Sunday, May 20, 2018

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 13, no. 5, 2018) is out. Contents include:
  • Davide Rovetta, Laura Carola Beretta, & Agnieszka Smiatacz, The Court of Justice of the European Union Judgment in the Hamamatsu Case: Defending EU Customs Valuation Law from the ‘Transfer Pricing Folly’ in Customs Matters
  • Jean-Pierre Méan & Holger Gehring, Implementing ISO 37001 to Manage Your Bribery Risks
  • Amir Ahmadi, The Impact of Economic Sanctions and the JCPOA on Energy Sector of Iran
  • Frank Kalizinje, Combating Customs Revenue Fraud in WCO East and Southern African Region: A Mirror Analysis Through the Lens of Malawi

Dannenbaum: The Crime of Aggression, Humanity, and the Soldier

Tom Dannenbaum (Tufts Univ. - Fletcher School) has published The Crime of Aggression, Humanity, and the Soldier (Cambridge Univ. Press 2018). Here's the abstract:
The international criminality of waging illegal war, alongside only a few of the gravest human wrongs, is rooted not in its violation of sovereignty, but in the large-scale killing war entails. Yet when soldiers refuse to kill in illegal wars, nothing shields them from criminal sanction for that refusal. This seeming paradox in law demands explanation. Just as soldiers have no right not to kill in criminal wars, the death and suffering inflicted on them when they fight against aggression has been excluded repeatedly from the calculation of post-war reparations, whether monetary or symbolic. This, too, is jarring in an era of international law infused with human rights principles. Tom Dannenbaum explores these ambiguities and paradoxes, and argues for institutional reforms through which the law would better respect the rights and responsibilities of soldiers.

Call for Papers: On the Origins of International Legal Thought

A call for papers has been issued for a seminar on "On the Origins of International Legal Thought," to take place December 7, 2018, at the Lauterpacht Centre for International Law. Here's the call:

CALL FOR PAPERS

On the Origins of International Legal Thought

Lauterpacht Centre for International Law
University of Cambridge

Friday December 7th, 2018

Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today. Perspective is everything. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform so much of the international legal tradition, and it is unobvious why tomorrow will be any different.

An intimate seminar will take place across one day at the Lauterpacht Centre for International Law towards the end of Michaelmas Term. Participation is open to academics from around the world. The conference is free, with little chance of a per diem reimbursement, however there may be some prospect for the remuneration of a portion of travel and accommodation expenses in exceptional cases.

A handful of candidates will be invited to participate personally, and this line-up will be confirmed at a later date. On top of this, there are between three and four positions available to be filled. Although the call is open to historians and legal scholars working in any period from Ancient Rome to the present, preference will be shown towards historical research framed within the period between 1860 and 1939, especially if concern is shown for private international law, public international law, or legal/state personality in this period. Sympathy towards imperial, interpolitical, and/or interreligious perspectives will be especially welcome. More than anything else, participants should be prepared to contemplate the dynamism of legal thought in various contexts. If your work meets a good standard, there is every prospect of inclusion within an edited collection of chapters, entitled Empire and Legal Thought (Oxford University Press). If you would like to be included within this collection, a full chapter of 8,000 words will need to be provided before the end of the calendar year. Please, therefore, send an abstract of between 200 and 500 words, along with some indication of whether or not you would like to contribute a chapter to a volume for OUP, to lawandempirecambridge@gmail.com, by July 31st, 2018. All things considered, participants who are prepared to publish a chapter along the lines of the presentation will be favoured at the shortlisting stage.

This seminar will be organised and led by Dr Edward Cavanagh FRHistS is a Fellow of Downing College, a Fellow of the Lauterpacht Centre of International Law, an Associate Fellow at the Institute for Commonwealth Studies, and a member of the Faculty of History at the University of Cambridge. He has published several articles across law and history in a number of well reputed outlets, including Law and History Review, Itinerario, Modern Intellectual History, Historical Journal, Comparative Legal History, History Compass, South African Journal on Human Rights, and Journal of Imperial and Commonwealth History.

Laird, Sabahi, Sourgens, & Weiler: Investment Treaty Arbitration and International Law - Volume 11

Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, & Todd J. Weiler have published Investment Treaty Arbitration and International Law - Volume 11 (Juris Publishing 2018). The table of contents is here.

Saturday, May 19, 2018

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 18, no. 2, May 2018) is out. Contents include:
  • The Global Environmental Politics of Food
    • Jennifer Clapp & Caitlin Scott, The Global Environmental Politics of Food
    • Jennifer Clapp, Mega-Mergers on the Menu: Corporate Concentration and the Politics of Sustainability in the Global Food System
    • Peter Dauvergne, The Global Politics of the Business of “Sustainable” Palm Oil
    • Peter Newell, Olivia Taylor, & Charles Touni, Governing Food and Agriculture in a Warming World
    • Liam Campling & Elizabeth Havice, The Global Environmental Politics and Political Economy of Seafood Systems
    • Caitlin Scott, Sustainably Sourced Junk Food? Big Food and the Challenge of Sustainable Diets
    • Shana M. Starobin, Beekeepers Versus Biotech: Commodity Characteristics and Regulatory Interdependence in the Global Environmental Politics of Food
    • Tony Weis, Ghosts and Things: Agriculture and Animal Life
    • Mairon G. Bastos Lima, Toward Multipurpose Agriculture: Food, Fuels, Flex Crops, and Prospects for a Bioeconomy

Ali: Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance

Nathanael Tilahun Ali (Erasmus Univ. Rotterdam - Law) has published Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance (Routledge 2018). Here's the abstract:

Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance – the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate.

Through a critical assessment of international regulatory counter-terrorism in three areas – financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods – this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability.

Dupuy: Ordre juridique et désordre international

Pierre-Marie Dupuy (Université Paris 2 Panthéon-Assas - Law) has published Ordre juridique et désordre international (Pedone 2018). Here's the abstract:

Comment comprendre l’architecture du droit international qui repose sur de grands principes unificateurs gardés par le juge international, mais embrasse une multitudes de normes et systèmes qui tendent au contraire à le fragmenter ? Tel est l’un des principaux sujets de réflexion de Pierre-Marie Dupuy qu’on trouve développé dans plusieurs articles de ce recueil qui révèlent une constance admirable que son Cours général à l’Académie de droit international avait mise en évidence et qui justifient le titre de cet ouvrage qui, cependant, ne se limite pas, loin de là, à ce questionnement mais offre au lecteur un florilège d’écrits qui relèvent tant de la technique que de la théorie, de l’histoire et de la philosophie du droit. Il y a en somme une unité de pensée de l’auteur dans la diversité de ses objets d’attention et analyses.

Un autre facteur d’unité remarquable est le fait que l’auteur n’entend pas, ni n’a jamais entendu, s’enfermer dans une étude purement juridique du seul univers juridique international. Trop conscient que, s’il existe bien un ordre juridique international, le monde est plongé dans un désordre politique international, Pierre-Marie Dupuy ne cesse de réfléchir à cette inadéquation entre cet ordre juridique et ce désordre politique, entre une promesse de paix et d’humanité et la prévalence des conflictualités. Il s’agit de montrer, d’une part, que celle-ci n’est pas si importante que certains se plaisent à le dire, le droit international s’adaptant à ce qui lui est extérieur, et surtout d’accepter de traiter le droit international pour ce qu’il est, un système dont l’efficacité est tributaire de facteurs qui lui sont extérieurs et de l’analyser au regard de ceux-ci.

