Lazar: Just War Theory: Revisionists Versus Traditionalists

Seth Lazar (Australian National Univ. - Philosophy) has published Just War Theory: Revisionists Versus Traditionalists (Annual Review of Political Science, Vol. 20, pp. 37-54, 2017). Here's the abstract:

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it.

Carrubba & Gabel: International Courts: A Theoretical Assessment

Clifford J. Carrubba (Emory Univ. - Political Science) & Matthew Gabel (Washington Univ., St. Louis - Political Science) have published International Courts: A Theoretical Assessment (Annual Review of Political Science, Vol. 20, pp. 55-73, 2017). Here's the abstract:

Scholars have long been fascinated by the role of international courts in the enforcement of international rule of law. They start with a foundational question: Can international courts affect how international law is implemented? In this review, we lay out four of the most common theoretical arguments for why international courts matter. We then interrogate these accounts. In particular, we examine their views on how much influence courts have and what the likely welfare consequences are for the signatories of an agreement. In so doing, we identify critical conditions that must obtain for court influence under each of the arguments. We then bring more recent scholarship to bear on the plausibility of these conditions. In particular, we examine what research on the structure of law, the preferences of judges, and institutional design implies about the efficacy of international courts based on the four foundational arguments. We conclude with suggestions for future research.

Føllesdal: Constitutionalization, Not Democratization: How to Assess the Legitimacy of International Courts

Andreas Føllesdal (Univ. of Oslo - Law) has posted Constitutionalization, Not Democratization: How to Assess the Legitimacy of International Courts (in The Legitimacy of International Courts, Nienke Grossman, Harlan Grant Cohen, Andreas Føllesdal, & Geir Ulfstein eds., forthcoming). Here's the abstract:

Several authors - including Armin von Bogdandy and Ingo Venzke, Allan Buchanan and Robert Keohane, Gráinne De Búrca, and Nienke Grossman address the legitimacy deficits of international courts (ICs). They propose the 'democratization' of ICs, by which they often mean to increase their transparency, accountability or participation by various parties. There are other, better reasons to value transparency, accountability and participation concerning ICs than as building blocks of democracy, namely insofar as they contribute to valuable forms of constitutionalization of the global basic structure. More transparency, accountability or participation is often but not always beneficial. Moreover, they can be valuable even when such changes do not advance democracy of the kind worth having: widely dispersed institutionalized control in the form of elections based on prior public deliberation, whereby individuals can influence the rules that shape their lives. We should not assume that democracy is the touchstone for all legitimate modes of governance. Three related issues should be isolated to foster constructive discussions and sound extrapolation of normative premises for legitimacy familiar from domestic constitutional thought and political theory. We should distinguish between democratic institutions of decision-making, the normative principles that justify such institutions, and important features of such institutions that contribute to their justification, such as accountability, participation and transparency. It is only calls for the first of these – formalized institutions of decision-making – which should be considered democratication proper.

Techera & Klein: International Law of Sharks: Obstacles, Options and Opportunities

Erika Techera (Univ. of Western Australia - Law) & Natalie Klein (Macquarie Univ. - Law) have published International Law of Sharks: Obstacles, Options and Opportunities (Brill | Nijhoff 2017). Here's the abstract:

In International Law of Sharks, Erika J. Techera and Natalie Klein provide an in-depth analysis of the current legal frameworks that relate to these important species. The authors offer ways in which to overcome obstacles that prevent existing laws from working better and identify best practice global governance options while highlighting opportunities for legal reform.

Scientific evidence indicates that sharks play a critical role in maintaining marine ecosystem health, yet current governance regimes have not been effective and many shark species continue to diminish. In this context, effective laws are critical to improve sharks’ conservation status. This volume also explores the broader relevance of oceans governance by identifying appropriate legal frameworks and regulatory mechanisms that balance conservation and utilisation of marine species in general.

Goldstein: Trading in the Twenty-First Century: Is There a Role for the World Trade Organization?

Judith Goldstein (Stanford Univ. - Political Science) has published Trading in the Twenty-First Century: Is There a Role for the World Trade Organization? (Annual Review of Political Science, Vol. 20, pp. 545-564, 2017). Here's the abstract:

As the World Trade Organization (WTO) begins its third decade, its future is uncertain. The initial expectation that the WTO would be the fulcrum for future international trade agreements has not been met. At best, its tenure has had mixed results. This review addresses the political consequences of WTO membership, focusing on the rules and norms of the regime and why they have become less functional over time; looks at the effectiveness of the WTO and the dispute settlement system in encouraging trade and compliance with agreements; and offers some general thoughts on the impact of shifting mass opinion on the virtue of trade agreements and other stumbling blocks the WTO faces.

