- Benjamin Meiches, Non-human humanitarians
- Gisela Hirschmann, Guarding the guards: Pluralist accountability for human rights violations by international organisations
- Jeremy Youde, The role of philanthropy in international relations
- Anna Stavrianakis, Controlling weapons circulation in a postcolonial militarised world
- Elvira Rosert, Salience and the emergence of international norms: Napalm and cluster munitions in the inhumane weapons convention
- Daisuke Madokoro, International commissions as norm entrepreneurs: Creating the normative idea of the responsibility to protect
- Thomas Gehring & Thomas Dörfler, Constitutive mechanisms of UN Security Council practices: Precedent pressure, ratchet effect, and council action regarding intrastate conflicts
- Jonathan Symons, Realist climate ethics: Promoting climate ambition within the Classical Realist tradition
- Bernardo Teles Fazendeiro, Narrating events and imputing those responsible: Reflexivity and the temporal basis of retrospective responsibility
Monday, December 31, 2018
The relationship between populism and international law is mostly conveyed as one of populist-problem versus international law-solution. International lawyers feel called upon to respond to the rise in populism with multilateralism and liberal internationalism in a ‘keep calm and carry on lawyering’ fashion. However, this attitude of us (the internationalists) versus them (the populists) tends to present a geographically Western-centric and epistemologically euro-centric view of populism and international law. Two crucial aspects about populism and international law are overlooked in this narrow understanding: First, the role that international lawyers and institutions have played in institutionalising and upholding neoliberalism and therefore in creating a specific type of nationalist populist backlash; and second, the progressive forms of populism which may be compatible with a radical internationalism of solidarity.
Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another. The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices of states, has a direct effect on state behavior, and, as a methodological matter, can contribute to good theorizing on matters of international ethics. Recently, philosophical work has demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has treated the rules of international law as a proper subject for philosophical inquiry. Another has used international legal rules to support moral arguments about aspects of the international order. Future dialogue and cooperation would benefit both fields, in particular on the challenges to global cooperation from nationalism and on strategies for allocating responsibilities among global actors for rectifying global harms.
Trakman: Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection
The article examines the ‘public policy exception’ by which domestic judges decline to recognize and enforce international arbitration awards under Article V(2)(b) of the 1958 New York Convention. It explores litigation in China and New York to identify reasons invoked by domestic courts, viewed comparatively, to decline to enforce foreign arbitration awards on localized public policy grounds. It examines the nature and operation of public policy and due process defences, and considers the difficulties faced by domestic courts in delineating the concept of substantive and procedural justice clearly and reliably. The article examines the prospect of domestic courts refining shared norms of transnational public policy and due process of law that transcend their differences.
- Christina L Davis & Julia C Morse, Protecting Trade by Legalizing Political Disputes: Why Countries Bring Cases to the International Court of Justice
- Matthias Ecker-Ehrhardt, International Organizations “Going Public”? An Event History Analysis of Public Communication Reforms 1950–2015
- Ezequiel Gonzalez-Ocantos, Communicative Entrepreneurs: The Case of the Inter-American Court of Human Rights’ Dialogue with National Judges
- Meredith Loken, Milli Lake, & Kate Cronin-Furman, Deploying Justice: Strategic Accountability for Wartime Sexual Violence
- Xun Cao, Haiyan Duan; Chuyu Liu, & Yingjie Wei, Local Religious Institutions and the Impact of Interethnic Inequality on Conflict
- Virginia Page Fortna, Nicholas J Lotito, & Michael A Rubin, Don't Bite the Hand that Feeds: Rebel Funding Sources and the Use of Terrorism in Civil Wars
- Erin A Snider, US Democracy Aid and the Authoritarian State: Evidence from Egypt and Morocco
- Jonas Gamso & Farhod Yuldashev, Targeted Foreign Aid and International Migration: Is Development-Promotion an Effective Immigration Policy?
- Katharina Michaelowa, Bernhard Reinsberg, & Christina J Schneider, The Politics of Double Delegation in the European Union
- Simon Wigley, Is There a Resource Curse for Private Liberties?
- Adam Dean, NAFTA's Army: Free Trade and US Military Enlistment
- Nathan Dinneen, The Corinthian Thesis: The Oratorical Origins of the Idea of the Balance of Power in Herodotus, Thucydides, and Xenophon
- Duncan Bell, Founding the World State: H. G. Wells on Empire and the English-Speaking Peoples
- Michael C Williams, International Relations in the Age of the Image
- Laron K Williams, Temporal Dependence and the Sensitivity of Quantities of Interest: A Solution for a Common Problem
- Awaiting the Advisory Opinion of the International Court of Justice on the Chagos Archipelago (Part II)
- Introduced by Thomas Burri, Lucas Carlos Lima, Loris Marotti and Irini Papanicolopulu
- Peter H. Sand, The British Indian Ocean Territory: International legal black hole?
- Jamie Trinidad, Self-Determination and territorial integrity in the Chagos Advisory Proceedings: Potential broader ramifications
- Sue Farran, Chagos and the ICJ – The Marine Protected Area
- Kinnari Bhatt, Chagos: A Chance for the ICJ to do more for advancing human rights through the rule of law?