Pierre-Marie Dupuy n’a jamais pu se contenter de décrire le droit international, mais invite toujours à le comprendre sans hésiter à le critiquer et simultanément à en découvrir les promesses. Et s’il veut croire à ces dernières, passant incessamment du monde des idées à celui de la pratique, l’auteur reste lucide et montre leurs limites, comme pour mieux les dépasser.

Friday, May 18, 2018

Sommario: Stati d’emergenza e trattati a tutela dei diritti umani

Emanuele Sommario (Scuola Superiore Sant’Anna of Pisa - Law) has published Stati d’emergenza e trattati a tutela dei diritti umani (G. Giappichelli Editore 2018). Here's the abstract:
Armed conflicts, terrorist attacks or natural disasters often prompt governments to declare a state of emergency. While sometimes the proclamation of a public emergency is necessary (or at least justifiable), such moves can also mask repressive government policies, threatening individual and collective rights. Recent developments in Turkey would seem to be a case in point. To curb this threat, international law regulates States’ derogation from their human rights obligations through a two-stepped test: 1) Is the situation sufficiently serious to warrant a state of emergency? 2) If the answer is affirmative, are the exceptional measures adopted really necessary to address (or to contain) the emergency? This book offers a comprehensive overview on how derogation clauses have been interpreted by treaty monitoring bodies that were asked to apply the above test. Differences and similarities in the interpretative work of European, Inter-American and UN bodies are highlighted, and explanations for divergences in their approach are explored. A second part of the book considers the legal nature of derogation clauses under general international law, contrasting them with the norms precluding the wrongfulness of State conduct, and the rules concerning the termination or suspension of treaties. The existence of customary law principles regarding the suspension of human rights is also examined. Last, the book provides some recommendations aimed at making the work of treaty monitoring bodies more effective when dealing with genuine or alleged emergencies.

Decoeur: Confronting the Shadow State: An International Law Perspective on State Organized Crime

Henri Decoeur has published Confronting the Shadow State: An International Law Perspective on State Organized Crime (Oxford Univ. Press 2018). Here's the abstract:

This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon.

State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes.

The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions.

The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

New Issue: International Interactions

The latest issue of International Interactions (Vol. 44, no. 4, 2018) is out. Contents include:
  • Babak RezaeeDaryakenari & Cameron G. Thies, Secrecy and Self-Interest: When Mediators Act Deceitfully
  • Timm Betz, Domestic Institutions, Trade Disputes, and the Monitoring and Enforcement of International Law
  • Evangeline Reynolds, Amâncio Jorge Silva Nunes De Oliveira, Janina Onuki & Matthew S. Winters, Attitudes toward Consent-Based and Non-Consent-Based International Law in a Regional Power Context
  • Dursun Peksen & Byungwon Woo, Economic Sanctions and the Politics of IMF Lending
  • Jeremy M. Berkowitz, Delegating Terror: Principal–Agent Based Decision Making in State Sponsorship of Terrorism
  • Milos Popovic, Inter-Rebel Alliances in the Shadow of Foreign Sponsors
  • Muhammet A. Bas, Omer F. Orsun & Robert J. Schub, Accounting for Extra-Dyadic Sources of International Outcomes
  • Yehuda Magid & Justin Schon, Introducing the African Relational Pro-Government Militia Dataset (RPGMD)

Thursday, May 17, 2018

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added to the UN Audiovisual Library of International Law a series of lectures on various subjects pertaining to the Council of Europe. They were given by Jörg Polakiewicz on “The Council of Europe: Its Objectives and Activities,” Marco Leidekker on “The Council of Europe’s Work on the Protection of Minorities,” Henrik Kristensen on “Social Rights and the Council of Europe,” Marta Requena on “The Work of the Committee of Legal Advisers on Public International Law,” and Jeroen Schokkenbroek on “Preventing Torture and Other Ill-Treatment in Europe: The Role of the Council of Europe.”

Call for Session Proposals: 2019 ASIL Annual Meeting

The American Society of International Law has issued a call for session proposals for its 113th Annual Meeting, which will take place March 27-30, 2019, in Washington, DC. The conference theme is: "International Law as an Instrument." Here's the call:

International Law as an Instrument

Actors on the international stage use a variety of tools to address their concerns, from climate change to economic development; from humanitarian crises to cross-border disputes; from commercial regulation to global trade. Governments and international organizations employ diplomacy and coercion, corporations use negotiation and persuasion, and non-governmental organizations engage in fact-finding and advocacy. And all of these actors affect and are affected by international law and use the international legal system to effectuate change and solve problems.

The 2019 Annual Meeting of the American Society of International Law (ASIL) will focus on the distinctive ways international law serves as an instrument that national and international actors invoke and deploy, and by which they are constrained. How does international law shape the perceptions of the interests and problems of diverse global actors and help frame solutions? Is international legal language a useful medium for the development and dissemination of globalized norms? Under what conditions is international law most effective? Are international institutions effective instruments for addressing complex global challenges?

At the 2019 Annual Meeting, ASIL invites international lawyers from all sectors of the profession, policymakers, and experts from other fields to reflect on the different ways in which international law plays a role in identifying and resolving global problems.

Thematic Tracks:

  • Criminal Law, Human Rights, Migration
  • Dispute Resolution
  • Foreign Relations and National Security Law
  • Global Commons
  • International Business
  • International Peace and Security

Call for Session Proposals

To suggest a session to the Committee, please complete the form below by no later than July 16, 2018.

Click to Access Proposal Form

Ruys & Corten: The Use of Force in International Law: A Case-Based Approach

Tom Ruys (Univ. of Ghent - Law) & Olivier Corten (Université Libre de Bruxelles - Law) have published The Use of Force in International Law: A Case-Based Approach (Oxford Univ. Press 2018). The table of contents is here. Here's the abstract:

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them.

Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

Conference: XXIII Convegno annuale della SIDI

The Italian Society of International Law and European Union Law will hold its Twenty-Third Annual Conference on June 7-8, 2018, at the Università di Ferrara. The theme is: "Codification in International and EU Law/La codificazione nel Diritto internazionale ed europeo." The program is here. Pre-conference interest group events can be found here.

Park: The Right to Life in Armed Conflict

Ian Park has published The Right to Life in Armed Conflict (Oxford Univ. Press 2018). Here's the abstract:

The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves.

In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.

Yackee: Protecting the French Investor Abroad: Expropriation, Diplomacy, and Sugar in the Congo, 1970-1978

Jason W. Yackee (Univ. of Wisconsin - Law) has posted Protecting the French Investor Abroad: Expropriation, Diplomacy, and Sugar in the Congo, 1970-1978. Here's the abstract:
This article examines the methods and mechanics, the scope and the limitations, of France’s efforts to protect its investors abroad during the post-colonial period. The article tells the story of the Republic of Congo’s nationalization in 1970 of the Société industrielle et agricole du Niari (SIAN). At the time of independence, the company, controlled by the powerful Vilgrain family, was the Congo’s largest private employer. The SIAN episode provides fertile ground for exploring the theme of post-colonial entanglements from a political-economic perspective. It especially illustrates how those entanglements provided both obstacles to and opportunities for neo-imperial influence, just as they provided obstacles to and opportunities for acts of authentic sovereign independence. The article suggests that France’s, the Congo’s, and the Vilgrain family’s mutual interdependence served to insulate the effects of the SIAN nationalization on the larger Franco-Congolese relationship while also providing, eventually, a certain measure of compensation for the despoiled investor.

