for these decisions on the Registry and States Parties, not on judges. Perhaps most surprisingly, respondents stated that certain judicial efforts to expedite proceedings—demanding earlier disclosure, filtering out charges more aggressively, and restricting victim participation—could favor defense rights. Defense attorneys could therefore leverage the court’s emphasis on expeditiousness to advocate for greater judicial regulation of prosecutorial activities.

Shany: A Human Rights Perspective to Global Battlefield Detention: Time to Reconsider Indefinite Detention

Yuval Shany (Hebrew Univ. of Jerusalem - Law) has posted A Human Rights Perspective to Global Battlefield Detention: Time to Reconsider Indefinite Detention (International Law Studies, forthcoming). Here's the abstract:

The article discusses one principal challenge to detention without trial of suspected international terrorists — the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One describes the “hardline” position on the security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the UK and Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the duration of the armed conflict in which the organizations they are affiliated with participate. Part Two describes judicial and quasi-judicial challenges to the “hardline” position, and Part Three addresses recent developments in IHRL relating to the co-application of IHL and IHRL and the extra-territoriality of certain IHRL norms, and specifically discusses developments relating to the application of IHRL norms governing security detentions. Part Four concludes by offering an IHRL-based perspective to security detention policy and, in particular, to aspects of the policy leading to de facto indefinite detention.

Conference: 26th Annual SLS-BIICL Conference on Theory and International Law

On May 3, 2017, the Society of Legal Scholars and the British Institute of International and Comparative Law will hold the 26th Annual SLS-BIICL Conference on Theory and International Law, at the BIICL. The theme is: "Inside the Mind of International Decision-Makers." Here's the idea:

The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the "black box" of international decision-making, this Conference invites participants to theorise, experiment and speculate.

Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably?What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?

Call for Papers: XXII Convegno annuale della SIDI (Reminder)

The Italian Society of International Law and European Union Law has issued a call for papers for its Twenty-Second Annual Conference, to be held June 8-9, 2017, at the Università degli Studi di Trento. The theme is: "Migration and International Law: Beyond Emergency?/Migrazioni e diritto internazionale: verso il superamento dell’emergenza?" Here's the call (English/Italian):

XXII Annual Conference of the

Italian Society of International Law and European Union Law

on ‘Migration and International Law: Beyond Emergency?’

Call for Papers

The Italian Society of International Law and European Union Law is issuing a Call for Papers for its XXII Annual Conference on ‘Migration and International Law: Beyond Emergency?’ that will be held at the University of Trento on 8-9 June 2017. The Conference consists of three plenary sessions and two rounds of parallel sessions, the latter being open to participation through this Call. The Call is addressed to both Italian and foreign scholars and welcomes submissions focussing on the public international law, private international law and EU law aspects of migration.

Contributions are particularly welcome in the following thematic areas:

• the main solutions elaborated by legal scholars as well as policymakers to deal with the phenomenon of migration;
• the role of international institutions (e.g., EU, WHO, ILO, IOM) and their agencies (e.g., Frontex, UNHCR) in managing migration;
• the responsibility of States (both origin and host States) and of international organisations in managing migration;
• the routes of migrants (both forced and voluntary ones) from the State of origin towards the host State, including in relation to the role of non-State actors;
• the condition of migrants in the Country of arrival;
• the relationships of migrants with those remaining in the Countries of origin as well as with the host society.

Guidelines for submissions

Abstracts are welcome of no more than 600 words to be submitted in PDF or WORD format to the following e-mail address: convegnosidi2017@gmail.com. The deadline for submission is 15 April 2017. A short curriculum vitae (50-150 words approx.) should be attached to the abstract.

Italian, English and French will be the working languages for both drafting the paper and presenting at the Conference. In this regard, panellists are expected to speak no more than 20 minutes each. All applicants will be notified via e-mail by the end of April 2017 of the results of the selection process. Successful applicants should send the text of their speech by 31 May 2017.

While in principle travel and accommodation expenses will not be reimbursed to panellists, requests coming from young scholars will be considered.

The papers presented at the Conference will be collected in a volume, edited by the Conference organisers and published in the book series devoted to the proceedings of the Italian Society of International Law and European Union Law Annual Conferences. To this effect, contributors are expected to submit their final paper (6000-8000 words max.) by 31 July 2017. Editing criteria will be communicated to contributors together with the decision of acceptance to the Conference.

Call for Papers: Exiting Institutions

The European Society of International Law's Interest Group on International Organizations and the Interest Group on the EU as a Global Actor have issued a call for papers for a workshop on September 6, 2017, in Naples, on the occasion of ESIL's Annual Conference. The theme is "Exiting Institutions." The call is here.

Kassoti: The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration

Eva Kassoti (The Hague Univ. - Law) has posted The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration. Here's the abstract:

Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and fidelity to international law. The judgment of the General Court in Front Polisario (judgment of 10 December 2015, case T-512/12) is especially relevant since it involved a number of complex international law questions and thus, it provides important insights into how the CJEU treats international law in its practice, thereby feeding directly into the debate over the CJEU’s Völkerrechtsfreundlichkeit. The case-note argues that the Court’s approach to international law leaves much to be desired and sits uncomfortably with the traditional self-portrayal of the EU as an internationally engaged actor committed to the observance of international law, thereby confirming the view that, in its more recent case-law, the CJEU has abandoned the “international law friendly” tone of its earlier judgments. This Insight only takes into account the judgment of the General Court in the Front Polisario case, while the decision of the Court of Justice (judgment of 21 December 2016, case C-104/16 P, Council v. Front Polisario [GC]) will be the object of a subsequent Insight.

