Saturday, December 30, 2017

Morosini & Sanchez Badin: Reconceptualizing International Investment Law from the Global South

Fabio Morosini (Universidade Federal do Rio Grande do Sul - Law) & Michelle Ratton Sanchez Badin (Fundacao Getulio Vargas - Law) have published Reconceptualizing International Investment Law from the Global South (Cambridge Univ. Press 2017). Contents include:
  • Michelle Ratton Sanchez Badin & Fabio Morosini, Reconceptualizing international investment law from the global South
  • Vivienne Bath, The South and alternative models of trade and investment regulation – Chinese investment and approaches to international investment agreements
  • Rodrigo Polanco Lazo, The Chilean experience in South-South investment and trade agreements
  • Vivienne Bath, Australia and the Asia-Pacific: the regulation of investment flows into Australia and the role of free trade agreements
  • James Nedumpara, India's trade and investment agreements: striking a balance between investor protection rights and development concerns
  • Michelle Ratton Sanchez Badin & Fabio Morosini, Navigating between resistance and conformity with the international investment regime: the Brazilian agreements on cooperation and facilitation of investments (ACFIs)
  • Malebakeng Agnes Forere, The New South African protection of investment act: striking a balance between attraction of FDI and redressing the Apartheid Legacies
  • Andrew Lang & Nicolás Marcelo Perrone, Experimenting with international investment law: initiatives from the Global South

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 15, no. 5, December 2017) is out. Contents include:
  • In Memoriam
    • In Memoriam: M. Cherif Bassiouni,1937–2017
  • Articles
    • Yvonne McDermott, The International Criminal Court’s Chambers Practice Manual: Towards a Return to Judicial Law Making in International Criminal Procedure?
    • Rosemary Grey, The ICC’s First ‘Forced Pregnancy’ Case in Historical Perspective
    • Emily Haslam & Rod Edmunds, Whose Number is it Anyway?: Common Legal Representation, Consultations and the ‘Statistical Victim’
    • Olga Kavran, International Criminal Courts and the Right to Information
  • Cases Before International Courts and Tribunals
    • Alexander Heinze, The Kosovo Specialist Chambers’ Rules of Procedure and Evidence: A Diamond Made Under Pressure?
  • National Prosecution of International Crimes: Legislation and Cases
    • Hector Olasolo & Joel M F Ramirez Mendoza, The Colombian Integrated System of Truth, Justice, Reparation and Non-Repetition

Friday, December 29, 2017

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 56, no. 6, December 2017) is out. Contents include:
  • Prosecutor v. Al-Bashir: Decision Under Article 87(7) of the Rome Statute on the Non-Compliance by South Africa with the Request by the Court for the Arrest and Surrender of Omar Al-Bashir (Int'l Crim. Ct.), with introductory note by Max du Plessis
  • Zongo v. Burkina Faso, Judgment & Judgment on Reparations (Afr. Ct. H.P.R.), with introductory note by Oliver Windridge
  • United Nations Security Council Resolutions 2199 & 2253, with introductory note by Jimmy Gurulé
  • United Nations Security Council Resolutions 2321, 2371, & 2375, with introductory note by Meredith Rathbone and Pete Jeydel
  • Presidential Policy Guidance: Procedures for Approving Direct Action Against Terrorist Targets Located Outside The United States and Areas of Active Hostilities, with introductory note by Rita Siemion

Thursday, December 28, 2017

New Issue: Asian International Arbitration Journal

The latest issue of the Asian International Arbitration Journal (Vol. 13, no. 1, 2017) is out. Contents include:
  • Kenneth Beale & Nelson Goh, Due Process Challenges in Asia: An Emerging High Bar
  • João Ribeiro & Shunsuke Sato, Transparency in Investment Arbitration: Its Importance for Japan
  • Ikram Ullah, Judicial Review of Arbitral Award in Pakistan
  • Luxi Gan & Shudong Yang, Issues in the Recognition and Enforcement of Foreign Arbitral Awards in China
  • Varun Mansinghka, Third-Party Funding in International Commercial Arbitration and its Impact on Independence of Arbitrators: An Indian Perspective

Mälksoo & Benedek: Russia and the European Court of Human Rights: The Strasbourg Effect