Yildirim, Poletti, Chatagnier, & De Bièvre: Multinational Firms, Value Chains, and Trade Disputes: Explaining Dispute Onset at the World Trade Organization

Aydin Yildirim (European Univ. Institute), Arlo Poletti (Università degli Studi di Trento), Tyson Chatagnier (Univ. of Houston - Political Science), & Dirk De Bièvre have posted Multinational Firms, Value Chains, and Trade Disputes: Explaining Dispute Onset at the World Trade Organization. Here's the abstract:
In this paper we aim to explain World Trade Organization (WTO) members’ decision to initiate a dispute at the WTO. Since many potential violations of WTO law remain unchallenged, we explore the conditions under which WTO members complain about only some allegedly WTO-incompatible policies, while leaving a large majority of them unchallenged. While there may be different reasons why governments choose to initiate certain disputes, we are especially interested in the relationship between potential and actual trade disputes on the one hand and the degree of integration into so-called global value chains (GVCs) on the other. We demonstrate that decision-makers are more likely to try and eliminate barriers to cross-border trade by tabling WTO complaints when facing pressures to do so by firms and sectors highly integrated into such GVCs. Potential complainants’ policymakers act strategically when considering whether to initiate a formal dispute. Responding to demands of firms and sectors that are highly integrated in GVCs allows complainants’ policymakers to secure the support of politically powerful domestic constituencies while simultaneously minimizing the administrative burdens and the potential negative externalities for bilateral diplomatic relations that a WTO dispute can bring about. We test our hypothesis by examining data from the US using a binomial logistic regression and Cox proportional hazard model and find that trade barriers are both more likely to be filed as disputes and quicker in being tabled at the WTO in sectors highly integrated into GVCs, while controlling for other factors.

Wednesday, May 16, 2018

New Volume: Austrian Review of International and European Law

The latest volume of the Austrian Review of International and European Law (Vol. 20, 2015) is out. Contents include:
  • Karl Zemanek, Court Generated State Practice?
  • Georg Nolte, Court Generated State Practice? A Response to Karl Zemanek
  • Santiago Torres Bernárdez, Court Generated State Practice? (Karl Zemanek) – A Commentary
  • Markus P Beham, Could State Practice Ever Not Play a Role in the Formation of Custom? The Ghosting of Tacit Agreements in International Law
  • Malgosia Fitzmaurice & Panos Merkouris, Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the Amendment/Modification/Revision of Treaties
  • Serena Forlati, On ‘Court Generated State Practice’: The Interpretation of Treaties as Dialogue between International Courts and States
  • Christina Binder, A Legitimacy Perspective on Court Generated State Practice
  • Ralph Janik, How Many Divisions Does the European Court of Human Rights Have? Compliance and Legitimacy in Times of Crisis
  • Ilias Bantekas, Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law of Treaties
  • Jan Klabbers, Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians
  • Gerhard Hafner, Modification of Treaties by Subsequent Practice – Some Comments on the Austrian Position
  • Peter Hilpold, EU Development Cooperation: A Stock-Taking and a Vision for the Future

Tuesday, May 15, 2018

Moon: Regulating Offshore Finance

William J. Moon (New York Univ. - Law) has posted Regulating Offshore Finance (Vanderbilt Law Review, forthcoming). Here's the abstract:

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic scope of federal statutes have created a space for commercial actors to circumvent regulation by incorporating in offshore jurisdictions. Under this jurisprudence, financial transactions completed through offshore commercial entities are often, albeit not categorically, seen as “extraterritorial” transactions beyond the reach of federal statutes. This makes it increasingly difficult for private litigants to bring statutory claims designed to protect the workings of the market, even in cases that are predominantly connected to the United States. After documenting how offshore jurisdictions enable commercial entities to opt out of federal regulatory statutes, this Article critiques the Supreme Court’s recent extraterritoriality jurisprudence that risks breeding a cottage industry of private regulatory evasion.

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Hilpold: Autonomy and Self-determination: Between Legal Assertions and Utopian Aspirations

Peter Hilpold (Univ. of Innsbruck - Law) has published Autonomy and Self-determination: Between Legal Assertions and Utopian Aspirations (Edward Elgar Publishing 2018). Contents include:
  • Peter Hilpold, Introduction
  • Peter Hilpold, Self-determination and Autonomy: Between Secession and Internal Self-determination
  • Brad R. Roth, The Relevance of Democratic Principles to the Self-Determination Norm
  • Rein Müllerson, Self-Determination and Secession: Similarities and Differences
  • Markku Suksi, The Referendum as an Instrument for Decision-making in Autonomy-related Situations
  • Ulrike Haider-Quercia, Secession as a New Constitutional Problem: the question of independence in autonomy systems
  • Hannes Hofmeister & Belen Olmos Giupponi, ‘Free at Last’? Scotland, Independence and EU Membership
  • Antonello Tancredi, Italian Approaches to Self-determination: Theory and Practice
  • Stefan Oeter, The Kurds between Discrimination, Autonomy and Self-determination
  • Xabier Arzoz, Autonomy and Self-determination in Spain: a Constitutional Law Perspective
  • Eugenia López-Jacoiste, Autonomy and Self-determination in Spain: Catalonia’s Claims for Independence from the Perspective of International Law
  • Daniel Turp & Anthony Beauséjour, Self-determination, Autonomy, Independence, and the Case of Québec

Newman & Posner: Voluntary Disruptions: International Soft Law, Finance, and Power

Abraham L. Newman (Georgetown Univ. - School of Foreign Service) & Elliot Posner (Case Western Reserve Univ. - Political Science) have published Voluntary Disruptions: International Soft Law, Finance, and Power (Oxford Univ. Press 2018). Here's the abstract:

From home mortgages to i-phones, basic elements of our daily lives depend on international economic markets. The astonishing complexity of these exchanges may seem ungoverned.

Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, economic governance increasingly relies on a different class of international market regulation - soft law - comprised of voluntary standards, best practices, and recommended guidance created by a motley assortment of international organizations.

Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law's potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms - legitimacy claims and arena expansion - the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance.

Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms towards international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, this volume answers enduring and pressing questions about global finance, International Relations, and power.

Gasbarri: The International Responsibility of the OSCE

Lorenzo Gasbarri (Univ. College London - Law) has posted The International Responsibility of the OSCE (in The Legal Framework of the OSCE, Mateja Steinbrück Platise, Carolyn Moser, & Anne Peters eds., forthcoming). Here's the abstract:
This paper contributes to the research project on the OSCE Legal Framework led by the Max Planck Institute for Comparative Public Law and International Law. It deals with the OSCE’s international responsibility by distinguishing three different but correlated phenomena: (1) its capacity to develop a legal system; (2) its possession of legal personality, whether international or domestic, does not compromise the existence of the institution as such; and (3) how its international responsibility is dependent upon the fact that the OSCE is either considered as founded by an instrument of international law or by an act of creation not based on international law. The introduction sets the scene describing the work of the International Law Commission. Section 2 further discusses the interaction between legal personality and the development of an ‘original’ or ‘derivative’ legal system. Section 3 then discusses four possibilities: (1) the OSCE possesses a derivative legal system and does not have international legal personality; (2) the OSCE possesses a derivative legal system and does have international legal personality; (3) the OSCE possesses an original legal system and does not have international legal personality; and (4) the OSCE possesses an original legal system and does have international legal personality. This paper does not define once and for all what the OSCE is and how its legal responsibility is to be assessed, but instead discusses the potential consequences that different legal constructions would have on its responsibility.The paper contributes to the law of international organizations analyzing how their international responsibility is affected by the adoption of one or another concept of legal system.