Viñuales: La Proteccion Ambiental en el Derecho Internacional Consuetudinario

Jorge E. Viñuales (Univ. of Cambridge - Law) has posted La Proteccion Ambiental en el Derecho Internacional Consuetudinario [Environmental Protection in International Customary Law] (Revista Española de Derecho Internacional, forthcoming). Here's the abstract:

El presente artículo analiza el estado actual del derecho consuetudinario internacional en materia de protección ambiental. A través de un estudio pormenorizado de la jurisprudencia internacional pertinente, el artículo identifica una matriz consuetudinaria que consiste en la exigencia de diligencia debida en el marco del principio de prevención, y sus expresiones procedimentales, a saber la obligación de cooperación de buena fe, en particular por medio de la notificación y la consulta, y la exigencia de efectuar una evaluación previa de impacto ambiental. Pese a que la doctrina haya afirmado el carácter consuetudinario de una multitud de principios, solo los principios identificados en este artículo han recibido una consagración jurisprudencial indiscutible. Por ende, el artículo no efectúa una mera selección de ciertos principios sino que se concentra en aquellos principios cuya base consuetudinaria ha sido efectivamente reconocida. Se estudia luego el detalle de cada una de estas normas así como sus interacciones. El artículo concluye con una breve referencia a la frontera actual en materia de desarrollo consuetudinario, recalcando las dificultades que se desprenden de la aplicación secuencial de estas normas, la ausencia de individuación de un campo importante de deberes exigidos por la diligencia debida en el marco del principio de prevención, y la eventual consolidación por esta vía del principio precautorio y del principio de participación publica.

The article focuses on the current state of customary international law as regards environmental protection. Based on an analysis of the relevant case law, the article identifies a customary core consisting of the duty of due diligence as expressed through the prevention principle, and its procedural extensions through the obligation to cooperate in good faith, particularly by means of notification and consultation, and through the requirement to conduct a prior environmental impact assessment. Despite the fact that commentators have admitted the customary character of many other principles, the only principles effectively recognised in the case law as having an undisputed customary grounding are those addressed in this article. For this reason, the article does not merely select some principles but, rather, it focuses on those customary principles that have been effectively recognised as such. Subsequently, the article analyses each norm in detail as well as the interactions among them. It concludes with a brief reference to the current frontier of customary law in this area highlighting the difficulties arising from a sequential application of these norms, the need to further spell out the requirements of due diligence, and the potential consolidation through this avenue of the precautionary and public participation principles.

Sari: Hybrid Warfare, Law and the Fulda Gap

Aurel Sari (Univ. of Exeter - Law) has posted Hybrid Warfare, Law and the Fulda Gap (in Complex Battle Spaces, Michael Schmitt, Christopher Ford, Shane Reeves & Winston Williams eds., forthcoming). Here's the abstract:

The purpose of this paper is to explore the legal dynamics of hybrid warfare. My central argument is that law constitutes an integral and critical element of hybrid warfare. Law conditions how we conceive of and conduct war. By drawing a line between war and peace and between permissible and impermissible uses of force, the legal framework governing warfare stabilizes mutual expectations among the warring parties as to their future behavior on the battlefield. Hybrid adversaries exploit this stabilizing function of the law in order to gain a military advantage over their opponents. The overall aim of hybrid adversaries is to create and maintain an asymmetrical legal environment that favors their own operations and disadvantages those of their opponents. This poses two principal challenges, one specific and one systemic in nature. Law is a domain of warfare. Nations facing hybrid threats should therefore prepare to contest this domain and strengthen their national and collective means to do so. This requires a clear understanding of the legal dynamics of hybrid threats, awareness of legal vulnerabilities and taking steps to strengthen legal preparedness, deterrence and defense. At the same time, the instrumentalization of law poses profound challenges to the post-Second World War international legal order. Nations committed to that order cannot afford to respond to hybrid threats by adopting the same means and methods as their hybrid adversaries without contributing to its decay.

Kleinlein: International Legal Thought: Creation of a Tradition and the Potential of Disciplinary Self-Reflection

Thomas Kleinlein (Goethe Universität Frankfurt – Law) has posted International Legal Thought: Creation of a Tradition and the Potential of Disciplinary Self-Reflection (Global Community Yearbook of International Law and Jurisprudence, forthcoming). Here's the abstract:

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the 19th and 20th centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law, were also criticized for committing the ‘sin of anachronism’. The contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains that the ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

Clapham: Detention by Armed Groups Under International Law

Andrew Clapham (Graduate Institute of International and Development Studies) has posted Detention by Armed Groups Under International Law (International Law Studies, forthcoming). Here's the abstract:

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

Blank: The Extent of Self-Defense Against Terrorist Groups: For How Long and How Far?

Laurie R. Blank (Emory Univ. - Law) has posted The Extent of Self-Defense Against Terrorist Groups: For How Long and How Far? (Israel Yearbook on Human Rights, forthcoming). Here's the abstract:

The post-9/11 environment, in which states may use self-defense as an ongoing and overarching justification and construct for military operations, whether episodic or sustained in nature, against one or more non-state groups for more than fifteen years, poses challenges to the very concept of self-defense. In particular, the ongoing reliance on self-defense in locations and against groups not contemplated at the time of the initial incident triggering the right to self-defense raises essential questions about the extent of self-defense: how far can a state go when acting in self-defense — both in the geographical sense and in the sense of the legitimate aims of using force — and for how long does this right of self-defense last? In this era of extended campaigns against transnational terrorist groups, examination of such questions is essential to an understanding of self-defense and, therefore, an effective assessment of the legality of state action against such groups.