Saturday, December 29, 2018
- Rein Müllerson, Human Rights Are Neither Universal Nor Natural
- Yue Zhang, Customary International Law and the Rule Against Taking Cultural Property as Spoils of War
- Special Section on the Animal Science Product, Inc. Case in the US Supreme Court
- Jun Zhao, Notes on Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd. in the US Supreme Court
- Sienho Yee, Binding Deference to a Foreign Government’s Authoritative Interpretation or Characterization of its Laws: Brief for China Chamber of International Commerce as Amicus in Support of Respondents in Animal Science Products in the US Supreme Court
- Claus Kreß, Die Aktivierung der Zuständigkeit des Internationalen Strafgerichtshofs für das Verbrechen der Aggression
- Sebastian Rödl, Freiheit als Recht
- Andreas Kulick, Die humanitäre Repressalie – Rechtsbruch zur Rechtsdurchsetzung?
- Johann Laux, A New Type of Evidence? Cyberinvestigations, Social Media, and Online Open Source Video Evidence at the ICC
- Beiträge und Berichte
- Jing Lu, Reflections on the Questions regarding Chagos Archipelago Put to the ICJ
Thursday, December 27, 2018
- Special Issue: The Law Behind Rule of Law Transfers
- Till Patrik Holterhus, A Theoretical Introduction and Legal Perspective on Rule of Law Transfers
- Andreas L. Paulus & Johann Ruben Leiss, Constitutionalism and the Mechanics of Global Law Transfers
- Till Patrik Holterhus, The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy: EU Treaty Imperatives and Rule of Law Conditionality in the Foreign Trade and Development Nexus
- Floris Tan, The Dawn of Article 18 ECHR: A Safeguard Against European Rule of Law Backsliding?
- Andreas Th. Müller, Promoting the Rule of Law Through the Law of Occupation? An Uneasy Relationship
- Astrid Wiik & Frauke Lachenmann, The Law Behind Rule of Law Promotion in Fragile States: The Case of Afghanistan
- Kei Hannah Brodersen, The Rule of Law à la ICTY: What the ICTY Deemed Just Good Enough and How it Supported the Countries in the Former Yugoslavia to Become Better
- Peter-Tobias Stoll, International Investment Law and the Rule of Law
Sunday, December 23, 2018
Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The internatonal conference shall take stock of the current rather fragmented regulatory approaches and produce the very first, interdisciplinary grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. The research conference is addressed to participants from academia as well as to representatives from government, business, and civil society.
Saturday, December 22, 2018
This article is the first to identify and analyze the recent tendency of states to use unilateral, non-binding, lawmaking initiatives in the context of international humanitarian law (IHL), also known as the Law of Armed Conflict (LOAC). While there was minimal direct state involvement in IHL-making initiatives in the first decade of the 21st century, in recent years states have taken an active part in IHL making. This article analyzes the policies of two states that stand in the middle of this debate – the U.S. and Israel – to provide a detailed account of contemporary state-led IHL-making. It argues that these new initiatives are an attempt by states to regain their influence over IHL from non-state actors. This suggests three broad implications for international lawmaking. First, unilateral lawmaking documents might be adopted more often as an alternative to traditional lawmaking and soft law initiatives when contracting costs are high. Second, the new lawmaking initiatives tend to adopt non-state actors' strategies to influence the debate, as an expression of states’ internalization of the horizontal nature of contemporary international lawmaking. Third, states often cooperate with non-state actors that share their interpretive positions in the international lawmaking process.
- Business and Human Rights Research Methods
- Aurora Voiculescu, Intersecting Spheres of Analysis in Business and Human Rights: Developing a New Socio-Legal Research Agenda and Methodology for UN Guiding Principle No 9
- Liliana Lizarazo-Rodríguez, The UN ‘Guiding Principles on Business and Human Rights’: Methodological Challenges to Assessing the Third Pillar: Access to Effective Remedy
- Başak Bağlayan, Searching for Human Rights Norms for Corporate Conduct in Domestic Jurisprudence: A Bottom-Up Approach to International Law
- Karin Buhmann, Analysing OECD National Contact Point Statements for Guidance on Human Rights Due Diligence: Method, Findings and Outlook
- Kendyl Salcito & Mark Wielga, Corporate Human Rights Risk Assessment: Aligning what is Measured and Managed
Conference: La Convention de Vienne sur le droit des traités : bilan et perspectives cinquante ans après son adoption
Call for Papers: Exit! Il recesso dai trattati multilaterali Crisi e nuovi slanci nella cooperazione internazionale ed europea
The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to human rights policy in the Global South.
This innovative book offers a thorough and complete examination of the Inter-American Court’s jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.
- John Harrington, “We can’t wait for the bugs to spread” rhetorics of time, space and biosecurity in global health law
- Dana Burchardt, The twilight of legal order? On the current challenges faced by the concept of a legal system
- Martine Beijerman, Conceptual confusions in debating the role of NGOs for the democratic legitimacy of international law
- Brian McGarry, The Global Pact for the Environment: Freshwater and Economic Law Synergies
- Aaditya Mattoo & Joshua P Meltzer, International Data Flows and Privacy: The Conflict and Its Resolution
- Gabrielle Marceau, Evolutive Interpretation by the WTO Adjudicator
- Devin McDaniels, Ana Cristina Molina, & Erik N Wijkström, A Closer Look At WTO’s Third Pillar: How WTO Committees Influence Regional Trade Agreements
- Federico Ortino, The Obligation of Regulatory Stability in the Fair and Equitable Treatment Standard: How Far Have We Come?