Zürn: A Theory of Global Governance: Authority, Legitimacy, and Contestation

Michael Zürn (WZB & Freie Universität Berlin) has published A Theory of Global Governance: Authority, Legitimacy, and Contestation (Oxford Univ. Press 2018). Here's the abstract:
This book offers a major new theory of global governance, explaining both its rise and what many see as its current crisis. The author suggests that world politics is now embedded in a normative and institutional structure dominated by hierarchies and power inequalities and therefore inherently creates contestation, resistance, and distributional struggles. Within an ambitious and systematic new conceptual framework, the theory makes four key contributions. Firstly, it reconstructs global governance as a political system which builds on normative principles and reflexive authorities. Second, it identifies the central legitimation problems of the global governance system with a constitutionalist setting in mind. Third, it explains the rise of state and societal contestation by identifying key endogenous dynamics and probing the causal mechanisms that produced them. Finally, it identifies the conditions under which struggles in the global governance system lead to decline or deepening.

Land & Aronson: New Technologies for Human Rights Law and Practice

Molly K. Land (Univ. of Connecticut - Law) & Jay D. Aronson (Carnegie Mellon Univ.) have published New Technologies for Human Rights Law and Practice (Cambridge Univ. Press 2018). Contents include:
  • Molly K. Land & Jay D. Aronson, The Promise and Peril of Human Rights Technology
  • Lea Shaver, Safeguarding Human Rights from Problematic Technologies
  • Dalindyebo Shabalala, Climate Change, Human Rights, and Technology Transfer: Normative Challenges and Technical Opportunities
  • Thérèse Murphy, Judging Bioethics and Human Rights
  • Laura A. Dickinson, Drones, Automated Weapons, and Private Military Contractors: Challenges to Domestic and International Legal Regimes Governing Armed Conflict
  • Jay D. Aronson, The Utility of User-Generated Content in Human Rights Investigations
  • Mark Latonero, Big Data Analytics and Human Rights: Privacy Considerations in Context
  • John Emerson, Margaret L. Satterthwaite, and Anshul Vikram Pandey, The Challenging Power of Data Visualization for Human Rights Advocacy
  • Ella McPherson, Risk and the Pluralism of Digital Human Rights Fact-Finding and Advocacy
  • Lisl Brunner, Digital Communications and the Evolving Right to Privacy
  • Rikke Frank Jørgensen, Human Rights and Private Actors in the Online Domain
  • G. Alex Sinha, Technology, Self-Inflicted Vulnerability, and Human Rights
  • Enrique Piracés, The Future of Human Rights Technology: A Practitioner’s View

Monday, May 14, 2018

Conference: 6th SIEL Biennial Global Conference

The Society of International Economic Law will hold its 6th Biennial Global Conference, July 12-14, 2018, at the American University Washington College of Law, in Washington, DC. The theme is: "International Economic Law in Unsettling Times." The program is here. Registration and other information can be found here.

Call for Papers: Transformation of Citizenship

The Institute of International Law and International Relations and Uni-ETC at the University of Graz have issued a call for papers for a conference on "Transformation of Citizenship," to take place November 20-21, 2018. The call is here.

New Issue: International Organizations Law Review

The latest issue of the International Organizations Law Review (Vol. 15, no. 1, 2018) is out. Contents include:
  • August Reinisch, International Organizations and Dispute Settlement: A New Topic for the International Law Commission?
  • Charuka Ekanayake & Susan Harris Rimmer, Applying Effective Control to the Conduct of UN Forces: Connecting Factual Complexities with Legal Responsibility
  • Yohei Okada, Interpretation of Article VIII, Section 29 of the Convention on the Privileges and Immunities of the UN: Legal Basis and Limits of a Human Rights-based Approach to the Haiti Cholera Case
  • Francesco Presutti, Financial Contributions by the EU to UN Peace Operations
  • Teresa F Mayr, Where Do We Stand and Where Do We Go: The Fine Balance between Independence and Accountability of United Nations Experts on a Mission
  • Dimitri Van Den Meerssche, International Organizations and the Performativity of Measuring States: Discipline through Diagnosis
  • Paul van der Heijden, The ILO Stumbling towards Its Centenary Anniversary

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 23, no. 1, Spring 2018) is out. Contents include:
  • Heidarali Teimouri & Surya P Subedi, Responsibility to Protect and the International Military Intervention in Libya in International Law: What Went Wrong and What Lessons Could Be Learnt from It?
  • Anders Henriksen, Trump’s Missile Strike on Syria and the Legality of Using Force to Deter Chemical Warfare
  • Olivier Barsalou, Preparing for War: The USA and the Making of the 1949 Geneva Conventions on the Laws of War
  • Alexandra Hofer, The ‘Curiouser and Curiouser’ Legal Nature of Non-UN Sanctions: The Case of the US Sanctions against Russia
  • Francis Grimal & Jae Sundaram, Combat Drones: Hives, Swarms, and Autonomous Action?
  • Paul B Larsen, Outer Space Arms Control: Can the USA, Russia and China Make this Happen

Call for Papers: The ICC Statute Reaches 20: Critical and Interdisciplinary Approaches

A call for papers has been issued for a conference on "The ICC Statute Reaches 20: Critical and Interdisciplinary Approaches/Le Statut de la CPI a 20 ans : Approches critiques et interdisciplinaires," to take place December 3-4, 2018, at the Université libre de Bruxelles. The call is here (English/Français).

New Issue: Human Rights Review

The latest issue of the Human Rights Review (Vol. 19, no. 2, June 2018) is out. Contents include:
  • Special Issue: Human Rights and the Media: Issues and Challenges
    • Shawna Brandle & George Andreopoulos, Introduction. Human Rights and the Media
    • George Andreopoulos, Human Rights Reporting: Rights, Responsibilities, and Challenges
    • Shawna M. Brandle, Media Coverage of Human Rights in the USA and UK: The Violations Still Will Not Be Televised (or Published)
    • Brigitte L. Nacos & Yaeli Bloch-Elkon, US Media and Post-9/11 Human Rights Violations in the Name of Counterterrorism
    • Camelia Bouzerdan & Jenifer Whitten-Woodring, Killings in Context: an Analysis of the News Framing of Femicide
    • John C. Pollock, Brielle Richardella, Amanda Jahr, Melissa Morgan, & Judi Puritz Cook, Nationwide Newspaper Coverage of Rape and Rape Culture on College Campuses: Testing Community Structure Theory
    • Janet E. Reilly, Reporting Without Knowledge: the Absence of Human Rights in US Journalism Education

ILR: Eleventh Anniversary

This week marks the International Law Reporter's eleventh anniversary. 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 7000 people 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).

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Friday, May 11, 2018

Call for Papers: International law under pressure: navigating a shifting landscape

The British International Studies Association International Law Working Group has issued a call for papers for a workshop on "International law under pressure: navigating a shifting landscape," to take place November 19, 2018, at the University of Glasgow. Here's the call:

International law and legal institutions are central to the post-Cold War rules-based international order. The multilateral arrangements underpinning this order are coming under visible stress, however, as state and non-state actors seek to challenge, reshape, and in some cases withdraw from international institutions and their associated global and regional regimes, including across economic, environmental, human rights/humanitarian, and security-related spheres. This dynamic raises questions about the ability of governments and international institutions to navigate evolving collective policy challenges (e.g. climate change, financial regulation, terrorism, shifts in trade relationships, and shifting forms of warfare) in an increasingly unstable international political environment.