This article explores the extent of self-defense, particularly in the context of a state using force in self-defense against one or more terrorist groups located in one or multiple locations outside the boundaries of the State. After brief foundational background, the article examines how differing conceptions of the legitimate aims of self-defense affect the extent of self-defense and addresses the consequences of an armed conflict paradigm for the parameters of self-defense. Finally, the article raises questions that naturally follow from a state's initial success in countering a terrorist group with armed force and pose new challenges for the self-defense analysis. For example, as a state's military operations damage a group's ability to operate, it will seek new bases from which to operate in different states or regions and it may splinter into multiple groups or reconstitute itself as one or more new groups. Along with the appearance of new groups inspired by or declaring allegiance to the original terrorist group, these developments require further analysis of whether the nature and extent of self-defense changes, and how, in light of the dynamic operational environment for counterterrorism.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 33, no. 1, March 2017) is out. Contents include:

• Articles
• Patrick Dumberry, Shopping for a better deal: the use of MFN clauses to get ‘better’ fair and equitable treatment protection
• V.K. Rajah, W(h)ither adversarial commercial dispute resolution?
• Bernardo Sepúlveda-Amor & Merryl Lawry-White, State responsibility and the enforcement of arbitral awards
• Philip Chong & Blake Primrose, Summary judgment in international arbitrations seated in England
• Recent Developments
• John Gaffney, Should the European Union regulate commercial arbitration?
• Lucy Greenwood, Tipping the balance – diversity and inclusion in international arbitration
• Gary J. Shaw, Third-party funding in investment arbitration: how non-disclosure can cause harm for the sake of profit
• Fan Yang, The proper law of the arbitration agreement: Mainland Chinese and English law compared
• Case Notes
• Blake Primrose, Separability and stage one of the Sulamérica inquiry
• Francisco González de Cossío, Mexico’s fantastic three: a pro-arbitration trilogy
• Kwadwo Sarkodie & Joseph Otoo, Getma v Republic of Guinea—implications for African arbitration

New Volume: Recueil des Cours

Volume 381 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:

• Volume 381
• Erik Jayme, Les langues et le droit international privé
• George Bermann, Arbitration and Private International Law

Thirlway: Professor Baxter’s Legacy: Still Paradoxical?

Hugh Thirlway (formerly, Graduate Institute of International Studies) has posted an ESIL Reflection on Professor Baxter’s Legacy: Still Paradoxical?

Cardinal & Mégret: The Other 'Other': Moors, International Law and the Origin of the Colonial Matrix

Pierre-Alexandre Cardinal (McGill Univ. - Law) & Frédéric Mégret (McGill Univ. - Law) have posted The Other 'Other': Moors, International Law and the Origin of the Colonial Matrix (in New Approaches to the History of International Law and Islam, I. de la Rasilla del Moral & A. Shahid eds., forthcoming). Here's the abstract:

Historiographies of international law highlight as the beginning of this “inter-national” set of binding rules the Reformation and the way it tore at the very fabric of Christian unity by exposing seemingly incommensurable (while hermeneutically similar) world views. Others go further and point to the Renaissance and the early modern periods as at least containing the seeds of an international legal order in the making. In particular the beginning of international law is located in the writings of the Spanish post-scholastics of the Salamanca school, essentially Dominicans and Jesuits reflecting on Aquinas’ rendition of natural law. The “Other” of International Law, therefore, is conceived as being the Indian of the Americas, one whose encounter powerfully contributed to the shaping of an international system becoming aware of his radical difference.

Still, international law’s debt to its encounter with its Muslim Other, despite its evident linkages to early modernity, remains curiously absent from the discipline’s historiography. At no point are the “Re-”Conquista and medieval Europe’s continued dealings with Muslims in its midst and on its frontiers mentioned, as if the “discovery” alone marked a fundamental break in the normative interactions between people. Why is this initial and even foundational hinging moment neglected? What does it say about the writing of the history of international law? That it is conspicuously not a history of the relation of Europe with its Islamic other, perhaps even a tentative erasure of that relation?

This essay seeks to challenge the accepted historiography of the discipline, with specific regard to Europe’s relations with the people of Islam, and those they perceived as the people of Islam. The general guiding thread of the argument is that international law, at its inception, was a discourse that enforced a structure of power for the justification of conquest and control of Europe’s normatively divergent “Other.” Conceptually, we propose to use Peruvian Philosopher Anibal Quijano’s theorization of the “matrix of coloniality” as a reifying structure of power, and thus of the inherent relationship between the project of modernity and the domination of the Other. We claim that the structure of the “matrix of coloniality” arguably emerged long before the “Re-”Conquista, while that event significantly helped shape its unfolding and arguably paved the way for the other conquista, that of the Americas.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 55, no. 6, 2016) is out. Contents include:

• Al-Dulimi and Montana Management Inc. v. Switzerland (Eur. Ct. H.R.), with introductory note by Stefan Kadelbach
• Bédat v. Switzerland (Eur. Ct. H.R.), with introductory note by Dimitrios Kagiaros
• Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, with introductory note by Alexis J. Ortiz
• United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), with introductory note by Kasey McCall-Smith
• United Nations Security Council Resolution 2298, with introductory note by David P. Fidler

Armitage & Pitts: Alexandrowicz on The Law of Nations in Global History

David Armitage (Harvard Univ. - History) & Jennifer Pitts (Univ. of Chicago - Political Science) have published the writings of C.H. Alexandrowicz on The Law of Nations in Global History (Oxford Univ. Press 2017). Here's the abstract:

The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C.H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations.