New Issue: Yale Journal of International Law

The latest issue of the Yale Journal of International Law (Vol. 42, no. 1, Winter 2017) is out. Contents include:

• Wolfgang Alschner, The Impact of Investment Arbitration on Investment Treaty Design: Myth Versus Reality
• Rebecca Ingber, Co-Belligerency
• Lesley Wexler & Jennifer K. Robbennolt, Designing Amends for Lawful Civilian Casualties

Conference: 50 Years after 1967: Evaluating the Past, Present and Future of the Law of Belligerent Occupation

On May 22-23, 2017, the Minerva Center for Human Rights at the Hebrew University of Jerusalem and Tel Aviv University, the Delegation of the International Committee of the Red Cross in Israel and the Occupied Territories, and the Emile Zola Chair for Human Rights at the College of Management Academic Studies will hold a conference on "50 Years after 1967: Evaluating the Past, Present and Future of the Law of Belligerent Occupation," in Tel Aviv. The program is here.

Workshop Series: International Law for the Sustainable Development Goals

Beginning this month and continuing through the 2017-2018 academic year, the Department of International Law at the University of Groningen will hold a workshop series on "International Law for the Sustainable Development Goals." The concept note and overall program is here. The opening lecture by Joyeeta Gupta (Univ. of Amsterdam) will take place on May 18. The program for the first workshop, to take place on May 22, is here.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 23, no. 2, June 2017) is out. Contents include:

• Ruth Blakeley & Sam Raphael, British torture in the ‘war on terror’
• Ty Solomon & Brent J. Steele, Micro-moves in International Relations theory
• Madeleine Fagan, Security in the anthropocene: Environment, ecology, escape
• Sandra Destradi, Reluctance in international politics: A conceptualization
• Tony Heron & Peg Murray-Evans, Limits to market power: Strategic discourse and institutional path dependence in the European Union–African, Caribbean and Pacific Economic Partnership Agreements
• Erin R. Graham, The institutional design of funding rules at international organizations: Explaining the transformation in financing the United Nations
• Bernd Bucher & Ursula Jasper, Revisiting ‘identity’ in International Relations: From identity as substance to identifications in action
• Daniel R. McCarthy & Matthew Fluck, The concept of transparency in International Relations: Towards a critical approach
• David Rampton & Suthaharan Nadarajah, A long view of liberal peace and its crisis
• Philip Cunliffe, The doctrine of the ‘responsibility to protect’ as a practice of political exceptionalism

Job Opening: Sussex Centre for Human Rights Research (Visiting Research Fellow in Human Rights Law)

The Sussex Centre for Human Rights Research invites applications for the position of Visiting Research Fellow in Human Rights Law for the 2017-2018 academic year. The advertisement is here.

AJIL Unbound Symposium: Revisiting Israel’s Settlements

AJIL Unbound has posted a symposium on "Revisiting Israel’s Settlements." The symposium includes an introduction by José E. Alvarez and contributions by Eyal Benvenisti, Pnina Sharvit Baruch, David Kretzmer, Adam Roberts, Omar M. Dajani, and Yaël Ronen. Theodor Meron's just-published editorial for the print journal - The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War - is also now available (for free).

Call for Submissions: New Zealand Yearbook of International Law

The New Zealand Yearbook of International Law (which is now associated with Brill) has issued a call for submissions for its forthcoming volume. Here's the call:

The New Zealand Yearbook of International Law (Brill), launched in June 2004, is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of public international law. The Yearbook serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year in Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.

The Editor of the Yearbook is currently Dr Roisin Burke (University of Canterbury, NZ) and the Associate Editor is Dr Christian Riffel (University of Canterbury, NZ). The Book Reviews Editor is Prof Annick Masselot. The Editorial Team is advised by members of the Advisory Board who are leading New Zealand-based and international academics and practitioners within the field of international law.

The Editors call for both short notes and commentaries and longer in-depth articles for publication in the 2016 edition of the Yearbook (volume 14). Notes and commentaries should be between 3,000–7,000 words (including footnotes). Articles may be from 8,000 to 15,000 words (including footnotes).

The Editors seek contributions on any issue of public international law and are particularly interested in receiving submissions that are relevant to New Zealand, Australasia, the Pacific, the Southern Ocean and Antarctica.

The closing date for submissions is 30 May 2017. Submissions before that date are encouraged. 

Submissions should be provided in English, using MSWord-compatible word processing software, and delivered by email to the Editor at roisin.burke@canterbury.ac.nz.  

Contributions must be original unpublished works and submission of contributions will be held to imply this. We do not consider submission that are currently under review with another publisher. Manuscripts must be word-processed and in compliance with the Australian Guide to Legal Citation (3rd edition).The Guide is available online here.

Further details on the Yearbook and the table of contents for volumes 1–13 are available online here.