Lauri Mälksoo (Univ. of Tartu - Law) & Wolfgang Benedek (Karl-Franzens-Universität Graz - Institute of International Law and International Relations & European Training and Research Centre for Human Rights and Democracy) have published Russia and the European Court of Human Rights: The Strasbourg Effect (Cambridge Univ. Press 2017). Contents include:
  • Lauri Mälksoo, Introduction: Russia, Strasbourg and the paradox of a human rights backlash
  • Petra Roter, Russia in the Council of Europe: participation a la carte
  • Anton Burkov, The use of European human rights law in Russian courts
  • Sergei Marochkin, ECtHR and the Russian Constitutional Court: duet or duel?
  • Alexei Trochev, The Russian Constitutional Court and the Strasbourg court: judicial pragmatism in a dual state
  • Mikhail Antonov, Philosophy behind human rights: Valery Zorkin vs the West
  • Bill Bowring, Russia's cases in the ECtHR and the question of socialization
  • Elisabet Fura & Rait Maruste, Russia's impact on the Strasbourg system: as seen by two former judges of the European Court of Human Rights
  • Philip Leach, Egregious human rights violations in Chechnya: the continuing pursuit of justice
  • Vladislav Starzhenetskiy, Property rights in Russia: reconsidering the socialist legal tradition
  • Dmitri Bartenev, LGBT rights in Russia and European human rights standards
  • Benedikt Harzl, Nativist ideological responses to European/liberal human rights discourses in contemporary Russia
  • Wolfgang Benedek, General conclusions

Wednesday, December 27, 2017

Gill, Fleck, Boothby, & Vanheusden: Leuven Manual on the International Law Applicable to Peace Operations

Terry Gill (Univ. of Amsterdam - Law), Dieter Fleck (formerly, Ministry of Defense, Germany), William H. Boothby (formerly, Royal Air Force Legal Services), & Alfons Vanheusden (Ministry of Defense, Belgium) have published Leuven Manual on the International Law Applicable to Peace Operations (Cambridge Univ. Press 2017). Here's the abstract:
The Leuven Manual is the authoritative, comprehensive overview of the rules that are to be followed in peace operations conducted by the United Nations, the European Union, NATO, the African Union and other organisations, with detailed commentary on best practice in relation to those rules. Topics covered include human rights, humanitarian law, gender aspects, the use of force and detention by peacekeepers, the protection of civilians, and the relevance of the laws of the host State. The international group of expert authors includes leading academics, together with military officers and policy officials with practical experience in contemporary peace operations, supported in an individual capacity by input from experts working for the UN, the African Union, NATO, and the International Committee of the Red Cross. This volume is intended to be of assistance to states and international organisations involved in the planning and conduct of peace operations, and practitioners and academia.

Cameron: The Privatization of Peacekeeping: Exploring Limits and Responsibility under International Law

Lindsey Cameron (International Committee of the Red Cross) has published The Privatization of Peacekeeping: Exploring Limits and Responsibility under International Law (Cambridge Univ. Press 2017). Here's the abstract:
Private military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.

Tuesday, December 26, 2017

New Issue: Manchester Journal of International Economic Law

The latest issue of the Manchester Journal of International Economic Law (Vol. 14, no. 3, 2017) is out. Contents include:
  • Aniruddha Rajput, Safeguarding India's Regulatory Autonomy: Objectives, Process and Possible Outcomes
  • David Collins, The UK Should Include ISDS in its Post-Brexit International Investment Agreements
  • Noam Zamir, The Police Powers Doctrine in International Investment Law
  • Oscar C.H. Yang, Continuing Anti-Dumping Investigations despite De Minimis Dumping Margins: The Case of Canada - Welded Pipe
  • Marina Fyrigou-Koulouri, Sovereign Debt Restructuring: Is There a Place for International Investment Arbitration?

Symposium: The Psychology of International Law

On January 9-10, 2018, the European Society of International Law, the Hebrew University of Jerusalem, and the University of St. Gallen will hold a symposium on "The Psychology of International Law," in Jerusalem. The program is here.

Methymaki & Tzanakopoulos: Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception

Eleni Methymaki (Univ. of Glasgow - Law) & Antonios Tzanakopoulos (Univ. of Oxford - Law) have posted Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception (in Exceptions and Defences in International Law, Federica Paddeu & Lorand Bartels eds, forthcoming). Here's the abstract:
The relationship between the rules on state jurisdiction and sovereign immunity, as well as the rules of sovereign immunity between themselves, has been the subject of long-standing debate among international lawyers, as well as international and domestic courts. Although the starting point of any discussion is the jurisdiction of the territorial state, it is also accepted that domestic courts are barred from exercising such jurisdiction over acts of another sovereign. This latter rule has its own exceptions, namely that a foreign state is not entitled to immunity for acts performed in a commercial capacity and certain other limited circumstances. What are the consequences of such a rule-exception-exception to the exception relationship, and do they affect the waiver of immunity, the burden of proof, or the interpretation of these norms? This chapter argues that the relationship between jurisdiction and immunity as rule and exception has, in the final analysis, no particular normative weight in their application and interpretation by courts and other law-applying actors.