- Qiang Cai & Pengfei Zhang, A Theoretical Reflection on the OECD’s New Statistics Reporting Framework for the Mutual Agreement Procedure: Isolating, Measuring, and Monitoring
- Sherzod Shadikhodjaev, Non-Market Economies, Significant Market Distortions, and the 2017 EU Anti-Dumping Amendment
- Ingo Venzke, Possibilities of the Past: Histories of the NIEO and the Travails of Critique
- Marta Lorente, Historical Titles v. Effective Occupation: Spanish Jurists on the Caroline Islands Affair (1885)
- Joshua Smeltzer, On the Use and Abuse of Francisco de Vitoria: James Brown Scott and Carl Schmitt
- Chen Li, Professor James Leslie Brierly and His First Chinese Pupil Li Shengwu at Oxford University Faculty of Law (1927–1930)
- Yannick Radi, Introduction: Taking stock of the societal and legal interplay between human rights and investment
- Ursula Kriebaum, Human rights and international investment arbitration
- Rodrigo Polanco & Rodrigo Mella, Investment arbitration and human rights cases in Latin America
- Maria Fanou & Vassilis Tzevelekos, The shared territory of the ECHR and international investment law
- Laurence Boisson de Chazournes & Rukia Baruti, Human rights, international investment law and transparency
- Valentina Vadi, Human rights and investments at the WTO
- Gwen Lehane, Human Rights at the World Bank group
- Eric De Brabandere & Maryse Hazelzet, Corporate responsibility and human rights – Navigating between international, domestic and self-regulation
- Gilles Lhuilier, MNCs obligations in their 'sphere of influence'
- Joanna Kyriakakis, International criminal responsibilities for MNCs violations of human rights
- Antal Berkes, Extraterritorial responsibility of the home States for MNCs violations of human rights
- Jacky Mandelbaum & Jennifer Loutit, Extractive industry investments and human rights
- Kaitlin Cordes, Investments and human rights in the agricultural sector
- Dorothée Baumann-Pauly & Sarah Margaretha Jastram, Assessing human rights issues in the fashion industry – Challenges for investors
- Mara Tignino, Private investments and the human right to water
- Delphia Lim, Investments and human rights in Asia
Friday, December 21, 2018
- Klaus Peter Berger, Institutional arbitration: harmony, disharmony and the ‘Party Autonomy Paradox’
- A conversation with Professor William W. (Rusty) Park—as interviewed by Professor Catherine A. Rogers: Institute for Transnational Arbitration Houston, Texas, 13 January 2017
- Julio César Betancourt, Damages for breach of an international arbitration agreement under English arbitration law
- Daniel Kalderimis, International arbitration in a brave new world
- Alexey Vyalkov, Hypothetical release damages: a ‘one-size-fits-all’ way to establish a loss in international investment disputes?
- Susanna Hoe, Pope Gregory the Great and the Disputes of Sardinian Women 591–604
- Recent Developments
- Peng Hou, Financing arbitration in mainland China: Hong Kong’s legislation as a model
- James A.R. Nafziger, Some Personal Reflections about Getting Started as an International Lawyer
- Michael Hwang S.C. & Lim Si Cheng, Breaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood
- Hyun-jin Park, Sovereignty Over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbales (1952–1965)
- Yasue Mochizuki, Roles and Functions of Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law
- Brian McGarry, Third Parties and Insular Features After the South China Sea Arbitration
- Agata Kleczkowska, “Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States
Thursday, December 20, 2018
- Misrecognition in World Politics: Revisiting Hegel
- Charlotte Epstein, Thomas Lindemann, & Ole Jacob Sending, Frustrated sovereigns: the agency that makes the world go around
- Charlotte Epstein, The productive force of the negative and the desire for recognition: Lessons from Hegel and Lacan
- Minda Holm & Ole Jacob Sending, States before relations: On misrecognition and the bifurcated regime of sovereignty
- Ayşe Zarakol, Sovereign equality as misrecognition
- Tanja Aalberts, Misrecognition in legal practice: the aporia of the Family of Nations
- Julia Gallagher, Misrecognition in the making of a state: Ghana’s international relations under Kwame Nkrumah
- Catarina Kinnvall & Ted Svensson, Misrecognition and the Indian state: the desire for sovereign agency
- Thomas Lindemann, Agency (mis)recognition in international violence: the case of French jihadism
Wednesday, December 19, 2018
- Monica Hirst, Thinking Regional on Peace Missions in Latin America
- Danilo Marcondes, Maíra Siman & Ricardo Oliveira, South-South Cooperation and Training for Peacekeeping Participation: Expertise and Status in Brazil’s Involvement in Africa and Latin America
- Sara Singleton & Anne Holohan, The Case for ‘Trust Awareness’ as a Key Soft-Skill for Peacekeepers: A Study on How Trust Impacts Inter-Organizational Cooperation and Local Ownership with Military Peacekeepers Deployed to UNIFIL
- Conor Foley, Rebuilding the Justice Sector of Afghanistan
- Nicholas Vialle, Managing Expectations: How Have Tensions between the International Community and National Government Impacted the Implementation of Transitional Justice in South Sudan?
Dimitrakos: Greece’s Ratification Procedure of the Final Settlement Agreement Between Greece and FYROM
Guariglia, Batros, Gallmetzer, & Mugwanya: The Appeals Chamber of the International Criminal Court: Commentary and Digest of Jurisprudence
A comprehensive source of the most authoritative statements of the International Criminal Court's appellate jurisprudence. Its clear format includes commentaries followed by excerpts of the decisions and judgments, carefully selected by lawyers based on their relevance and grouped by topic. It provides a practical background to the International Criminal Court's appellate jurisprudence from experienced current and former Appeals Counsel of the Office of the Prosecutor of the Court, highlighting pertinent issues. In doing so, readers are given the tools to discern the meaning of the case law themselves, while attention is drawn to the most important developments in the jurisprudence. This text presents an authoritative and comprehensive digest of the Appeals Chamber's jurisprudence, bringing the relevant case extracts together for the first time with clear and informative commentary.