Ulfstein: International Courts and Tribunals and the Rule of Law in Asia

Geir Ulfstein (Univ. of Oslo - Law) has posted International Courts and Tribunals and the Rule of Law in Asia (in Global Constitutionalism from European and East Asian Perspectives, forthcoming). Here's the abstract:

This chapter contains general reflections on the rule of law and international courts, and it discusses the significance of international courts for the rule of law in the Asian context. I argue that we may expect increasing pluralism between the approaches of different Asian states, between different issue areas, and between different geographic levels as regards international courts. We may expect more judicialisation involving Asian states in trade and investment than in human rights. Finally, while there is a general reluctance to enter into regional dispute resolution mechanisms, we see support for a mosaic of bilateral (BITs), subregional (ASEAN), transregional (TPP) and global (ICJ, ITLOS, WTO) international courts. The scepticism of Asian states may weaken the development of more international rule of law protection and constitutionalisation. But the rule of law provided by existing international courts will continue to expand, also for Asian states: through their constant dispute resolution, their interpretation of treaties and general international law, and through their judicial law-making functions.

Gazzini: Rethinking the Promotion and Protection of Foreign Investments

Tarcisio Gazzini (Université de Lausanne - Law) has posted Rethinking the Promotion and Protection of Foreign Investments: The 2015 South Africa's Protection Investment Act. Here's the abstract:

The disaffection of States towards investment treaties has grown considerably in the last few years and triggered the upgrading of BITs (i.e. BIT between Morocco and Nigeria), the revision of treaty models (i.e. India and Indonesia) or the conclusion of much less ambitious facilitation agreements (i.e. Brazil-Mozambique). South Africa has opted instead for the termination of several investment treaties and adoption of a piece of domestic legislation. The South African Protection of Investment Act (2015) is largely pegged to the Constitution and based on the extension to foreign investors of the protection granted to nationals, including the provisions on expropriation and regulatory powers. This chapter attempts to discuss and compare the protection foreign investors may expect to enjoy under the Act. It argues that from both substantive and procedural standpoints, the Act offers a level of protection definitely lower of that normally provided by international investment treaties. It remains to be seen whether such rather drastic departure from treaty standards is appropriate and what the consequences of the replacement of investment treaties with the Act may be on the flow of foreign investment to South Africa.

Call for Papers: The Legitimacy of "Unseen Actors" in International Adjudication (Reminder)

PluriCourts Centre of Excellence at the University of Oslo and the Europa Instituut at Leiden University have issued a call for papers for a conference on "The Legitimacy of 'Unseen Actors' in International Adjudication," which will take place October 26-27, 2017, in The Hague. The deadline is May 31, 2017. The call is here. Here's the idea:

‘Unseen actors’ are central to the ‘institutional makeup’ of international courts and tribunals as registries and secretariats, law clerks and legal officers may exert varying levels of influence on the judicial process. At this conference, legal and political science scholars and members of adjudicatory institutions will consider and discuss the legitimacy of assigning ‘unseen actors’ certain roles in the judicial process as well as the implications thereof for the legitimacy of the dispute settlement mechanism as such.

Call for Papers: Economic, Social and Cultural Rights and Sustaining Peace: Developing New Insights into Peacebuilding

A call for papers has been issued for a symposium on "Economic, Social and Cultural Rights and Sustaining Peace: Developing New Insights into Peacebuilding," to be held July 5, 2017, at Lancaster University. Here's the call:

Call for Papers:

Economic, Social and Cultural Rights and Sustaining Peace:
Developing New Insights into Peacebuilding

Knowledge Exchange Symposium, Wednesday 5th July 2017

The topic of human rights and conflict transformation is not a new one. However, increasingly attention is being given to the lack of consideration of economic, social and cultural rights within peacebuilding. This one day knowledge exchange symposium to be held at Lancaster University Law School in Lancaster, UK on Wednesday 5th July 2017, is the second event of a collaborative project between the Quaker UN Office (QUNO), Friedrich Ebert Stiftung (FES) and Dr Amanda Cahill-Ripley of Lancaster University Law School. The project aims to enhance knowledge and understanding of the role of economic, social and cultural rights (ECSRs) in sustaining peace. In particular, we aim to:

• Assist in networking traditional and non-traditional actors in peacebuilding (including ESCRs actors)
• Advance innovative practice and thinking on peacebuilding and ESCRs
• Strengthen the relationship between academia, human rights actors and peacebuilding actors and expand space for dialogue about realising rights, building peace and resolving conflict across different institutions and sectors.
• Develop an enhanced and broader understanding amongst practitioners and academics of promising practices in the peacebuilding and economic and social rights fields.

Further information on the project can be found here.

This event will build on a previous workshop held in Geneva in February 2017 which brought together academics and representatives of peacebuilding and human rights organisations to identify the intersections between ESCRs and peacebuilding in theory, policy, and practice. As a result of this workshop, the need for further exploration of ideas and exchange of dialogue in order to strengthen mutual knowledge and understanding was clearly identified. With this in mind, the purpose of this symposium is to provide an opportunity for a wider group of academics and practitioners to present their research and experiences in relevant areas, to further enrich the debate and build upon the initial discussions.