The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

McCrudden: CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context

Christopher McCrudden (Queen's Univ. Belfast - Law) has posted CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context (in Comparative International Law, Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier, & Mila Versteeg eds., forthcoming). Here's the abstract:

In an article published in the American Journal of International Law (AJIL), I tackled the difficult question of how to explain the pattern of domestic judicial use of the Convention on the Elimination of Discrimination Against Women that I had identified, and I suggested explanations for this pattern. My tentative conclusion was that what similarities and differences were observable resulted, at least in part, from the functions that international human rights law fulfills in domestic jurisdictions, and that these functions may differ from the role that international human rights law plays at the international level. It was suggested that the observable pattern of references to CEDAW in national level courts results, to a significant degree, from the combination of the four elements involved in comparative international human rights law: that it is international law; and that it concerns human rights; and that it is law; and that it is being applied domestically. In this article, I referred to both the methodology I used, and the findings of the study on which this analysis was based, in summary form, promising a fuller account in this book. This chapter seeks to fulfil the promise in my AJIL article to explain my methodology and my basic findings in more detail. The chapter is structured as follows. Part II presents a brief outline of CEDAW in order to locate what follows. Part III provides a detailed analysis of the methodology I adopted in undertaking the study, including a discussion of the sources I used in compiling a detailed dataset of judicial opinions and how I formulated the questions used to analyze this dataset. Part IV presents the basic findings that resulted from this analysis. Part V concludes. There are, in addition, two appendices. Appendix A sets out the electronic and other databases and datasets from which my dataset of domestic cases citing CEDAW was drawn. Appendix B provides citations for each of the cases in the dataset, by jurisdiction.

Schill: Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law

Stephan W. Schill (Univ. of Amsterdam - Law) has posted Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law (in The Oxford Handbook on the Sources of International Law, Jean d’Aspremont & Samantha Besson eds., forthcoming). Here's the abstract:

This paper discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional and multilateral investment treaties and investment chapters in free trade agreements, focusing specifically on particularities this field of international law displays in comparison to general international law. It addresses, first, the importance of bilateral treaties in international investment law (IIL) and shows that their bilateral form is not opposed to the emergence of a genuinely multilateral regime of IIL. Second, the paper turns to the preeminent importance arbitral decisions assume in determining and developing the content of IIL. Third, the paper addresses the increasing influence of comparative law in IIL and its impact on its understanding of sources. Fourth, the paper discusses how soft law instruments influence IIL, even though they are not binding law. It argues that the particular ‘sources-mix’ in IIL is chiefly a product of the existence of compulsory dispute settlement through investment treaty arbitration and the sociological composition of the field.

Reydams: Politics or Pragmatism? The ICTR and the Burying of the Investigation into the Assassination of President Juvénal Habyarimana

Luc Reydams (Univ. of Notre Dame - Political Science) has posted Politics or Pragmatism? The International Criminal Tribunal for Rwanda and the Burying of the Investigation into the Assassination of President Juvénal Habyarimana (Human Rights Quarterly, forthcoming). Here's abstract:

A persistent rumor about the International Criminal Tribunal for Rwanda (ICTR) is that ‘politics’ played a role in the decision in 1997 of then Chief Prosecutor Louise Arbour to end the investigation into the assassination of Rwandan President Juvénal Habyarimana. The article examines whether there is any truth to this rumor and, alternatively, whether more mundane reasons may explain the burying of the investigation. On the basis of interviews and email correspondence with the persons who might have pressured Arbour and with the former Chief-Prosecutor herself, the article concludes that there is no evidence that the US Government or the UN Secretariat intervened. Arbour’s decision seems to have been based on an assessment of the concrete conditions at the time. These were such that any responsible Prosecutor would have concluded that pursuing the investigation would be futile and dangerous. Because the truth about the assassination remains unknown, the article ends by suggesting a way to finish the ICTR’s unfinished business.

Gurmendi Dunkelberg: There and Back Again: The Inter-American Human Rights System's Approach to International Humanitarian Law

Alonso Gurmendi Dunkelberg (Universidad del Pacifico) has posted There and Back Again: The Inter-American Human Rights System's Approach to International Humanitarian Law. Here's the abstract:

The Inter-American Court of Human Rights is constantly deciding cases that relate to the conduct of States in times of armed conflict. However, while a trailblazer in the field of human rights, the Court’s record with regard to the advancement of international humanitarian law is less stellar. In this article I will offer an explanation for this disconnect between the Inter-American System and international humanitarian law. Through the analysis of the court’s humanitarian law case-law, I argue that the Inter-American Court has gone through a long process of adaptation to international humanitarian law, starting with promising beginnings in the late-nineties at the Inter-American Commission, continuing through a philosophical shift in the early 2000s that drove the Inter-American Court away from direct application of humanitarian law, and ultimately returning to humanitarian law-friendly causeways in the 2010s. I also point to the risks entailed by a human rights system not well connected to humanitarian law and the reasons why I believe the Court’s disassociation with international humanitarian law seems to be slowly but steadily tending towards a positive evolution.

Job Opening: Duke Law International Human Rights Clinic (Clinical Fellow/Supervising Attorney)

Duke Law School seeks to fill a Clinical Fellow/Supervising Attorney position in its International Human Rights Clinic beginning in the summer of 2017. The advertisement is here.

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 7, no. 4, 2016) is out. Contents include:

• Thomas Lundmark & Helen Waller, Using statutes and cases in common and civil law
• Machiko Kanetake, The dual vulnerability of transnational, science-based standards in the national legal order
• Alexis Galán & Stephanie Law, The emergence of European private law and the plurality of authority
• Christoph B. Graber, Bottom-up constitutionalism: the case of net neutrality

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

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 17, no. 2, April 2017) is out. Contents include:

• Chaewoon Oh & Shunji Matsuoka, The genesis and end of institutional fragmentation in global governance on climate change from a constructivist perspective
• R. Guarino, F. Cutaia, A. L. Giacopelli, P. Menegoni, F. Pelagallo, C. Trotta, & G. Trombino, Disintegration of Italian rural landscapes to international environmental agreements
• Rishikesh Ram Bhandary, Coalition strategies in the climate negotiations: an analysis of mountain-related coalitions
• Magdalena Kuchler, Stakeholding as sorting of actors into categories: implications for civil society participation in the CDM
• Linda Wallbott & Andrea Schapper, Negotiating by own standards? The use and validity of human rights norms in UN climate negotiations
• Jennifer S. Bansard, Philipp H. Pattberg, & Oscar Widerberg, Cities to the rescue? Assessing the performance of transnational municipal networks in global climate governance
• Katharina Michaelowa & Axel Michaelowa, The growing influence of the UNFCCC Secretariat on the clean development mechanism
• Mark Zeitoun, Ana Elisa Cascão, Jeroen Warner, Naho Mirumachi, Nathanial Matthews, Filippo Menga, & Rebecca Farnum, Transboundary water interaction III: contest and compliance
• Alexandros Kailis, The influential role of consensual knowledge in international environmental agreements: negotiating the implementing measures of the Mediterranean Land-Based Sources Protocol (1980)