This workshop will provide an opportunity to consider how (and whether) international law can be considered to be under pressure in different areas, the political, economic and social drivers involved, and the implications of these for the future of international law and governance.

The organisers welcome papers from researchers and practitioners exploring: the nature, extent and manifestations of international legal contestation and resistance; the material and ideational sources and drivers of these processes; the causal and constitutive mechanisms involved; legal and political implications, and the resilience and adaptability of existing regimes and institutions to emerging trends.

Abstracts of not more than 300 words should be submitted to bisailaw2018@glasgow.ac.uk by 30 June 2018, and should be accompanied by a one-page CV for each applicant.

We are particularly keen to encourage contributions from PhD students and early career researchers, and can offer modest travel bursaries for a small number of attendees. Please indicate when you submit your abstract whether you would like to be considered for one of these, along with details of the amount sought. Lunch will be provided.

Nijman: Seeking Change by Doing History

Janne Elisabeth Nijman (Univ. of Amsterdam - Law) has posted Seeking Change by Doing History. Here's the abstract:

In her Inaugural Lecture Janne E. Nijman explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. A new sub-field has thus emerged: ‘History and Theory of International Law’. Nijman contextualises this development and stages three possible approaches of why and how to study ideas and theories of the past. A central proposition is that the field of ‘History and Theory of international Law’ ultimately aims to establish a dialogue between international legal thought then and now. In this way (and by employment of e.g. the Cambridge School method) a critical distance emerges with respect to our own international legal thinking and its underlying political and moral ideas. The meaning of international law ideas changes through time – in the study thereof lies the critical potential and value for our own thinking.

International law is often presented as an emancipatory, progressive project in which human dignity has come to be increasingly well-protected. With the ‘turn to history’ however the dark sides of international law, including the influence of European – also Dutch – colonial expansion on the development of international law (and vice versa), come to the fore. Studying for example the thought of Hugo de Groot uncovers this ambivalence. Nonetheless Grotius’ humanist thinking about humankind, society, and (international) law also opens up space for a perspective alternative to the ‘Hobbesian’ international order. Fundamental issues then are: who counts within the international legal order, and on which moral and political presuppositions is this order built? This Lecture makes a connection to the work of the French philosopher Paul Ricoeur and points to a possible alternative line of reasoning in which the concept of international legal personality functions as a starting point for questions about just international institutions and law. These are urgent questions at a time of globalisation, interdependency and hyperconnectivity, in which citizens are highly critical towards European and international/global institutions.

Thursday, May 10, 2018

Banda: Inter-American Court of Human Rights’ Advisory Opinion on the Environment and Human Rights

Maria L. Banda has posted an ASIL Insight on Inter-American Court of Human Rights’ Advisory Opinion on the Environment and Human Rights.

le Roux-Kemp: International and Operational Responses to Disease Control: Beyond Ebola and Epistemological Confines

Andra le Roux-Kemp (City Univ. of Hong Kong - Law) has posted “International and Operational Responses to Disease Control: Beyond Ebola and Epistemological Confines” (Indiana Health Law Review, Vol. 15, no. 2, p. 247, 2018). Here's an excerpt:
The content of this article is divided into four parts. First, in Part II, the lifecycle of two epidemics will be considered, Ebola, and the 2003 SARS outbreak. Considering these two outbreaks and the international legal responses thereto provides a valuable lens through which the multiple layers of disease outbreaks and control from the past to the present can be observed. In Part III, this paper provides an overview of the international legal and operational framework for public health emergencies, confined to references and examples from the two outbreaks selected for and discussed in Part II. Part IV considers the national legal responses of those countries most affected by the recent Ebola outbreak and the 2003 SARS outbreak. Part V discusses the question of whether to quarantine or not. Part VI discusses lessons to be learned, and why knowledge production beyond disciplinary confines is necessary. And finally, Part VII of this article concludes with a critical analysis of two observed failings of the current international legal and operational framework for public health emergencies. In considering the shortcomings of the current framework it will be argued that a more holistic approach to disease control is required that looks beyond disciplinary confines.

Schultz: Legitimacy Pragmatism in International Arbitration: A Framework for Analysis

Thomas Schultz (King's College London – Law) has posted Legitimacy Pragmatism in International Arbitration: A Framework for Analysis (in Evolution and Adaptation: The Future of International Arbitration, Jean Kalicki & Mohamed Abdel Raouf eds., forthcoming). Here's the abstract:

This chapter makes the simple point that if arbitral lawmaking is not legitimate to the actors who can change that lawmaking, it will likely be unstable and change. Obvious as the point may sound, it helps frame legitimacy debates in international arbitration in a way that makes them practically valuable: it narrows them down to a zone of so-called “conceptual cash-value”.

Making that point requires to do two things. First, to decide what meaning is best given to the concept of “legitimacy”. Second, and on that basis, to develop an analytical framework to easily demarcate those actors whose legitimacy perspective matters from those whose perspective is irrelevant, regardless how ethically compelling it in itself may be. The chapter tackles these two things in turn and to do so reaches out to pragmatic philosophy, the legitimacy literature in international law, and political systems theories.

New Volume: Anuario Mexicano de Derecho Internacional

The latest volume of the Anuario Mexicano de Derecho Internacional (Vol. 18, 2018) is out. Contents include:
  • Doctrina
    • Aisya Abdul Rahman, Legitimacy and Legality of Collective Unilateral Humanitarian Interventions
    • Barbara Stępień, A Tale of Non-State Actors and Human Rights at Sea: Maritime Migration Crisis and Commercial Vessels’ Obligations
    • Ana Paula Lamas Ovando, Delimitación y determinación del margen exterior de la plataforma continental más allá de las 200 M. Dos procesos distintos
    • Leopoldo M. A. Godio, Las declaraciones de los Estados y la Convención de las Naciones Unidas sobre el Derecho del Mar de 1982. Su aplicación al sistema de solución de controversias en el asunto del Mar del Sur de China (Filipinas v. China)
    • Arno Dal Ri Júnior & Erika Louise Bastos Calazans, Transnational Corporations Subjectivity Based on the Criteria of the Bernadotte Case and the Traditional International Law Doctrine
    • Liliana Ronconi, El acceso a la educación desde una mirada igualitaria: la influencia del derecho internacional de los derechos humanos
    • Luciano Meneguetti Pereira, A Convenção Interamericana sobre o Desaparecimento Forçado de Pessoas e seus impactos no Brasil
    • Jorge Arturo Ulloa Cordero & Víctor Alonso Vargas Sibaja, El cambio de nombre conforme a la identidad de género en Costa Rica: una revisión a la luz del derecho internacional de los derechos humanos
    • Mariana Ferolla Vallandro do Valle, A proibição do retorno à privação socioeconômica: a aplicação do princípio de non-refoulement a partir do Pacto Internacional sobre Direitos Econômicos, Sociais e Culturais
    • Cláudio Cerqueira Bastos Netto & Pedro Farias Oliveira, O dano ambiental nos crimes do Estatuto de Roma e o real impacto do Policy Paper on Case Selection and Prioritisation
    • José Luis Caballero Ochoa & Daniel Antonio García Huerta, Fidelidades democráticas. La participación política del servicio público en condiciones de democracia directa
    • Jacqueline Hellman, La superación de la doctrina clásica en torno a la subjetividad internacional en detrimento de las multinacionales
    • Javier Dondé Matute, Responsabilidad penal internacional: los nuevos escenarios dogmáticos
  • Comentarios
    • Laura Íñigo Álvarez, La responsabilidad internacional de los grupos armados: ¿responsabilidad individual o colectiva?
    • José Luis Marín Fuentes, El nuevo derecho internacional privado chino: cercanía o lejanía con el derecho latinoamericano sobre la materia
    • Gustavo A. Beade, Emociones reactivas, inculpación y castigo. ¿También en el derecho penal internacional?