The event will be organised around a number of panels where speakers will present their academic, practitioner and policy insights on a theme or experiences related to the central topic concerning ESCRs and Sustaining Peace, including but not limited to:

• Economic Crimes And Corruption
• Local /Grassroots Peacebuilding
• Gender /Women, Peace And Security
• Conflict Transformation
• Early Warning, Risk Analysis and Conflict Prevention
• Post-Conflict Peacebuilding
• Transitional Justice
• Non-State Actors (Including Business; NSAC)
• Structural Violence
• Resilience
• Human Security
• Inequality
• Discrimination/Vulnerable Groups
• Political Settlements/Legal Agreements
• Fragility
• Development
• Specific ESCRs in a peacebuilding context
• NB. Cross-cutting themes and presentations on particular case studies/ programme level experiences are also encouraged.

Time will be included within each panel session to ask questions and debate issues raised.

In the evening all symposium participants will be invited to attend supper on board The Kingfisher canal barge for a cruise through the countryside of Lancaster. There is a nominal fee of £25 per person for the evening cruise including dinner.

Abstract Deadline

We look forward to receiving your abstract. Please submit a 200-500 word abstract to: escr@lancaster.ac.uk by Friday 26th May 2017.

I really hope you can join us for what promises to be a very interesting and formative event.

For any queries please contact the event organiser:

Dr Amanda Cahill-Ripley, Lecturer in Law, Lancaster University Law School.
Email: a.cahill@lancaster.ac.uk
+44(0)1524 (5) 94930

Ruys: Criminalizing Aggression: How the Future of the Law on the Use of Force Rests in the Hands of the ICC

Tom Ruys (Universiteit Gent - Law) has posted Criminalizing Aggression: How the Future of the Law on the Use of Force Rests in the Hands of the ICC (European Journal of International Law, forthcoming). Here's the abstract:

As the activation of Articles 8bis, 15bis and 15ter of the ICC Rome Statute (RS) is drawing ever nearer, the debate over the prosecution of the crime of aggression has taken off again with renewed vigour. While various flaws and imperfections of the Kampala resolution have attracted scholarly attention, the present paper focuses on one particular source for concern, viz. the implications which the activation of the Court’s jurisdiction may have for the legal regime governing the use of force between States. It is assumed at the outset that, even if investigations into alleged crimes of aggression may not occur on a frequent basis, sooner or later the ICC will inevitably be called upon to apply Article 8bis RS. Indeed, even if the majority of situations dealt with by the Court pertain to non-international armed conflicts, there have also been a number of situations involving an international/inter-State element. In essence, each such situation potentially raises jus contra bellum concerns, and may accordingly lead to allegations that the crime of aggression has been committed. Even if the lion’s share of these allegations is unlikely to make it past the preliminary examination or investigation phases, the way in which the ICC Prosecutor and the Pre-Trial Chambers play their role as gatekeepers with regard to the crime of aggression is bound to have strong repercussions for the interpretation and compliance pull of the law on the use of force.

The present paper first addresses the possible impact of the ICC’s jurisdiction over the crime of aggression on the recourse to, and acceptance of, unilateral humanitarian intervention (Section 2), before addressing other ways in which it may influence the international legal framework governing the use of force (Section 3). Section 4 concludes.

Call for Posters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea

The Max Planck Institute Luxembourg for Procedural Law, in cooperation with the Vrije Universiteit Brussel and the Luxembourg National Research Fund, has issued a call for posters for a conference on "A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea," to be held September 25-26, 2017, in Luxembourg. The call is here.

Conference: Brexit, China and Other New Challenges to International Trade Law

On May 31, 2017, the British Institute of International and Comparative Law, together with the University of Surrey, will hold a conference on "Brexit, China and Other New Challenges to International Trade Law." The program is here. Here's the idea:

A vigorous debate has begun over the impact of Brexit on the UK's trade agreements with the EU and non-EU countries and on the system of international trade law. The EU currently has preferential trade deals with over 50 partners and is actively negotiating with China, India and the USA.

The UK and many of its trading partners will need to renegotiate all of these agreements whilst protecting their interests and the interests of regional trading blocs such as NAFTA, ASEAN and MERCOSUR. That will require new approaches, likely resulting in new international trade models, which will inevitably affect the law and practice of international trade.

The conference will gather in London the leading academics and practitioners in the area of international trade law. The panellists will discuss the most current problems of international trade law, including the impact of Brexit on UK-EU trade relations, China's role in the global trade system as well as the new trends in international trade treaty making.

Føllesdal: The Legitimate Authority of International Courts and Its Limits: A Challenge to Raz's Service Conception?

Andreas Føllesdal (Univ. of Oslo - Law) has posted The Legitimate Authority of International Courts and Its Limits: A Challenge to Raz's Service Conception? (in Legal Authority Beyond the State, P. Capps, H. Palmer Olsen & S. Toddington eds., forthcoming). Here's the abstract:

Very public challenges to international courts (ICs) by state governments, legislatures, domestic or international courts, corporations, investors or civil society groups are often draped in terms of ‘legitimacy’. The challenges provoke several questions. Why should such ‘compliance constituencies’ defer to ICs’ judgments at all? More precisely: when do ICs’ judgments give such constituencies reason to act differently than they would otherwise – and when do they not? The present contribution argues that states’ disobedience may be justified due to the substantive contents of the particular ruling by an IC. Section 1 provides a brief sketch of Raz’s ‘Service account’ of legitimacy, and addresses some criticisms relevant to our concerns. Section 2 brings this account to bear on ICs, and lays out some of its distinguishing features by comparing it to the influential accounts of Daniel Bodansky and Yuval Shany. Section 3 turns to consider how this account accommodates and even justifies cases of disobedience against ICs.