Epidemics are the result of the actions of multiple actors, which necessitates a comprehensive allocation of responsibility. However, the traditional framework for responsibility, as well as the emerging norm of the responsibility to protect, are inadequate for addressing epidemics. Both perpetuate the fallacy that states can, on their own, cope with the increased incidence of epidemics and fail to adequately allocate responsibility.
Given these limitations, this Article argues for a new vision of responsibility. It develops the theory underlying the norm of common but differentiated responsibility and makes the case for expansion of this framework to the challenges posed by highly-infectious diseases. This Article articulates the distinctive normative bases for differentiating responsibilities based on need, culpability, and capacity. The framework developed herein better distributes responsibility and is less state-centric than rival norms. It accounts for structural inequality in ways that other frameworks do not. Further, it does not reify the false hierarchy between civil and political rights and economic and social rights that exists in other frameworks. It recognizes and accounts for the significant role of non-state actors and provides a basis for holding such actors responsible, as opposed to the non-attribution of responsibility that exists.
There is reason for cautious optimism about the prospects of success of this framework. First, it is consistent with theoretical and existing foundations of law where responsibility is tethered to an actor’s conduct and relationship to the harm through culpability. However, the framework does not treat the culpability model as a legal straitjacket and envisions a broad understanding of causation—direct, indirect, and historical. Additionally, the framework differentiates based on capacity, which is derived from human rights and global public health law. It also draws on extralegal incentives, building on moral and political conceptualizations of responsibility towards those in need. The common but differentiated responsibility framework is likely to gain approval and assist rapidly with the battle against epidemics. In fact, elements of it are already reflected in state practice. In sum, the theoretical framework developed in this Article serves not only to provide useful guidance to actors in the face of epidemics but also to shift extant conceptualizations of responsibility in significant ways.
- Liu Nengye & Xu Qi, How Might the European Union Engage Constructively with China in the South China Sea?
- Suk Kyoon Kim, The Expansion of and Changes to the National Coast Guards in East Asia
- Timothy Perry, The PSI as a Shared Good: How the Proliferation Security Initiative Both Challenges and Reinforces a Prevailingly Mare Liberum Regime
- Finn Mørk, Classification of Seafloor Highs in Accordance With Article 76 of UNCLOS—Consequences of the Commission on the Limits of the Continental Shelf Recent Modifications of Its Interpretations
Tuesday, December 18, 2018
Call for Papers: EU Law, Trade Agreements, and Dispute Resolution Mechanisms: Contemporary Challenges
- E. Guntrip, International Investment Law in an Isolationist World: A Human Rights Perspective
- C. Sim, Strategies for Addressing Human Rights Violations in Investment Arbitration. Substantive Principles and Procedural Solutions
- F. Capone, A Reflection on the Transformative Potential of Reparations. The Approach of the Regional Human Rights Courts
- L. Lyra Jubilut & A. Sanctis, Human Rights at the International Court of Justice: The Construction of a Conversation from Judges’ Individual Opinions
- Paul Harpur & Michael Ashley Stein, Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities: An Identity without a Home?
- Kirsten Campbell, Building National and Regional Accountability for Conflict Related Sexual Violence: From Prosecutions in the Former Yugoslavia to the African Court of Justice and Human and Peoples’ Rights
- Taygeti Michalakea, Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours
- Isobel Renzulli, Strengthening the Preventive Role of the Committee for the Prevention of Torture in Africa
The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars, and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not.
Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this think piece explores substantive standards in recent treaty practice. It finds that new IIAs converge to a large extent with respect to their substantive standards. Old generation IIAs will probably remain dominant for some time as they represent the bulk of existing agreements. But there is a clear trend towards displacing them with the conclusion of new generation IIAs.
- Sandra Liebenberg, Participatory Justice in Social Rights Adjudication
- Kay Wilson, The Call for the Abolition of Mental Health Law: The Challenges of Suicide, Accidental Death and the Equal Enjoyment of the Right to Life
- Andrea Nicholson, Minh Dang & Zoe Trodd, A Full Freedom: Contemporary Survivors’ Definitions of Slavery
- Laurens Lavrysen, Causation and Positive Obligations Under the ECHR: A Reply to Vladislava Stoyanova
- Charilaos Nikolaidis, Unravelling the Knot of Equality and Privacy in the European Court of Human Rights and the US Supreme Court: From Isonomia to Isotimia
- Mark Simpson, Assessing the Compliance of the United Kingdom’s Social Security System with its Obligations under the European Social Charter
- Andrew Novak, The ‘Judicial Dialogue’ in Transnational Human Rights Litigation: Muruatetu & Anor v Republic and the Abolition of the Mandatory Death Penalty in Kenya
- The Global Forum
- Sung-Mi Kim, Sebastian Haug & Susan Harris Rimmer, Minilateralism Revisited: MIKTA as Slender Diplomacy in a Multiplex World
- Conor Seyle & Roberta Spivak, Complexity Theory and Global Governance: Is More Different?