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 7, no. 1, 2016) is out. Contents include:

• Djemila Carron, Transnational Armed Conflicts
• Astrid Kjeldgaard-Pedersen, A Ghost in the Ivory Tower: Positivism and International Legal Regulation of Armed Opposition Groups
• Andres B. Munoz Mosquera & Sascha Dov Bachmann, Lawfare in Hybrid Wars: The 21st Century Warfare
• Tamar Meshel, A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision
• Camille Marquis Bissonnette, The Definition of Civilians in Non-International Armed Conflicts
• Alon Margalit, Recent Trends in the Application of Human Rights and Humanitarian Law
• Sam Pack, Targeting Child Soldiers: Striking a Balance between Humanity and Military Necessity

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added two lectures to the UN Audiovisual Library of International Law. They were given by Tommy Koh on “Straits Used for International Navigation” and Simon Chesterman on “Asia’s Ambivalence About International Law and Institutions: Past, Present, and Futures.”

Murphy: AIDS as an Object of International Law

Thérèse Murphy (Queen's Univ. Belfast - Law) has posted AIDS as an Object of International Law (in International Law's Objects: Emergence, Encounter and Erasure through Object and Image, Jessie Hohmann & Daniel Joyce eds., forthcoming). Here's the abstract:

Inspired in part by 'A History of the World in a 100 Objects', the volume interrogates international law's material culture and everyday life. My chosen object or 'thing' is AIDS. The essay opens by explaining the reason for this potentially controversial choice, before using AIDS to challenge how international law frames the following: crisis; human rights; and law itself.

Kihara-Hunt: Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel

Ai Kihara-Hunt (Univ. of Tokyo - Graduate Program on Human Security) has published Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel (Brill | Nijhoff 2017). Here's the abstract:

Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 50, no. 1, January 2017) is out. Contents include:

• Jorge L. Contreras & Rohini Lakshané, Patents and Mobile Devices in India: An Empirical Survey
• Rodolfo D. Saenz, Confronting Mexico’s Enforced Disappearance Monsters: How the ICC Can Contribute to the Process of Realizing Criminal Justice Reform in Mexico
• Michal Saliternik, Expanding the Boundaries of Boundary Dispute Settlement: International Law and Critical Geography at the Crossroads
• Frédéric Gilles Sourgens, Supernational Law

Galbraith: From Treaties to International Commitments: The Changing Landscape of Foreign Relations Law

Jean Galbraith (Univ. of Pennsylvania - Law) has posted From Treaties to International Commitments: The Changing Landscape of Foreign Relations Law (University of Chicago Law Review, forthcoming). Here's the abstract:

Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich understanding of the various processes for making international commitments and of the circumstances under which a particular process will be used. This approach also has important implications for separation-of-powers concerns. From a constitutional law perspective, the rise of international commitments outside the Treaty Clause registers as an unvarnished increase in presidential power. Factoring in international law and administrative law reveals a far more nuanced reality. While direct congressional checks on presidential power have weakened, alternative checks have arisen from administrative agencies, the international legal structure, and even to some degree from U.S. states. This Article describes the reconfigured landscape of checks and balances, which are spread across the negotiation, domestic approval, and implementation of international commitments. It then offers a qualified normative defense of this system and proposes several structural and doctrinal improvements. The Article closes with a case study applying its approach to the 2015 Paris Agreement on climate.

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 56, no. 2, Fall 2016) is out. Contents include:

• Adam S. Chilton & Eric A. Posner, The Influence of History on States’ Compliance with Human Rights Obligations
• John D. Ciorciari & Anne Heindel, Victim Testimony in International and Hybrid Criminal Courts: Narrative Opportunities, Challenges, and Fair Trial Demands
• Nienke Grossman, Shattering the Glass Ceiling in International Adjudication
• William Partlett, The Elite Threat to Constitutional Transitions
• Responses
• Kevin L. Cope & Cosette D. Creamer, Disaggregating the Human Rights Treaty Regime
• Yonatan Lupu, Explaining Human Rights Abuses: Comparing Contemporary Factors and Historical Factors
• Mila Versteeg, History, Geography, and Rights: A Response to Chilton and Posner

Pegram: Human Rights: Leveraging Compliance

Tom Pegram (Univ. College London - Political Science) has posted Human Rights: Leveraging Compliance (in Beyond Gridlock, David Held & Thomas Hale et al. eds., forthcoming). Here's the abstract:

The performance of global governance regimes across issue areas is increasingly beset by what scholars have termed the “governance dilemma” (Keohane 2001). As noted in Gridlock (Hale, Held and Young 2013), second-order trends, brought on by deepening global interdependence are combining to undermine international cooperation where it is needed most. The governance dilemma is particularly acute in a human rights domain characterized more by distributive costs than easily resolved cooperation problems. Drawing on the introduction to this book, the chapter surveys the current state of human rights scholarship and practice through an exploration of four potential pathways “through” or even “beyond” gridlock in the human rights domain, with particular attention to: (1) autonomous and adaptive institutions, and (2) plurality and diversity of actors and agencies around common goals/norms. In so doing, it highlights how human rights governance is emblematic of certain exit options from gridlock, especially mobilization of willing and able transgovernmental and transnational networks of non-state actors. This includes both civil society actors, as well as networks of national human rights institutions (NHRIs) and other official regulatory bodies, which have received growing attention of late. The chapter begins with an outline of governance arrangements in the human rights domain, including a survey of the many challenges human rights governance confronts. It then evaluates the extent to which the pathways out of gridlock identified in this project are evident in human rights governance and with what effect. The chapter concludes by reflecting on what the analysis means for advancing human rights policy objectives and overcoming multilateral gridlock more generally.