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

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 23, no. 2, April-June 2017) is out. Contents include:

• The Global Forum
• Bruce W. Jentleson, Global Governance, the United Nations, and the Challenge of Trumping Trump
• Laurie Nathan, How to Manage Interorganizational Disputes over Mediation in Africa
• Articles
• Jacqueline Best, The Rise of Measurement-driven Governance: The Case of International Development
• Taekyoon Kim & Sojin Lim, Forging Soft Accountability in Unlikely Settings: A Conceptual Analysis of Mutual Accountability in the Context of South-South Cooperation
• Tom Chodor, The G-20 Since the Global Financial Crisis: Neither Hegemony nor Collectivism
• Obinna Franklin Ifediora & Kwesi Aning, West Africa’s Ebola Pandemic: Toward Effective Multilateral Responses to Health Crises
• Ki-Hyun Bae, ASEAN as a Community of Managerial Practices
• Gonzalo Escribano, Pathways Toward a Global Standard for Transparency in the Governance of Energy Resources
• Sikina Jinnah, Makers, Takers, Shakers, Shapers: Emerging Economies and Normative Engagement in Climate Governance
• Shuqin Gao, China and Global Energy Governance: Integration or Confrontation?

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 12, no. 2, June 2017) is out. Contents include:

• International Organizations and Development Finance
• Daniel L. Nielson, Bradley Parks, & Michael J. Tierney, International organizations and development finance: Introduction to the special issue
• Vera Z. Eichenauer & Bernhard Reinsberg, What determines earmarked funding to international development organizations? Evidence from the new multi-bi aid data
• Bernhard Reinsberg, Organizational reform and the rise of trust funds: Lessons from the World Bank
• Samuel Brazys, Johan A. Elkink, & Gina Kelly, Bad neighbors? How co-located Chinese and World Bank development projects impact local corruption in Tanzania
• Elena V. McLean, The politics of contract allocation in the World Bank
• Chris Humphrey, He who pays the piper calls the tune: Credit rating agencies and multilateral development banks
• Michael G. Findley, Helen V. Milner, & Daniel L. Nielson, The choice among aid donors: The effects of multilateral vs. bilateral aid on recipient behavioral support

Conference: London Trade Conference on Dispute Settlement in Free Trade Agreements

On May 26-27, 2017, King’s College London, in cooperation with the European Society of International Law's Interest Groups on International Courts and Tribunals and International Economic Law as well as the Society of International Economic Law, will host the "London Trade Conference on Dispute Settlement in Free Trade Agreements." The program is here.

New Issue: Human Rights & International Legal Discourse

The latest issue of Human Rights & International Legal Discourse (Vol. 11, no. 1, 2017) is out. Contents include:

• Critical Issues in Transitional Justice
• Jeremy Sarkin, Estelle Zinsstag, & Stephane Parmentier, Critical Issues in Transitional Justice – A Sisyphean Exercise
• Jeremy Sarkin & Tetevi Davi, Examining the Criticisms Levelled against Transitional Justice: Towards an Understanding of the State of the Field
• Fionnuala Ní Aoláin, After Things Fall Apart: Challenges for Transitional Justice Futures
• Simon Robins, Failing Victims? The Limits of Transitional Justice in Addressing the Needs of Victims of Violations
• Luke Moffett, Reparations in Transitional Justice: Justice or Political Compromise?
• Monica Aciru, Rethinking Post-Truth Commissions: Empowering Local Capacities to Shape the Post-Truth Commission Discourse
• Brian Mcgonigle Leyh, The Socialisation of Transitional Justice: Expanding Justice Theories within the Field
• Padraig Mcauliffe, Localised Justice and Structural Transformation: How New Approaches to Transitional Justice Pull in Different Directions
• Phanuel Kaapama, The Enduring Colonial Legacies of Land Dispossessions and the Evolving Property Rights Legal Discourses: Whither Transitional Justice?