- Marianne Beisheim & Nils Simon, Multistakeholder Partnerships for the SDGs: Actors’ Views on UN Metagovernance
- Joseph G. Bock & Ziaul Haque, Getting a Sharper View of the Humanitarian Marketplace: Introducing Conduit Engagement Theory
- Nicholas Chan, “Large Ocean States”: Sovereignty, Small Islands, and Marine Protected Areas in Global Oceans Governance
- Joel E. Oestreich, The World Bank and the “Equity Agenda”: An Assessment After Ten (or So) Years
- Jami Nelson-Nuñez & Elise Pizzi, Governance and Water Progress for the Rural Poor
- Theresa Squatrito, The Democratizing Effects of Transnational Actors’ Access to International Courts
- Valentina Carraro & Hortense Jongen, Leaving the Doors Open or Keeping Them Closed? The Impact of Transparency on the Authority of Peer Reviews in International Organizations
This chapter examines the role of resolutions in the International Law Commission (ILC) Conclusions on Identification of Customary International Law. The analysis unfolds along three lines of inquiry. The first one critically analyses the methodology devised by the ILC to ascertain the existence of a customary rule with a view to understanding how it works in the institutional setting of international organizations. The second one examines the definition of resolution contained in the Conclusions and compares it with the mainstream literature on the concept of resolution. The third one evaluates the practical implications of the ILC conclusions by using the resolutions of the United Nations General Assembly as a case study. An argument is made that the ILC Conclusions do not add either certainty or sophistication to the process of ascertaining customary rules, thus failing to provide authoritative guidance to practitioners in the field of international organizations’ practice.
- Patrick Dumberry, State Succession to Multilateral Investment Treaties and the ICSID Convention
- Christine Sim, Attributing Responsibility to International Organisations: Lessons from the EU–Singapore Investment Protection Agreement
- Régis Bismuth, Screening the Commission’s Regulation Proposal Establishing a Framework for Screening FDI into the EU
- Facundo Calvo, The Most Feasible Way Towards a Multilateral Investment Treaty
- Matej Kosalko, (In)Genuinely Foreign Investment: A Survey of Nationality Requirements in Investment Disputes
- Victoria Barausova, Slovak Republic v. Achmea from a Public International Law Perspective: Is State Consent to Arbitrate Under Intra-EU BITS Still Valid?
- Giammarco Rao, The Withdrawal of a European State from the ECT in Light of the Achmea Case
- Aesa Dey, Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, c.a. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/12/21, Award, 13 November 2017
- Cees Verburg & Nikos Lavranos, Recent Awards in Spanish Renewable Energy Cases and the Potential Consequences of the Achmea Judgment for Intra-EU ECT Arbitrations
- Antonia Cavedon & Simon Weber, Digging Deeper: Summary of the Hearing before the CJEU in the Achmea Case
- Dorieke Overduin, Turning Tides: The Landmark Decision in the Achmea Case – The Ecosystem of EU Law Means the End of Intra-EU BITS
- Anna Bilanová & Jaroslav Kudrna, Achmea: The End of Investment Arbitration as We Know It?
- Anastasios Gourgourinis, After Achmea: Maintaining the EU Law Compatibility of Intra-EU BITS Through Treaty Interpretation
- Charles N. Brower, Doomed to Failure: Why the EU Investment Court System is Destined to Fail Both Foreign Investors and Host States – 3rd Annual EFILA Conference Keynote
- Katariina Särkänne, Report on the 3rd Annual EFILA Conference on Parallel States’ Obligations in Investor-State Arbitration
- Christopher Greenwood, Most Favoured Nations Clauses in BITS – What is Their Real Purpose (and Their Real Effect)? – 3rd Annual EFILA Lecture
Normally, a coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory. In some situations, however, States have overlapping claims as to their continental shelves, which raises important issues as to how such States must conduct themselves prior to resolution of their dispute. This chapter advances eight basic rules that every State is expected to follow in such a situation. Inevitably, such rules are general in nature and will have variable effects when applied in context. Nevertheless, it is submitted that such rules provide importance guidance to States in upholding their overall duty to resolve disputes peacefully.
Monday, December 17, 2018
- Ignacio Tredici & Renaud Galand, Holding to Account the Commission of International Crimes in the Central African Republic: The Establishment of the Special Criminal Court
- Loris Marotti, Determining the Scope of the Local Remedies Rule in UNCLOS Disputes
- Chie Sato, The UN and Its Agencies in the Development of Regulations on Management and Conservation of Fisheries: A Plurality of Initiatives but Questionable Coherence
- Federica I. Paddeu, To Convene or Not to Convene? The Future Status of the Articles on State Responsibility: Recent Developments
- Petra Minnerop, Taking the Paris Agreement Forward: Continuous Strategic Decision-making on Climate Action by the Meeting of the Parties
- Stephanie Schlickewei, The Revision of the General Comment No. 1 on the Implementation of Art. 3 UNCAT’s Non-Refoulement Obligation in Light of the Use of Diplomatic Assurances
- Rishi Gulati, An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric?