Schneiderman: International Investment Law as Formally Rational Law: A Weberian Analysis

David Schneiderman (Univ. of Toronto - Law) has posted International Investment Law as Formally Rational Law: A Weberian Analysis (in Research Handbook on the Sociology of International Law, Andrew Lang & Moshe Hirsch eds., forthcoming). Here's the abstract:

Weber famously described formally rational law as the highest form of modern law, where ‘definitely fixed legal concepts in the form of highly abstract rules are formulated and applied.’ Formally rational law facilitated economic development by providing continuous, predictable, and efficient administration of justice. Modern disputes having to do with ‘equality before the law’ or ‘legal guarantees against arbitrariness’ demanded formal and objective decision-making, Weber maintained. Formally rational law also ensured that substantive elements exogenous to the legal system, those ‘directed against the dominance of a mere business morality,’ were kept at a safe distance. In this paper, I trace how the norm entrepreneurs promoting investment law’s disciplines conceive of this regime as exhibiting features of formally rational law. They also are resisting the substantively irrational – pejoratively labeled as ‘politics’ – from entering into investment law’s domains. I argue that keeping substantive justice at bay is impossible, not only because of pressures that are at present being generated by states and citizens alike, but because the system itself is saturated with substance, in much the same way as was Weber’s higher form of law.

Helfer, Land, Okediji, & Reichman: The World Blind Union Guide to the Marrakesh Treaty: Facilitating Access to Books for Print-Disabled Individuals

Laurence R. Helfer (Duke Univ. - Law), Molly K. Land (Univ. of Connecticut - Law), Ruth L. Okediji (Univ. of Minnesota - Law), & Jerome H. Reichman (Duke Univ. - Law) have published The World Blind Union Guide to the Marrakesh Treaty: Facilitating Access to Books for Print-Disabled Individuals (Oxford Univ. Press 2017). Here's the abstract:

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled is a watershed development in the fields of intellectual property and human rights. As the first international legal instrument to establish mandatory exceptions to copyright, the Marrakesh Treaty uses the legal and policy tools of copyright to advance human rights. The World Blind Union Guide to the Marrakesh Treaty offers a comprehensive framework for interpreting the Treaty in ways that enhance the ability of print-disabled individuals to create, read, and share books and cultural materials in accessible formats. The Guide also provides specific recommendations to government officials, policymakers, and disability rights organizations involved with implementing the Treaty's provisions in national law.

Shaffer & Gao: China's Rise: How it Took on the U.S. at the WTO

Gregory Shaffer (Univ. of California, Irvine - Law) & Henry S. Gao (Singapore Management Univ. - Law) have posted China's Rise: How it Took on the U.S. at the WTO (University of Illinois Law Review, forthcoming). Here's the abstract:

This article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (WTO) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious rival to the U.S. and Europe in the development and enforcement of international trade law. This article provides the most complete account of this important development, which has had significant political impacts within the United States and Europe. The article first explains China’s significant trade law capacity-building efforts in government, academia, law firms, and business. It then assesses the broader implications for the international trade legal order. It shows that global economic order itself is at stake, affecting citizens around the globe. The article builds from research involving over a decade of original fieldwork in China, Washington D.C., Brussels, and Geneva.

Schill: Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals

Stephan W. Schill (Univ. of Amsterdam - Law) has posted Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals (in Mega-Regional Agreements: TTIP, CETA, TiSA. New Orientations for EU External Economic Relations, Stefan Griller, Walter Obwexer, & Erich Vranes eds., forthcoming). Here's the abstract:

This chapter analyzes the inter-state and investor-state dispute settlement disciplines included in mega-regionals, with a specific focus on the already finalized Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement disciplines increasingly assume a pivotal role in trade and investment negotiations and raise fundamental questions about the authority and legitimacy of international dispute resolution and concerns of fragmentation. While preferences of states participating in mega-regionals coincide in agreeing on inter-state arbitration as a compliance mechanism that minimizes both the authority of dispute resolvers and negative effects of fragmentation in respect of the World Trade Organization, starker differences arise on investor-state dispute settlement. Whereas the European Union (EU) pushes for the creation of permanent judicial bodies, the United States seemingly prefer a reformed version of investor-state arbitration. The underlying clash of ideologies shapes what may turn into a constitutional moment for international economic law more generally, as the EU and US positions directly clash in the negotiations of the Transatlantic Trade and Investment Partnership.

New Issue: Humanity

The latest issue of Humanity (Vol. 8, no. 1, Spring 2017) is out. Contents include:

• Articles
• Patrick Weil, Can a Citizen Be Sovereign?
• Mark Goodale, UNESCO and the United Nations Rights of Man Declaration: History, Historiography, Ideology
• Alden Young, African Bureaucrats and the Exhaustion of the Developmental State: Lessons from the Pages of the Sudanese Economist
• Erik Ropers, Debating History and Memory: Examining the Controversy Surrounding Iris Chang’s The Rape of Nanking
• Photo Essay
• Jean-Philippe Dedieu, Working with the Frames of War
• A Lens on Mohamedou Slahi at Guantánamo: A Conversation
• Debi Cornwall, Gitmo at Home, Gitmo at Play
• Dossier on Gunnar Myrdal
• Maribel Morey & Jamie Martin, Introduction
• Nils Gilman, The Myrdals’ Eugenicist Roots
• Lauri Tähtinen, Will Myrdal’s America Show Up?
• Maribel Morey, Gunnar Myrdal’s An American Dilemma (1944) as a Swedish Text: A Further Analysis
• Jamie Martin, Gunnar Myrdal and the Failed Promises of the Postwar International Economic Settlement
• Samuel Moyn, Welfare World
• Isaac Nakhimovsky, An International Dilemma: The Postwar Utopianism of Gunnar Myrdal’s Beyond the Welfare State
• Benjamin Siegel, Asian Drama Revisited
• Simon Reid-Henry, From Welfare World to Global Poverty