Christensen: The Social Structure of Transnational Criminal Justice: A Cluster of Spaces Beyond National Borders

Mikkel Jarle Christensen (Univ. of Copenhagen - Law) has posted The Social Structure of Transnational Criminal Justice: A Cluster of Spaces Beyond National Borders (in New Perspectives on the Structure of Transnational Criminal Justice, Mikkel Jarle Christensen & Neil Boister eds., forthcoming). Here's the abstract:
This article analyses elements of the social structure of transnational criminal justice. The main goal of the analysis is to investigate, if the terminology crafted around transnational criminal law as a distinct legal system corresponds to the social structuration of this space as it can be observed in the justice practices that drive it. To enable such an analysis, the article contributes both a theoretical discussion of how best to conceptualise the social spaces of transnational criminal justice as well as, more cautiously, an empirical investigation into the workings of these spaces, focusing the fight against drugs, terrorism, corruption and ecological crimes. Building conceptually on Pierre Bourdieu’s field theory, the analytical focal point of the article is the practices of transnational criminal justice and the professionals who are active in this space. This raises crucial questions of how the social practices of transnational criminal justice structures usages and developments of the law. Based on the identification and analysis of four separate but interrelated spaces of practice, the article argues that our theoretical understanding of transnational criminal justice and law needs to be recalibrated to take into account the different ways in which it is mobilised to create either security or good governance.

Monday, December 25, 2017

New Issue: Journal of East Asia and International Law

The latest issue of the Journal of East Asia and International Law (Vol. 10, no. 2, Autumn 2017) is out. Contents include:
  • Issue Focus: Legal Aspects of Renewable Energy Development
    • Weidong Yang, Problems and Adjustments of Renewable Energy Legislation in China
    • Kenji Asano, Enactment and Enforcing Processes of the Japanese Feed in Tariff Law: Difficulties for Maximizing Renewable's Diffusion while Minimizing National Burden
  • Articles
    • Gary Lilienthal & Nehaluddin Ahmad, Communis Opinio and Jus Cogens: A Critical Review on Pro-Torture Law and Policy Argument
    • Yong Wang, China's Practice in Treaty Reservations since 1949: A Critical Review
  • Notes & Comments
    • Lin Zhang & Lingsheng Zhang, Research and Teaching of International Law in Contemporary China: A Landscape Sketch
    • Eric Yong Joong Lee, Will Trump's Military Option against North Korea Work? Legal and Political Restraints
  • Regional Focus & Controversies: nternational Law and Natural Phenomenon
    • Natalia Y. Puspita, Natural Disaster in Armed Conflict Area: The Implementation of the Doctrine of Responsibility to Protect in the ASEAN
    • Hao Shen, International Deep Seabed Mining and China's Legislative Commitment to Marine Environmental Protection
  • East Asian Observer
    • Sunjoo Kang & Younjoo Kim & Insook Kim, Refugee's Rights to HIV/AIDS Healthcare in Korea under the UNAIDS Guidelines
    • N. Kala & Y. Abaydeldinov & T. Furman & A. Ponomarev, The World Tourism Organization for Countering Terrorist Threats

Sunday, December 24, 2017

New Issue: Diritti umani e diritto internazionale

The latest issue of Diritti umani e diritto internazionale (Vol. 11, no. 3, 2017) is out. Contents include:
  • Studi
    • Pasquale De Sena, Dignità umana in senso oggettivo e diritto internazionale
    • Concetta Maria Pontecorvo, La gestione internazionale delle emergenze sanitarie globali alla luce del caso Ebola: quid novi?
  • Interventi
    • Silvia Favalli, La Convenzione ONU sui diritti delle persone con disabilità nella giurisprudenza di Strasburgo: considerazioni a margine della sentenza Guberina c. Croazia
    • Giustizia transizionale: ruolo delle vittime e ammissibilità di misure di amnistia o di riduzione delle sanzioni in caso di gravi violazioni dei diritti umani
    • Elena Carpanelli, Transitional Justice in Colombia: Shadows and Lights of the Agreement on Victims of the Conflict
    • Gabriella Citroni, Rodríguez-Bronchú Carceller, Transitional Justice in Nepal: From Promise of Redress to New Tool for Exclusion?
    • Annalisa Zamburlini, El Salvador, dai massacri alla ricerca di giustizia: il ruolo della società civile
  • Osservatorio
    • Marina Castellaneta, La Corte europea dei diritti umani e l’applicazione del principio dell’abuso del diritto nei casi di hate speech
    • Ludovica Poli, Infondatezza manifesta… ma solo per alcuni: riflessioni a margine del caso Charlie Gard
    • Alberto Miglio, La condizionalità di fronte alla Corte di giustizia