- Stephan F.H. Ollick, The European Union in the Mediterranean Sea: Navigating the Political-Legal Shallows
- Nneka A. Okechukwu, Self-Determination and Democracy in Post-Conflict Africa: Moving from Procedure to Substance
- Benjamin Baak Deng, Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan
- Odysseas G. Repousis, State Succession and Devolution Agreements Revisited: A Note on Sanum v. Laos
- Gaiane Nuridzhanian, Crimea in International Courts and Tribunals: Matters of Jurisdiction
- Fozia Nazir Lone, The ‘One Country, Two Systems’ Model and Political Reform in Hong Kong: A TWAIL Approach
- Till Patrik Holterhus, The History of the Rule of Law
- Inga Witte, Interactions between International Investment Law and Constitutional Law: Promoting the Dialogue. A European Perspective on Judicial Cooperation and Deference
- Romain Chuffart, Speaking of Rights: Indigenous Linguistic Rights in the Arctic
- Mikael Lundmark, The European Court of Human Rights and the Protection of Arctic Indigenous Peoples Rights
- Monica Burman & Eva-Maria Svensson, Women’s Human Rights in the Governance of the Arctic – Gender Equality and Violence against Indigenous Women
- Ayo Næsborg-Andersen & Bassah Khalaf, The Right of Indigenous Peoples to Education in Their Own Language – Greenlanders in Denmark and in Greenland
- Tanja Joona, Safeguarding Cultural Rights of Sámi Children and Youth in Finland, with Special Emphasis on the Linguistic Part of Cultural Identity – Current Challenges
- Ekaterina Britcyna, Soili Nystén-Haarala & Minna Pappila, Extractive Industries and Public Participation in Russia: The Case of the Oil Industry in Izhemskii District, Komi Republic
- Karin Buhmann, International Law and Corporate Social Responsibility: The Potential of OECD’s MNE Guidelines for Advancing Social Benefits in the Context of Natural Resource Exploitation in the Arctic, with Particular Regard to Greenland
- Ulrike Barten & Bent Ole Gram Mortensen, Uranium in Greenland: Questions of Resources and Security in a Self-Government Setting
- Yuanyuan Ren & Dan Liu, A Rule Follower, a Challenger, or a Learner? Recasting China’s Engagement in the Arctic
- Andrew Jackson, Politics, Diplomacy, and the Creation of Antarctic Consensus
- Sune Tamm, Julia Jabour & Rachael Lorna Johnstone, Iceland’s Accession to the Antarctic Treaty
- Clive R. Symmons, Problems in the Law of the Sea Relating to Insular Formations in Ice-bound Seas and Polar Regions of the Arctic, with Particular Reference to Judicial Dicta in US v Alaska (1996) and to Recent Discoveries of New Arctic Islands (such as ‘Yaya’) due to Glacial Melt
- Daniela Tommasini & Shenghan Zhou, Images and Expectations of Chinese Tourists Visiting an Arctic Destination: Rovaniemi, Finnish Lapland
- Sarah Laval, Pour une ratification de la Convention du cap relative aux garanties internationales portant sur des matériels d'équipement mobiles
- Fabien Marchadier, Le droit à une nationalité au service de l'éradication de l'apatridie
- Yann Kerbrat & Sandrine Maljean-Dubois, La contribution en demi-teinte de la CIJ au droit international de l'environnement dans les affaires Costa Rica / Nicaragua
Sunday, December 16, 2018
- Oceans and Space: New Frontiers in Investment Protection?
- Stephan W. Schill, Christian J. Tams & Rainer Hofmann, Oceans and Space: New Frontiers in Investment Protection? An Introduction
- Christopher Greenwood, Oceans and Space: Some New Frontiers for International Investment Law
- Seline Trevisanut & Nikolaos Giannopoulos, Investment Protection in Offshore Energy Production: Bright Sides of Regime Interaction
- Peter Tzeng, Investment Protection in Disputed Maritime Areas
- Markos Karavias, Submarine Cables and Pipelines: The Protection of Investors Under International Law
- Joanna Dingwall, International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction
- Ingo Baumann, Hussaine El Bajjati & Erik Pellander, NewSpace: A Wave of Private Investment in Commercial Space Activities and Potential Issues Under International Investment Law
- Peter Malanczuk, Investment Protection of Commercial Activities in Space: Treaties, Contracts, Licenses, Insurance, Arbitration
- Mahulena Hofmann & P.J. Blount, Emerging Commercial Uses of Space: Regulation Reducing Risks
- Stephan Hobe, Rada Popova, Hussaine El Bajjati & Julian Scheu, The Protection of Satellite Telecommunications Activities Under Bilateral Investment Treaties
- Robin Warner, Oceans of Opportunity and Challenge: Towards a Stronger Governance Framework for Conservation and Sustainable Use of Biodiversity in Marine Areas beyond National Jurisdiction
- Michael Batty & Vivian Fernandes, Management of Tuna Fisheries for Sustainable Development in the Pacific Islands: Regional Cooperation in a Shared Fishery as a Means of Achieving the Sustainable Development Goals
- Joanna Mossop, Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?