Messenger: The Public-Private Distinction at the World Trade Organization

Gregory Messenger (Univ. of Liverpool - Law) has posted The Public-Private Distinction at the World Trade Organization: Fundamental Challenges to Determining the Meaning of ‘Public Body’ (International Journal of Constitutional Law, Vol. 15, no. 1, pp. 60-83, 2017). Here's the abstract:

The distinction between the public and the private is a conceptual fault line in WTO law. The WTO regulates a range of public activities that impact the ability of private actors to engage freely in the market. Difficulties arise where the nature of the bodies that WTO law seeks to regulate is unclear. The Agreement on Subsidies and Countervailing Measures (‘SCM Agreement’) is a notable case in point. The regulation of subsidies at the WTO is of particular importance, structuring the relationship between governments and markets of WTO members, yet despite the wide scope and importance of the SCM Agreement, there exist theoretical deficiencies underpinning key terms. This paper examines the definition of ‘public body’ under the SCM Agreement as one such example. Moving beyond the competing interpretations offered by panel and Appellate Body reports, this paper suggests that the underlying conceptual foundations of the term are inadequate and offers tentative suggestions to remedy this failing. Specifically, an approach based on the distinction between private and public aims is posited as an alternative. Identifying the importance that conceptions of the ‘public’ have in international law more generally, this paper argues for greater engagement with the conceptual underpinnings of terms such as ‘public body’ so as to provide a meaningful basis for some of the foundational terms in current international law.

Radi: 'Much Ado about Nothing'? An Appraisal of CETA's Investment Chapter

Yannick Radi (Univ. of Louvain - Law) has posted an ESIL Reflection on 'Much Ado about Nothing'? An Appraisal of CETA's Investment Chapter.

Saul: The Legal Relationship between Terrorism and Transnational Crime

Ben Saul (Univ. of Sydney - Law) has posted The Legal Relationship between Terrorism and Transnational Crime (International Criminal Law Review, forthcoming). Here's the abstract:

This article examines the legal relationship between terrorism and other transnational crimes. It considers how terrorist groups instrumentally commit other transnational crimes in order to support their terrorist activities, as well as when terrorist acts can qualify as other transnational crimes. The overlap and differentiation between terrorism and transnational organised crime is explored by reference to the UN Transnational Organised Crime Convention 2000 (UNTOC) and its three protocols on human trafficking, migrant smuggling, and firearms trafficking. The article examines the distinction between politically motivated terrorism and the financial or material benefit that is central to the UNTOC definition. Beyond the UNTOC, the article investigates the relationship between terrorism and a cluster of more disparate transnational crimes, including drug trafficking, illicit trafficking in cultural property, illicit exploitation of natural resources and environmental crimes, and kidnapping for ransom. The article identifies gaps in existing legal regimes.

Elsig, Hoekman, & Pauwelyn: Assessing the World Trade Organization: Fit for Purpose?

Manfred Elsig (Universität Bern - World Trade Institute), Bernard Hoekman (European Univ. Institute), & Joost Pauwelyn (Graduate Institute of International Studies) have published Assessing the World Trade Organization: Fit for Purpose? (Cambridge Univ. Press 2017). Contents include:

• Manfred Elsig, Bernard Hoekman & Joost Pauwelyn, Introduction
• Manfred Elsig, Bernard Hoekman & Joost Pauwelyn, Thinking about the performance of the World Trade Organization: a discussion across disciplines
• Chad P. Bown & Douglas A. Irwin, The GATT's starting point: tariff levels circa 1947
• Judith Goldstein & Robert Gulotty, Negotiating in the early GATT: norms, rules and the US tariff schedule
• Frieder Rössler, Dispute settlement in the WTO: from a deliberately designed to a spontaneously grown order
• Dirk de Bièvre, Arlo Poletti & Aydin Yildirim, About the melting of icebergs: political and economic determinants of dispute initiation and resolution in the WTO
• Giorgio Sacerdoti, The WTO dispute settlement system: consolidating success and confronting new challenges
• Soo Yeon Kim & Tobias Hofmann, Does trade comply? The economic effect(iveness) of the WTO dispute settlement process
• Krzysztof J. Pelc, Twenty years of third party participation at the WTO: what have we learned?
• Julia Qin, Mind the gap: navigating between the WTO agreement and its accession protocols
• Luca Rubini, The age of innocence - the evolution of the case-law of the WTO dispute settlement: subsidies as a case-study
• Todd Allee & Manfred Elsig, The presence of the World Trade Organization within preferential trade agreements
• L. Alan Winters, The WTO and regional trading agreements: is it all over for multilateralism?
• Cèdric Dupont & Manfred Elsig, Performance and international organisations' borders: the case of the World Trade Organization
• Joseph Michael Finger, The GATT/WTO system and national trade policies: which comes first?

Milanovic: Accounting for the Complexity of the Law Applicable to Modern Armed Conflicts

Marko Milanovic (Univ. of Nottingham - Law) has posted Accounting for the Complexity of the Law Applicable to Modern Armed Conflicts (in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare, Christopher Ford, Shane Reeves, & Winston Williams eds., forthcoming). Here's the abstract:

It is verging on the trivial to observe that the law applying to modern armed conflicts is full of complexities – some old, many new. Such complexities are, after all, the bread and butter of legal academics, who have produced mountains of books and articles on the various relevant topics. But the extent of these complexities can be overstated. While legal academics debate the finer points of the interaction between international humanitarian law (IHL) and international human rights law (IHRL), in the vast majority of today’s armed conflicts the law is reasonably practical, clear and fit for purpose. It might not be complied with, but that is not because of its supposed complexity or lack of clarity. If for example, the parties to contemporary armed conflicts with the highest cost in human lives and property (e.g., in Syria or Yemen) observed only the bare fundamentals of the principle of distinction, the world would be spared much suffering. Their noncompliance has little to do with the law’s complexity.