Wednesday, May 9, 2018

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 51, no. 2, March 2018) is out. Contents include:
  • Tendayi Achiume, Governing Xenophobia
  • Johanna Aleria P. Lorenzo, “Development” Versus “Sustainable Development”?: (Re-) Constructing the International Bank for Sustainable Development
  • Matiangai Sirleaf, Ebola Does Not Fall from the Sky: Structural Violence & International Responsibility

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 24, no. 2, June 2018) is out. Contents include:
  • Simone Molin Friis, ‘Behead, burn, crucify, crush’: Theorizing the Islamic State’s public displays of violence
  • Kai Oppermann & Alexander Spencer, Narrating success and failure: Congressional debates on the ‘Iran nuclear deal’
  • Ingvild Bode, Reflective practices at the Security Council: Children and armed conflict and the three United Nations
  • Ian Clark, Sebastian Kaempf, Christian Reus-Smit, & Emily Tannock, Crisis in the laws of war? Beyond compliance and effectiveness
  • Bronwyn Leebaw, Justice and the faithless: The demand for disobedience in international criminal law
  • Nadim Khoury, Plotting stories after war: Toward a methodology for negotiating identity
  • Gitte du Plessis, When pathogens determine the territory: Toward a concept of non-human borders
  • Eren Duzgun, The international relations of ‘bourgeois revolutions’: Disputing the Turkish Revolution
  • Martin Coward, Against network thinking: A critique of pathological sovereignty
  • Stephen Michael Christian, Autism in International Relations: A critical assessment of International Relations’ autism metaphors

Baade, Mührel, & Petrov: International Humanitarian Law in Areas of Limited Statehood

Björnstjern Baade, Linus Mührel, & Anton O. Petrov have published International Humanitarian Law in Areas of Limited Statehood: Adaptable and Legitimate or Rigid and Unreasonable? (Nomos 2018). Contents include:
  • Heike Krieger, Björnstjern Baade, & Linus Mührel, Introduction: International Humanitarian Law and Areas of Limited Statehood
  • Raphael Schäfer, A History of Division(s): a Critical Assessment of the Law of Non-International Armed Conflict
  • Katja Schöberl & Linus Mührel, Sunken Vessel or Blooming Flower? Lotus, Permissions and Restrictions within International Humanitarian Law
  • Pia Hesse, Comment: neither Sunken Vessel nor Blooming Flower! The Lotus Principle and International Humanitarian Law
  • Manuel Brunner, Detention for Security Reasons by the Armed Forces of a State in Situations of Non-International Armed Conflict: the Quest for a Legal Basis
  • Anton O. Petrov, Comment: Detention in Non-International Armed Conflict by States – Just a Matter of Perspective on Areas of Limited Statehood?
  • Vincent Widdig, Detention by Organised Armed Groups in Non-International Armed Conflicts: the Role of Non-State Actors in a State-Centred International Legal System
  • Lars Müller, Comment: Detention by Armed Groups
  • Ira Ryk-Lakhman Aharonovich, Foreign Investments as Non-Human Targets
  • Charlotte Lülf, The Protection of (Foreign) Investment during Belligerent Occupation – Considerations on International Humanitarian Law and International Investment Law
  • Björnstjern Baade, Linus Mührel, & Anton O. Petrov, Concluding Observations: how International Humanitarian Law is Shaped to Meet the Challenges Arising from Areas of Limited Statehood – Theoretical Problems in Practice

New Issue: International Affairs

The latest issue of International Affairs (Vol. 94, no. 3, May 2018) is out. Contents include:
  • Rory Cormac & Richard J. Aldrich, Grey is the new black: covert action and implausible deniability
  • Ian Klinke, Geopolitics and the political right: lessons from Germany
  • Marlies Glasius, What authoritarianism is … and is not: a practice perspective
  • Masanori Hasegawa, The geography and geopolitics of the renminbi: a regional key currency in Asia
  • Andrew B. Kennedy & Darren J. Lim, The innovation imperative: technology and US–China rivalry in the twenty-first century
  • Shahar Hameiri & Lee Jones, China challenges global governance? Chinese international developmen finance and the AIIB
  • Xiangfeng Yang, China's clear and present conundrum on the Korean peninsula: stuck between the past and the future
  • Cinzia Bianco & Gareth Stansfield, The intra-GCC crises: mapping GCC fragmentation after 2011
  • Geoffrey Hosking, Trust and distrust in Russia: the heritage of the October Revolution re-examined

Sander: Justice as Identity: Unveiling the Mechanics of Legitimation in Domestic Atrocity Trials

Barrie Sander (FGV Direito Rio) has posted Justice as Identity: Unveiling the Mechanics of Legitimation in Domestic Atrocity Trials (Journal of International Criminal Justice, forthcoming). Here's the abstract:
Although the historical function of criminal courts tasked with adjudicating episodes of mass violence is well-established, the precise purpose behind narrating history within atrocity trials remains a matter of contestation. This article examines how certain domestic atrocity trials have constructed narratives of the past aligned with the nation-building aspirations of the States in which they were convened. Rather than framing justice primarily in terms of upholding standards of fairness to the accused or responding to the needs of victims and local communities, the domestic atrocity trials examined in this article reflect a notion of ‘justice as identity’ whereby the criminal courtroom becomes a didactic mechanism of nation-building. The article examines two domestic atrocity trials in particular – the German trial of Auschwitz guards and the French trial of Paul Touvier, a former regional chief of the Vichy Milice. By revealing how these trials prioritised competing conceptions of the rule of law – the Auschwitz trial relying on a conservative conception of the rule of law underpinned by a strict legality conception of the principle of legality, and the Touvier trial relying on a more transformative conception of the rule of law underpinned by a substantive justice conception of the principle of legality – this article reveals an important dimension of the mechanics by which domestic atrocity trials have been able to legitimate particular conceptions of national identity out of specific interpretations of a nation’s past.

Tuesday, May 8, 2018

Rodriguez Correa: Sovereign Bond Disputes Caseload: Basis for Legal Strategies in International Investment Law Arbitration

Tomas D. Rodriguez Correa has posted Sovereign Bond Disputes Caseload: Basis for Legal Strategies in International Investment Law Arbitration/Registro de casos en disputas de deuda soberana: fundamentos para estrategias legales en arbitramento de derecho internacional de las inversiones. Here's the abstract:

This article is part of the master thesis “Dispute Settlement after Sovereign Debt Defaults: A Forum Menu for Holdout Creditors”. The article analyses issues that holdout creditors should take into account when initiating arbitral proceedings before an international investment tribunal, particularly under the International Centre for Settlement of Investment Disputes rules. The article also analyses aspects of financial law, mainly by examining hypothetical situations where treaty shopping can be executed through International Central Securities Depositories such as Euroclear and Clearstream. The article provides an objective analysis of the main pros and cons of resolving sovereign debt disputes before investment tribunals. Finally, the article demonstrates that bondholders who have acquired their bonds in the secondary market should not go before ICSID looking for full enforcement of sovereign bonds’ terms, as the compensation awarded might be considerably limited, having regard only to the bonds’ market value.