Ruys: Justiciability, Complementarity and Immunity: Reflections on the Crime of Aggression

Tom Ruys (Universiteit Gent - Law) has posted Justiciability, Complementarity and Immunity: Reflections on the Crime of Aggression (Utrecht Law Review, Vol. 13, no. 1, pp. 18-33, January 2017). Here's the abstract:

Some 70 years after the first and, so far the only, criminal prosecutions pertaining to the ‘supreme international crime’ took place, the activation of the – long dormant – jurisdiction of the International Criminal Court (ICC) over the crime of aggression appears imminent. At the time of writing, 32 States Parties had ratified the Kampala Amendments on the Crime of Aggression, thus exceeding the 30 ratifications required under Articles 15bis and 15ter of the ICC Rome Statute (RS). The moment of truth will arrive somewhere after 1 January 2017, when the Assembly of States Parties will need to adopt a decision affirming the Court’s jurisdiction. As the activation of Articles 8bis, 15bis and 15ter RS is drawing nearer, the debate over the prosecution of the crime of aggression has again taken off with renewed vigour. Against this background, the present essay revisits the suggestion that the crime of aggression is inherently non-justiciable, on the one hand, as well as the critique that the activation of the ICC’s jurisdiction over the crime of aggression will have a detrimental effect by inspiring (highly politicized) prosecutions of alleged ‘aggressors’ before the national courts of third States, which are moreover incompatible with the par in parem axiom.

2017 Camera Justitia Masterclass: Judge Julia Sebutinde

On Thursday, March 30, 2017, Julia Sebutinde (Judge, International Court of Justice) will deliver the annual Camera Justitia Masterclass at the Movies that Matter Festival in The Hague. Here's the idea:

On Thursday 30 March at 16h, Judge Julia Sebutinde delivers the annual Camera Justitia Masterclass. She will reflect on a selection of film fragments from the festival’s Camera Justitia programme. Sebutinde currently works at the International Court of Justice and previously served as a Judge at the Special Court of Sierra Leone and the High Court of Uganda. She will talk about law and justice in Uganda, her experiences as an international Judge, and the role of law in the global search for peace and justice. The masterclass is moderated by Heikelina Verrijn Stuart, philosopher of law and independent academic publicist on international legal matters.

Call for Papers: Dispute Settlement in Free Trade Agreements

A call for papers has been issued for a conference on "Dispute Settlement in Free Trade Agreements," to take place May 26-27, 2017, in London. Here's the call:

London Trade Conference on
Dispute Settlement in Free Trade Agreements

26-27 May 2017

Call for Papers

King’s College London, in cooperation with the ESIL Interest Groups on International Courts and Tribunals and International Economic Law, will host a Conference on Dispute Settlement in Free Trade Agreements on 26/27 May 2017. The Conference addresses cutting-edge issues relevant to academics and practitioners alike, exploring and critiquing current models of dispute resolution in international trade law.

Guidelines for submissions

Senior and junior scholars (including PhD students) are invited to submit papers to the Organising Committee on the topic of ‘Dispute Settlement in Free Trade Agreements’ (excluding investor-state dispute settlement). Preference will be given to comparative approaches (comparing an issue across several FTAs) and rarely considered FTAs. Papers will be selected on the basis of the submitted abstracts.

Please bear in mind the following:

• Only one abstract per author will be considered.
• The deadline for submissions is April 12, 2017

Abstracts must not exceed 300 words, and have to be submitted to one of the following email addresses: holger.hestermeyer@kcl.ac.uk; maria_laura.marceddu@kcl.ac.uk

In addition to each abstract, each submission should contain a separate file with information on:

• The author’s name and affiliation
• A short (one page) author’s CV, including a list of relevant publications
• The author’s contact details, including email address and phone number

Call for Papers: Consumer Policy in a Comparative Perspective: New Challenges in Chinese, European, and International Law

The Faculty of Law of the University of Macau, the European Society of International Law Interest Group on International Environmental Law, and gLAWcal – Global Law Initiatives for Sustainable Development have issued a call for papers for a conference on "Consumer Policy in a Comparative Perspective: New Challenges in Chinese, European, and International Law," to take place June 29-30, 2017, in Macau. Here's the call:

European Society of International Law
Interest Group on “International Environmental Law” International Conference

Consumer Policy in a Comparative Perspective:
New Challenges in Chinese, European, and International Law 29-30 June 2017

Faculty of Law of the University of Macau (Macau, China)