But complexity is nonetheless a major feature of a particular subset of modern armed conflicts, especially those involving foreign intervention by Western powers. The purpose of this paper is not to provide arguments or solutions concerning the extant controversies, but to clarify our understanding of how complexity works, where it comes from and how it is managed. To do so, this chapter will first develop two themes: the multiple causes of complexity and the decentralized system for managing this complexity. These themes, which lead to a gradual process of mainstreaming and normalization that is both legal and political, will then be explored in more detail in the context of the law on the use of force or jus ad bellum, IHL, and IHRL.

ILR: Tenth Anniversary

This week marks the International Law Reporter's tenth anniversary. Thanks to Ed Swaine for noticing. I'm very pleased that the blog has been embraced by so many people and has become such an important means for the dissemination of information concerning scholarship, events, and ideas related to international law. If you would like to join the more than 5000 persons who now follow ILR daily through various electronic services, you can sign up for the rss feed, become a twitter follower, or subscribe to the daily email updates. Please continue to contact me with announcements of events, conference and workshop programs, calls for papers/submissions, job openings, and current and forthcoming publications (in all languages). Your donation to support the blog's work - by clicking here or on the "Donate" button to the right - is greatly appreciated.

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 39, no. 2, May 2017) is out. Contents include:

• Roland Burke, Emotional Diplomacy and Human Rights at the United Nations
• Lea David, Against Standardization of Memory
• Andrew Fagan, Cultural Harm and Engaging the Limits of a Right to Cultural Identity
• Alicia Ely Yamin, Taking the Right to Health Seriously: Implications for Health Systems, Courts, and Achieving Universal Health Coverage
• Silvia Croydon, Progress or Prevarication? The Moves Towards the Establishment of a Human Rights Commission in Japan
• Steffen Jensen, Tobias Kelly, Morten Koch Anderson, Catrine Christiansen, & Jeevan Raj Sharma, Torture and Ill-Treatment Under Perceived: Human Rights Documentation and the Poor
• Alexander Mayer-Rieckh, Guarantees of Non-Recurrence: An Approximation
• Shareen Hertel, Corinne M. Tagliarina, & Catherine Buerger, Cheap Talk on Food: Party Politics in India and the Challenge of Implementing the Right to Food

Rohan & Zyberi: Defense Perspectives on International Criminal Justice

Colleen Rohan & Gentian Zyberi (Univ. of Oslo - Law) have published Defense Perspectives on International Criminal Justice (Cambridge Univ. Press 2017). Contents include:

• Howard Morrison, On the administering of international criminal justice
• Geert-Jan Knoops, The pioneering role of the defense counsel in international criminal trials: from Nuremberg to The Hague
• Colleen M. Rohan, Ethical standards in the practice of international criminal law
• Richard Harvey, Who needs a lawyer anyway? Self-representation and standby counsel in international criminal trials
• Gentian Zyberi, Navigating the tension between effective and efficient legal counselling and respecting the formal rules of the tribunals: what compass to use?
• Dominic Kennedy & Isabel Düsterhöft, Defense organisations and offices at the international courts and tribunals
• Semir Sali & Gentian Zyberi, Functional immunity of the defense counsel and defense staff from prosecution before domestic courts
• Masha Fedorova, The principle of equality of arms in international criminal proceedings
• Jens Dieckmann & Marie O'Leary, The role of the defense in the pre-trial stage
• Michael Karnavas, The role of the defense in the trial stage
• John Ackerman & Colleen M. Rohan, The role of the defense in the appellate stage
• Martin Petrov & Dejana Radisavljevic, Post-conviction remedies and the residual mechanism
• Gregor Guy-Smith, Developing a case theory and a defense strategy
• Wayne Jordash & Léa Kulinowski, Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part I)
• Wayne Jordash & Léa Kulinowski, Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part II)
• Annie O'Reilly, Affirmative defenses in international criminal proceedings
• Caroline Buisman & David Hooper, Defense investigations and the collection of evidence
• Dov Jacobs, A tale of four illusions: the rights of the defense before international criminal tribunals

Sixth Annual Junior Faculty Forum for International Law

Today through Wednesday, May 8-10, 2017, Dino Kritsiotis (Univ. of Nottingham), Anne Orford (Univ. of Melbourne), and J.H.H. Weiler (New York Univ.) will convene the Sixth Annual Junior Faculty Forum for International Law at the University of Nottingham. The program is here.