Este artículo es parte de la tesis “Resolución de disputas después de default en la deuda pública: Menú de foros para los acreedores retirados de la reestructuración de la deuda (holdouts)”. Este artículo analiza los aspectos que los acreedores retirados deben tener en cuenta cuando pretenden iniciar procedimientos arbitrales ante tribunales de inversiones, especialmente bajo las reglas del Centro Internacional de Disputas Relativas a Inversiones. El artículo también cubre aspectos de derecho financiero, especialmente hace referencia a situaciones hipotéticas donde se pueden configurar prácticas de “mercado de foros” a través Depositarios Centrales Internacionales de Valores tales como Euroclear y Clearstream. El artículo brinda un análisis objetivo de los principales pros y contras en disputas de deuda soberana. Finalmente, el artículo demuestra que, si los bonistas han adquirido sus bonos en el mercado secundario, estos no deberías ir al CIADI en busca de pago total de su crédito debido a que la compensación podría ser limitada al valor representativo del bono en el mercado de valores.

Peters: Between Military Deployment and Democracy: Use of Force Under the German Constitution

Anne Peters (Max Planck Institute for Comparative Public Law and International Law) has posted Between Military Deployment and Democracy: Use of Force Under the German Constitution. Here's the abstract:

The German constitution of 1949 prohibits any war of aggression. The deployment of the military abroad is allowed only for purposes of defense and within the framework of a system of collective security. Under the latter heading, the German army has since the 1990s contributed to numerous collective military operations, ranging from UN-peace missions over NATO operations to anti-terror action. The contours of the constitutional regime are judge-made and, so far, based on four lead judgments since 1994, together with further case law. In the seminal judgment of 1994, the Constitutional Court identified a constitution-based requirement of parliamentary approval for each military deployment. The formalities of the involvement of the Bundestag were, in 2005, codified in a statute. The rationale of this requirement is to secure a democratic basis for every deployment, flowing from public deliberation and a vote in the parliament. The requirement has also served to counterbalance the development of the NATO treaty by the government under which NATO has extended its range of activities.

Recent German participation in coalitions of the willing against pirates and terrorists have raised the question whethersuch operations are still covered by the constitution, because they are neither traditional self-defense nor based on authorisations by the Security Council under Chapter VII.

The Constitutional Court can review whether a deployment decision by the government unduly curtails powers of the parliament or of a parliamentary faction and it has, through this lens, frequently examined the constitutional parameters of the use of force and, incidentally, also aspects of international law.

Archibugi & Pease: Crime and Global Justice: The Dynamics of International Punishment

Daniele Archibugi (Univ. of London, Birkbeck College) & Alice Pease have published Crime and Global Justice: The Dynamics of International Punishment (Polity 2018). Here's the abstract:

Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day.

Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karadžić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 29, no. 1, February 2018) is out. Contents include:
  • Editorial
    • A Court that Dare Not Speak its Name: Human Rights at the Court of Justice; Vital Statistics; Time for Change: With Thanks to Guy Fiti Sinclair; In this Issue
  • The EJIL Foreword
    • Eyal Benvenisti, Upholding Democracy amid the Challenges of New Technology: What Role for the Law of Global Governance?
  • Articles
    • Wolfgang Alschner & Damien Charlotin, The Growing Complexity of the International Court of Justice’s Self-Citation Network
    • Hendrik Simon, The Myth of Liberum Ius ad Bellum– Forgotten Disputes about Justifying War in 19th Century International Legal Discourse
    • Ignacio de la Rasilla del Moral, A Short History of International Law Journals (1869–2017)
  • Focus: International Economic Law
    • Sungjoon Cho & Jürgen Kurtz, Convergence and Divergence in International Economic Law and Politics
    • Christopher Vajda, The EU and Beyond: Dispute Resolution in International Economic Agreements
  • Roaming Charges
    • Roaming Charges: Manila: More than One Way to Heaven
  • Symposium: International Law and the First World War - International Law before 1914 and the Outbreak of War
    • Gabriela Frei, International Law and the First World War: Introduction
    • Jochen von Bernstorff, Violence and International Law before 1914: On Imperial Ordering and the Ontology of the Nation State
  • Critical Review of International Governance
    • Alan Desmond, The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 ECHR?
  • Review Essay
    • Charlotte Peevers, Liberal Internationalism, Radical Transformation and the Making of World Orders. Review of Oona A. Hathaway and Scott J. Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World
  • Book Reviews
    • Jan Klabbers, reviewing Manfred Nowak, Human Rights or Global Capitalism: The Limits of Privatization
    • Alina Miron, reviewing Nathalie Clarenc, La suspension des engagements internationaux
    • Paolo Palchetti, reviewing Florian Couveinhes Matsumoto and Raphaëlle Nollez-Goldbach eds., Les motifs non-juridiques des jugements internationaux
    • Wolfgang Münch, reviewing Joachim Müller ed., Reforming the United Nations: A Chronology
  • The Last Page
    • Stephen Haven, Monolith

Call for Papers: Managing International Economic (Dis)Integration: Challenges and Opportunities

The American Society of International Law’s International Economic Law Interest Group, the Canadian Council on International Law, and the Centre for International Governance Innovation, together with McGill University Faculty of Law, have issued a call for papers for a Joint North American Conference on International Economic Law, to take place September 21-22, 2018, at McGill. The theme is: "Managing International Economic (Dis)Integration: Challenges and Opportunities." The call is here.

Conference: Seventh International Four Societies Conference

On June 2-3, 2018, the American Society of International Law, the Australian and New Zealand Society of International Law, the Canadian Council on International Law, and the Japanese Society of International Law will hold their seventh joint conference, in Tokyo. The theme is: "Changing Actors in International Law." The program is here.

Chen: Precedent and Dialogue in Investment Treaty Arbitration

Richard Chen (Univ. of Maine - Law) has posted Precedent and Dialogue in Investment Treaty Arbitration (Harvard International Law Journal, forthcoming). Here's the abstract:

Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the rise of this de facto doctrine of precedent and evaluating the merits of the practice. Few have grappled with more practical questions about how precedent should operate in this unique sphere, but even a cursory examination of ITA decisions would reveal that some order and discipline are needed if the practice is to continue.

This Article is the first to offer a comprehensive framework to guide ITA tribunals in the practice of precedent. It does so from the dual standpoints of interpreting precedent (how much deference is owed) and authoring precedent (how broadly or narrowly to write). The framework is designed to help tribunals at each stage balance the three key values of predictability, accuracy, and legitimacy that any system of precedent is expected to serve. And it shows how that balancing should be conducted in light of the distinctive institutional features that make ITA different from common law systems. At a high level, the proposal is to replace the common law approach of stable, incremental decisionmaking with a model of robust and contentious dialogue. That means tribunals should view past decisions skeptically and, in writing their own decisions, seek not just to resolve the immediate dispute at hand but to advance the broader conversation of which each case forms one part.