I. The Theme

On 21 November 2013 China and the European Union launched negotiations for a comprehensive EU-China Investment Agreement. China is the EU’s second trading partner and the EU is China’s biggest trading partner. The agreement aims at progressive liberalisation of investment and the elimination of restrictions for investors to each other’s market, providing a more secure legal framework to investors of both sides. The European Union is a single market economy populated by approximately 500 million high-income consumers and a qualified labour force. On the other hand, Chinese policy over the last years has shifted from an export-led growth model to one that focuses more on the domestic market, with the 18th National Congress of the Communist Party of China emphasizing the importance of moving towards an ‘ecological civilization’. The construction of an ecological civilization requires a global effort to improve people’s well-being while guaranteeing the future of the country. This concept balances economic development and environmental protection, putting ecological civilization on an equal footing with the civilizations of politics, economy, society, and culture. These different dimensions relate to diverse societal aspirations and concerns and must be addressed by Chinese policymakers. While the European Union is a well-established market economy with a high level of consumer protection, China is rapidly turning into a fully-fledged consumer society, raising new problems and challenges. In 2015 and 2016 the Faculty of Law of the University of Macau hosted two conferences on Consumer Policy in China. This third conference continues the debate on a wide range of issues that have a direct or indirect impact on consumer protection. The goal is to promote a discussion about how to strike a proper balance between economic development and consumer protection in modern-day China. The on-going negotiations for a comprehensive EU-China Investment Agreement provide an eloquent example of how consumer policy is deeply intertwined with varied fields of Law and impacted by national and international legal frameworks. Consumer policy thus requires a holistic approach that balances trade and investment promotion policies with the protection of societal concerns such as the safeguard of consumer interests and environmental protection.

II. Topics

The organizing committee welcomes proposals on any topic relating to the general theme. The scope of the conference is interdisciplinary and submissions from backgrounds other than Law are especially welcome. Subject areas may include, but are not limited to, the following:

a) International, European, and Chinese law and consumer protection
b) UN Guidelines for Consumer Protection and how those Guidelines have influenced national legislations in different parts of the world, namely China
c) Contemporary Issues of consumer protection in China, Europe, and worldwide
d) How consumer policy in China has aligned with international and European standards
e) Asian perspective on consumer protection and consumer rights
f) Access to water and food
g) Product safety
h) Services of general economic interest
i) Environmental protection
j) E-commerce
k) Trade, investment, and consumer protection
l) Resolution of consumer disputes

III. Submission Guidelines

Abstracts in English should be no more than 800 words long and contain the name, institutional affiliation and contact details of the author. A copy of the author’s CV, including a list of relevant publications, should also be attached. Submission should be sent by 15 May 2017 in Word or PDF format to fernandodsimoes@umac.mo and pdfarah@mail.wvu.edu.

IV. Publication

The organizers have publication plans for the presented papers. The precise format of publication will be discussed during the conference. Therefore, all selected contributions must be original and not published elsewhere. Some funding will be available to defray the expenses with transportation and accommodation of participants subject to the presentation of a final full paper by 31 September 2017.

V. Organizing Committee

Fernando Dias Simões (University of Macau)
Paolo Davide Farah (West Virginia University & gLAWcal – Global Law Initiatives for Sustainable Development, UK)
Julien Chaisse (Chinese University of Hong Kong)

This conference is jointly organized by the Faculty of Law of the University of Macau, the European Society of International Law (ESIL) Interest Group on “International Environmental Law”, and gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom). The conference is part of the research project led by Professor Fernando Dias Simões entitled ‘Consumer Policy in China: Protecting the Citizens, Strengthening the Domestic Market and Building an Ecological Civilization’ (Research Project funded by the University of Macau, Project Reference MYRG2015-00219- FLL).

Bazargan-Forward: Noncombatant Immunity and War-Profiteering

Saba Bazargan-Forward (Univ. of California, San Diego - Philosophy) has posted Noncombatant Immunity and War-Profiteering (in The Oxford Handbook on the Ethics of War, Helen Frowe & Seth Lazar eds., forthcoming). Here's the abstract:

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued.

Rietiker: The (Il?)legality of Nuclear Weapons Tests Under International Law

Daniel Rietiker (Univ. of Lausanne) has posted an ASIL Insight on The (Il?)legality of Nuclear Weapons Tests Under International Law — Filling the Possible Legal Gap by Ensuring the Comprehensive Test Ban Treaty’s Entry into Force.

New Issue: International Relations

The latest issue of International Relations (Vol. 31, no. 1, March 2017) is out. Contents include:

• Articles
• Diana Panke, The institutional design of the United Nations General Assembly: an effective equalizer?
• Matti Jutila, New national organization of Europe: nationalism and minority rights after the end of the Cold War
• Deniz Kuru, Who f(o)unded IR: American philanthropies and the discipline of International Relations in Europe
• Forum
• Ken Booth & Milja Kurki, Editors’ introduction: Rethinking International Relations – again
• David L Blaney & Arlene B Tickner, International Relations in the prison of colonial modernity
• Laura J Shepherd, Whose international is it anyway? Women’s peace activists as International Relations theorists
• Patrick Thaddeus Jackson, Out of one prison, into another? Comments on Rosenberg
• Stephen G Brooks, Distinguishing a minimalist role for grand theorizing
• Justin Rosenberg, The elusive international

Ohlin: Did Russian Cyber-Interference in the 2016 Election Violate International Law?

Jens David Ohlin (Cornell Univ. - Law) has posted Did Russian Cyber-Interference in the 2016 Election Violate International Law? (Texas Law Review, forthcoming). Here's the abstract:

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior," though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear. To the layperson, the Russian hacking constituted an impermissible (and perhaps shocking) interference in the American political process—an intervention that non-lawyers would not hesitate to label a “violation of sovereignty” as that term is used in political or diplomatic discourse.

The problem arises when one attempts to translate that common-sense intuition into legal discourse. At that point, the translation effort breaks down for a variety of reasons. The genesis of the difficulty is that none of the standard rubrics for understanding illegal interventions clearly and unambiguously applies to the facts in question. That being said, it would be a mistake to hastily reject our common-sense intuitions about the impropriety of Russian hacking during the election. The lack of fit with the doctrinal requirements for an illegal intervention against another state’s sovereignty is simply an indication that the notions of “sovereignty” and “intervention”—though mainstays of contemporary public international law doctrine—are poorly suited to analyzing the legality of the conduct in this case. A far better rubric for analyzing the behavior is the notion of self-determination, a legal concept that captures the right of a people to decide, for themselves, both their political arrangements and their future destiny.