New Issue: Revista de Direito Internacional

The latest issue of Revista de Direito Internacional (Vol. 13, no. 3, 2016) is out. Contents include:

• Dossiê temático: Direito Transnacional
• Priscila Pereira de Andrade, Editorial — O Direito Transnacional: Circulação de normas e relações jurídicas transnacionais
• Priscila Pereira de Andrade, A emergência do direito transnacional ambiental
• Rosemerlin Estupiñan-Silva, Desafíos y respuestas transnacionales frente a los crímenes ambientales
• Géraud de Lassus Saint-Geniès, Direito transnacional e mudanças climáticas
• Maria Valeria Berros & Dabel Leandro Franco, Especies en movimiento: la Convención sobre el Comercio Internacional de Especies Amenazadas de Fauna y Flora Silvestres como espacio de “encuentro” de discursos, actores y estrategias en el derecho ambiental trasnacional.
• Adélie Pomade, El carácter transnacional del Sistema comunitario de ecogestion « Eco-Management and Audit Scheme » (EMAS) dentro de la UE y más allá de sus fronteras
• Gabriel Webber Ziero, O conceito de conduta empresarial responsável à luz dos ordenamentos jurídicos brasileiro, internacional e transnacional
• Vivian Daniele Rocha Gabriel, Arbitragem no Direito Tributário Internacional e no Direito Internacional dos Investimentos: uma manifestação do Direito Transnacional
• Franciele de Simas Estrela Borges, O Direito tributário sob uma perspectiva transnacional
• Flavia Foz Mange, O Direito Transnacional como um Processo Jurídico - uma Metodologia: um estudo das normas que regem os aspectos processuais da arbitragem
• Luiza Nogueira Barbosa & Valesca Raizer Borges Moschen, O Direito Transnacional (“Global Law”) e a crise de paradigma do Estado-centrismo: é possível conceber uma ordem jurídica transnacional?
• Mickael Viglino, Transporte aéreo e Direito Transnacional: da convergência à uniformidade
• Outros artigos
• Carlos Alberto Simões de Tomaz & Pablo Henrique Hubner de Lanna Costa, O Fundo Monetário Internacional e a proteção dos Direitos Humanos: Uma análise do programa de crescimento e redução da pobreza no Haiti
• Marina Yoshimi Takitani & Michelle Ratton Sanchez Badin, Um estranho no ninho? Padrões privados no Acordo de Barreiras Técnicas ao Comércio da OMC
• Eric Moraes Castro e Silva, Os benefícios tributários do programa Inovar-Auto e os princípios da Nação Mais Favorecida e do Tratamento Nacional: uma análise dos argumentos dos Painéis atualmente em curso contra o Brasil no Órgão de Solução de Controvérsias da OMC.
• Henrique Weil Afonso, A Era da Humanidade: reflexões para a história do Direito Internacional
• Patrícia Perrone Campos Mello, Precedentes vinculantes nos Estados Unidos da América e no Direito Brasileiro: um estudo comparado
• Elcio Nacur Rezende, Il diritto ambientale secondo l’ottica del diritto costituzionale positivo e la responsabilità per danni all’ambiente nel diritto comunitario: Lo stato dell’arte del diritto ambientale costituzionale e comunitario
• Daniel Amin Ferraz, Da desconsideração da personalidade jurídica nas relações consumeiristas brasileiras: análise à luz das teorias clássicas
• Vinai Kumar Singh, Analysis of Advantages and Disadvantages of Forums Prescribed under the UNCLOS and State Practice: Ways Ahead for India
• Jânia Maria Lopes Saldanha, Rafaela da Cruz Mello, & Têmis Limberger, Do governo por leis à governança por números: breve análise do Trade in Service Agreement (TISA).
• Tatiana de A. F. R. Cardoso Squeff, O desenvolvimento da política agrícola comum da União Europeia
• Fernanda Araújo Kallás e Caetano, A imunidade de jurisdição das Organizações Internacionais face ao direito de acesso à justiça
• Ademar Junior Pozzatti, O direito internacional entre o dever ético e a ação política: Os fundamentos de um dever de cooperação internacional na filosofia política de Immanuel Kant
• Marcus Vinícius Xavier de Oliveira, Extensão e fragmentação no contexto da jurisdição penal internacional
• Nitish Monebhurrun, Michelle Lucas Cardoso Balbino, Fernanda Castelo Branco Araujo, Othon Pantoja, Maíra Bogo Bruno, & Cândida Dettenborn Nóbrega, A definição jurídica da comunidade
• LI Xiaoming LI Yihan, Comparative Study on Chinese Local Legislation of Science and Technology Progress
• Priscilla Brito Silva Vieira & Bruno Amaral Machado, O controle penal do tráfico de pessoas: construção jurídica, interações organizacionais e cooperação internacional
• Israel Paulino & José Francisco Rezek, Desativismo judicial: a extradição Battisti no Supremo Tribunal Federal
• Alice Rocha da Silva & Ruth M. P. Santos, As diretivas europeias como norma reguladora do direito administrativo global
• José Carlos Vaz e Dias & Clarisse De La Cerda, A decisão Norte-Americana do caso Myriad: novos paradigmas para a proteção patentária do código genético humano e biotecnologia