Dau: Die völkerrechtliche Zulässigkeit von Selbstverteidigung gegen nicht-staatliche Akteure

Corinna Dau has published Die völkerrechtliche Zulässigkeit von Selbstverteidigung gegen nicht-staatliche Akteure (Nomos 2018). Here's the abstract:

Die Arbeit widmet sich einem Problem, das die Völkerrechtswissenschaft seit längerem beschäftigt und das im Zuge des Kampfes der Staatengemeinschaft gegen den sog. Islamischen Staat weiterhin an Aktualität und Bedeutung gewonnen hat. Finanziell teils beträchtlich ausgestattete, technologisch hochgerüstete und straff organisiert auftretende nicht-staatliche Akteure verüben Anschläge in Dimensionen, wie ursprünglich nur von staatlicher Seite bekannt. Die Grundlagen des klassischen Völkerrechts berührend, befasst sich die Studie mit der Frage, ob und unter welchen Voraussetzungen ein Staat gegenüber privaten Akteuren das in Art. 51 UN-Charta verankerte Selbstverteidigungsrecht ausüben kann und welchen Grenzen es insoweit unterliegt. Die Autorin geht diesem Thema durch Normanalyse und Auswertung von Staatenpraxis umfassend nach, greift hierfür bisherige völkerrechtswissenschaftliche Überlegungen auf und erörtert Sinn und Risiken von Anpassungen der rechtlichen Vorgaben.

This thesis critically analyses the highly topical and controversial issue of a state's recourse to the right of self-defence, according to Article 51 of the UN Charter, in cases of attacks by non-state actors, a problem that has gained further relevance in the fight against the so-called Islamic State. Indeed, non-state actors - who are often financially strong, technologically well-equipped and highly organised - attack states in ways that previously only nation states were capable of. Here, the author critically evaluates this topic through norm interpretation, analysis of relevant state practices and previous academic thinking to illustrate how this seminal topic has impacted on the foundations of public international law.

Monday, May 7, 2018

Workshop: The Creation of Bindingness in International Environmental Law

On May 8, 2018, the Amsterdam Center for International Law will host a workshop on "The Creation of Bindingness in International Environmental Law." The program is here. Here's the idea:
The increasing plurality of actors and places in the international "rule" making of international environmental issues has drawn much attention in international legal scholarship. Yet, the question of how "bindingness" is created remains underexplored and current doctrines of sources and law-making have failed to provide appropriate evaluative tools and explanatory frameworks. The aim of this workshop is to generate new insights with respects to the creation of bindingness in international environmental law (with a special focus on climate change). Participants will be expected to shed light on the question of the "who" (the actors) and the "how" (the process), that are question usually obfuscated in the dominant theories and discourses with regard to sources of international law.

Somos & Gostwyck-Lewis: A New Architecture of Justice: Dan Kiley's Design for the Nuremberg Trials’ Courtroom

Mark Somos (Harvard Univ. - Edmond J. Safra Center for Ethics) & Morgan Gostwyck-Lewis have posted A New Architecture of Justice: Dan Kiley's Design for the Nuremberg Trials’ Courtroom. Here's the abstract:
Courtroom 600 in the Nuremberg Palace of Justice is one of the most iconic sites in the history of international criminal law. Yet the extensive literature on Courtroom 600 neglects the original 1945 drawings of the architect Dan Kiley, now in the archives of the Harvard Design School. This article revises our understanding of Courtroom 600 in light of these drawings. Among other findings it argues that Kiley, rather than Jackson or the OSS, was the main source of design decisions; that the secondary literature overemphasises film at the expense of architecture; and that the design of both Courtroom 600 and the entire reconstructed Palace of Justice offer valuable insights into this key moment in the history of international law.

Conference: Asia and International Law in Challenging Times

On July 1, 2018, the Japan Chapter of the Asian Society of International Law will hold its annual conference at Waseda University. The theme is: "Asia and International Law in Challenging Times." The program is here. Here's the idea:
Asia is currently confronted with unprecedented challenges in all areas of international law. While some of them are repercussions of developments on a global scale, others reflect the diversity of Asia, which fuels growth but also creates complexity. As political and economic relations expand and social and cultural exchanges grow in the region, local interests and concerns become more intricately intertwined with international, transnational, and regional interests and concerns, which deepens the complexity in Asia. As the driving force of the world economy amid the advancement of information networks and the globalization of business in a new era, Asia requires the evolution of international rules and institutions. This conference seeks to explore how international law can address these challenges in relation to regional frameworks and initiatives in Asia.

New Issue: Manchester Journal of International Economic Law

The latest issue of the Manchester Journal of International Economic Law (Vol. 15, no. 1, 2018) is out. Contents include:
  • Motoko Aizawa, Daniel Bradlow & Margaret Wachenfeld, International Financial Regulatory Standards and Human Rights: Connecting the Dots
  • Yenkong Ngangjoh-Hodu & Collins C. Ajibo, Legitimate Expectation in Investor-State Arbitration: Re-contextualising a Controversial Concept from a Developing Country Perspective
  • Stephanie Switzer, Liminal Spaces: Special and Differential Treatment as an Incompletely Theorised Agreement
  • Tanjina Sharmin, Application of MFN to the Substantive Standards: Why Should We Re Investigate the Uncontested?
  • Rafael Tamayo-Álvarez, Colombia’s Land Restitution Programme and International Investment Law: Normative Tensions and Possible Convergences Concerning Investor Diligence

Hinton: The Justice Facade: Trials of Transition in Cambodia

Alexander Hinton (Rutgers Univ. - Anthropology) has published The Justice Facade: Trials of Transition in Cambodia (Oxford Univ. Press 2018). Here's the abstract:
Is there a point to international justice? Many contend that tribunals deliver not only justice but truth, reconciliation, peace, democratization, and the rule of law. These are the transitional justice ideals frequently invoked in relation to the international hybrid tribunal in Cambodia that is trying senior leaders of the Khmer Rouge regime for genocide and crimes against humanity committed during the mid-to-late 1970s. In this ground-breaking book, Alexander Hinton argues these claims are a facade masking what is most critical: the ways in which transitional justice is translated, experienced, and understood in everyday life. Rather than reading the Khmer Rouge Tribunal in the language of global justice and human rights, survivors understand the proceedings in their own terms, including Buddhist beliefs and on-going relationships with the spirits of the dead.

Call for Submissions: Law and War

The journal Legal History has issued a call for submissions for a special issue on "Law and War." Here's the call:

While the political, social and economic impact and consequences of World War I, World War II and subsequent conflicts have been well-documented, many questions remain regarding the legal structures and restrictions introduced during those hostilities. This is despite the fact that engagement by belligerent countries in such conflicts often required formal declarations be made according to law in order to be valid. Extensive, unique legal structures were also needed to facilitate the war effort on the home front and beyond. At the end of World War I many countries maintained their wartime restrictions in the post-war period; in some jurisdictions those controls remain in force to this day. One of the world’s most famous legal documents, the Treaty of Versailles, contributed to the eventual outbreak of World War II. In more recent times, engagement in conflicts has occurred without formal proclamation, further complicating the role and rule of law.

With a view to further investigating and interrogating the legal histories of war, scholars are invited by guest editor Dr Catherine Bond, to submit contributions to a forthcoming special edition of Legal History focusing on ‘Law and War’.

Articles should be between 6000-8000 words and contributions may address any area that intersects with law, war and history. Contributions may also focus on any jurisdiction and submissions by international and comparative scholars are welcomed. While the timing of this special edition coincides with the end of centenary commemorations of World War I and will be published during the centenary of the negotiations for the Treaty of Versailles, articles may explore any prior conflict.

The deadline for the call for papers is 31 October 2018, with a view to publication in mid-2019. All submissions will be subject to peer review.

All submissions should subscribe to the Australian Guide to Legal Citation.

Papers must include an abstract of approximately 200 words and a short author biography

Enquiries should be directed to Dr Catherine Bond at catherine.bond@unsw.edu.au.