- Christine Sim, Maritime Boundary Disputes and Article 298 of UNCLOS: A Safety Net of Peaceful Dispute Settlement Options
- Lyle J. Morris, Crossing Interagency Lines: Enhancing Navy-Coast Guard Cooperation to Combat Gray Zone Conflicts of East Asia
Saturday, December 15, 2018
- Chie Kojima, Maritime Law Enforcement in Japan
- Hadyu Ikrami & Leonardo Bernard, Indonesia’s Maritime Governance: Law, Institutions and Cooperation
- Thi Lan Anh Nguyen & Ngan Ha Mai, Vietnam Maritime Law Enforcement
- Anastasia Telesetsky, U.S. State Practice: Taking a Necessary Long-Arm Approach to Maritime Enforcement
- James Wraith & Clive Schofield, Australia’s Endeavours in Maritime Enforcement: Securing Vast and Vital Oceans
- Karen N. Scott, Maritime Law Enforcement in New Zealand
- Buhm-Suk Baek, Major Decisions from the Second Half of 2017 to the First Half of 2018
- Moshe Hirsch & Andrew Lang, Introduction to the Research Handbook on the Sociology of International Law
- Bryant G. Garth, Issues of Empire, Contestation, and Hierarchy in the Globalization of Law
- Fabian Bohnenberger & Christian Joerges, A conflicts-law response to the precarious legitimacy of transnational trade governance
- Sabine Frerichs & Rick James, Correlated ownership: Polanyi, Commons, and the property continuum
- Wouter G. Werner, Regulating Speed: Social Acceleration and International Law
- Ruth Buchanan, Kimberley Byers & Kristina Mansveld, ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development
- Andrew Lang, International lawyers and the study of expertise: representationalism and performativity
- Deval Desai, Ignorance/power: rule of law reform and the administrative law of global governance
- Mikael Rask Madsen, Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law
- Gregory Messenger, The practice of litigation at the ICJ: the role of counsel in the development of international law
- David Schneiderman, International investment law as formally rational law: a Weberian analysis
- Jeffrey L. Dunoff & Mark A. Pollack, Practice theory and international law
- Nicolas Lamp, The ‘practice turn’ in international law: insights from the theory of structuration
- Galit A. Sarfaty, An Anthropological Approach to International Economic Law
- Sergio Puig, Network analysis and the sociology of international law
- Shai Dothan, Social networks and the enforcement of international law
- Wolfgang Alschner, Locked in language: historical sociology and the path dependency of investment treaty design
- Sungjoon Cho, Social constructivism and the social construction of world economic reality
- Moshe Hirsch, Core Sociological Theories and International Law
- Vincent Bernard, The disappeared and their families: When suffering is mixed with hope
- Interview with Estela Barnes de Carlotto: President of the Grandmothers of the Plaza de Mayo
- Maleeka Salih & Gameela Samarasinghe, Families of the missing in Sri Lanka: Psychosocial considerations in transitional justice mechanisms
- Pauline Boss, Families of the missing: Psychosocial effects and therapeutic approaches
- Q&A: The ICRC's engagement on the missing and their families
- Ximena Londoño & Alexandra Ortiz Signoret, Implementing international law: An avenue for preventing disappearances, resolving cases of missing persons and addressing the needs of their families
- Bernard Duhaime & Andréanne Thibault, Protection of migrants from enforced disappearance: A human rights perspective
- Monique Crettol, Lina Milner, Anne-Marie La Rosa, & Jill Stockwell, Establishing mechanisms to clarify the fate and whereabouts of missing persons: A proposed humanitarian approach
- Isabelle Lassée, The Sri Lankan Office on Missing Persons: Truth and justice in tandem?
- Vishakha Wijenayake, The Office on Missing Persons in Sri Lanka: The importance of a primarily humanitarian mandate
- Elisabeth Baumgartner & Lisa Ott, Determining the fate of missing persons: The importance of archives for “dealing with the past” mechanisms
- Using forensic science to care for the dead and search for the missing: In conversation with Dr Morris Tidball-Binz: Forensic Manager of the Missing Persons Project, ICRC
- Grażyna Baranowska, Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons
- Gabriella Citroni, The first attempts in Mexico and Central America to address the phenomenon of missing and disappeared migrants
- Ahmed Al-Dawoody, Management of the dead from the Islamic law and international humanitarian law perspectives: Considerations for humanitarian forensics
- François Bugnion, Adoption of the Additional Protocols of 8 June 1977: A milestone in the development of international humanitarian law
- Geoff Loane & Ricardo Fal-Dutra Santos, Strengthening resilience: The ICRC's community-based approach to ensuring the protection of education
L’organisation de la poursuite des responsables de crimes de masse se présente comme un phénomène contemporain, multidimensionnel et incertain. Un phénomène contemporain car si l’on met de côté le précédent controversé – mais néanmoins précieux – des Tribunaux militaires internationaux au sortir de la Seconde Guerre mondiale (Nuremberg et Tokyo), la justice pénale internationale est née il y a vingt-cinq ans seulement, lorsque le Conseil de sécurité créa le Tribunal pénal international pour l’ex-Yougoslavie (TPIY). Un phénomène multidimensionnel puisque, depuis la « renaissance » de la justice pénale internationale en 1993, ce sont trois générations de juridictions qui ont été inventées. Les deux Tribunaux pénaux internationaux (ex-Yougoslavie et Rwanda) ; neuf juridictions dites hybrides, mêlant aspects de droit interne et de droit international ; et une juridiction pénale internationale permanente, la Cour pénale internationale (CPI). Un phénomène incertain enfin car si la CPI s’affirme ainsi comme la pièce centrale de la justice pénale internationale, si elle fait pleinement partie du paysage institutionnel international, elle peine à correspondre à l’idéal du glaive et de la balance.
Friday, December 14, 2018
- Nadia Banteka, A Theory of Constructive Interpretation for Customary International Law Identification
- Michael Da Silva, The International Right to Health Care: A Legal and Moral Defense
- Andrew Kent, Piracy and Due Process
- Vera Shikhelman, Access to Justice in the United Nations Human Rights Committee
- S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport & Hao Duy Phan, The South China Sea Arbitration: Laying the Groundwork
- Robert Beckman, Jurisdictional Issues in the South China Sea Arbitration
- Stuart Kaye, Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle
- Tara Davenport, Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration
- Clive R Symmons, Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now?
- Youna Lyons, Luu Quang Hung & Pavel Tkalich, Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective
- Erik Franckx, The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward
- Myron H Nordquist, UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation?
- J Ashley Roach, Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award
- Nilüfer Oral, The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment
- J Ashley Roach, Rocks Versus Islands: Implications for Protection of the Marine Environment
- S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport & Hao Duy Phan, Conclusion
Thursday, December 13, 2018
The Trump administration has been launching numerous challenges to international law. Countless commentators have lamented the decline of multilateralism and the so-called “Liberal World Order.” We may indeed be witnesses of the comeback of 19th century thinking on sovereignty and a return to Balance of Power Politics.
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.
Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Moon & Toohey: The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited
- Andrew Lang, Foreword
- Gillian Moon & Lisa Toohey, Introduction to the embedded liberalism compromise
- Meredith Kolsky Lewis, The embedded liberalism compromise in the making of the GATT and Uruguay Round Agreements
- Lisa Toohey, The embedded liberalism compromise as touchstone in times of political turmoil
- Gillian Moon, Universal human rights in the embedded liberalism compromise
- Chios Carmody, Recalibrating the embedded liberalism compromise: 'legitimate expectations' and international economic law
- Fiona Smith, From agriculture to food security: embedded liberalism and stories of regulatory failure
- Hsu-Hua Chou & Weihuan Zhou, Embedded liberalism and national treatment: the case of Taiwan's Mijiu taxation
- Catharine Titi, Embedded liberalism and international investment agreements: the future of the right to regulate, with reflections on WTO law
- Andrew D. Mitchell & Elizabeth Sheargold, Regulatory coherence in future free trade agreements and the idea of the embedded liberalism compromise
- Rachel Harris ,Embedded liberalism as a framework for description, critique and advocacy: the case of human rights measures under the GATT
- Justine Nolan & Gillian Moon, Embedded liberalism and global business: domestic stability versus corporate autonomy?
- Franziska Sucker, The embedded liberalism compromise and cultural policy measures. Maintaining cultural diversity alongside WTO law
- Emily Reid, The WTO's purpose, regulatory autonomy and the future of the embedded liberalism compromise
- Giorgio Sacerdoti, Il regime degli scambi del Regno Unito con l’Unione Europea e i Paesi terzo dopo la Brexit : opzioni e vincoli internazionali
- Maria Chiara Vitucci, La competenza a rappresentare lo Stato nella conclusione dei trattati e la validità degli accordi fra diritto interno e diritto internazionale
- Micol Barnabò, Le violazioni sistematiche della Convenzione europea dei diritti dell’uomo come composite act ai sensi dell’art. 15 del progetto di articoli sulla responsabilità degli Stati
- Note e Commenti
- Giuseppe Palmisano, La verifica delle credenziali nell’Assemblea parlamentare del Consiglio d’Europa e la crisi delle sanzioni alla delegazione russa
- Alice Ollino, Sull’obbligo di non riconoscimento degli enti sorti in violazione di norme internazionali fondamentali : il caso Güzelyurtlu e altri c. Cipro e Turchia
- Cristina Campiglio, Lo statuto personale dei rifugiati : vecchi e nuovi problemi di diritto internazionale privato
- Natalino Ronzitti, Impiego di armi chimiche in Siria, intervento d’umanità e responsabilità di proteggere
- Elena Sciso, Responsabilità di proteggere in Siria e uso unilaterale della forza
- Fulvio Maria Palombino, Sui pretesi limiti costituzionali al potere del Governo di stipulare accordi in forma semplificata
- Pierfrancesco Rossi, Il Presidente della Repubblica e il rispetto degli obblighi internazionali : in margine al primo rinvio alle Camere per contrasto con l’art. 117, 1º comma, Cost.
- Riccardo Pavoni, Giurisdizione civile universale per atti di tortura e diritto di accesso al giudice : la sentenza della grande camera della Corte europea dei diritti umani nel caso Naït-Liman
- Luigi Fumagalli, Meccanismi ISDS negli intra-EU BIT’s : la Corte di giustizia pone fine a un lungo dibattito. E ora?
- Special Issue: Exiting International Organizations
- Catherine M Brölmann, Richard Collins, Sufyan Droubi & Ramses A Wessel, Exiting International Organizations: A Brief Introduction
- Nicolas Kang-Riou & David Rossati, The Effects of Juridification on States Exiting International Institutions
- Jed Odermatt, How to Resolve Disputes Arising from Brexit: Comparing International Models
- Siri Silvereke, Withdrawal from the EU and Bilateral Free Trade Agreements: Being Divorced Is Worse?
- William Thomas Worster, Brexit and the International Law Prohibitions on the Loss of EU Citizenship
- Juan-Pablo Perez-Leon-Acevedo, Why Retain Membership of the International Criminal Court? Victim-Oriented Considerations
- Frederick Cowell, Exit Clauses in Regional Human Rights Systems: The Socialisation of Human Rights Law at Work?
- Eberhard Schmidt-Aßmann, Zum Standort der Rechtsvergleichung im Verwaltungsrecht
- Beáta Bakó, The Zauberlehrling Unchained?
- Jeanique Pretorius, Enhancing Environmental Protection in Non-International Armed Conflict: The Way Forward
- Andrea de Guttry, The Right of Aliens to Vote and to Carry Out Political Activities: A Critical Analysis of the Relevant International Obligations Incumbent on the State of Origin and on the Host State
- Malte Fischer, Der Zwei-plus-Vier-Vertrag und die reparationsberechtigten Drittstaaten
- Ignacio de la Rasilla, Islam and the Global Turn in the History of International Law
- Ignacio de la Rasilla, The Protean Historical Mirror of International Law
- Michelle Burgis-Kasthala, How Should International Lawyers Study Islamic Law and Its Contribution to International Law?
- Ayesha Shahid, An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions
- John D. Haskell, Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion
- Robert Kolb, The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?
- Jean Allain, Khadduri as Gatekeeper of the Islamic Law of Nations?
- Ignacio Forcada Barona, In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law
- Pierre-Alexandre Cardinal & Frédéric Mégret, The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix
- Luigi Nuzzo, Law, Religion and Power: Texts and Discourse of Conquest
- Ilias Bantekas, Land Rights in Nineteenth-Century Ottoman State Succession Treaties
- Haniff Ahamat & Nizamuddin Alias, The Evolution of the Personality of the Malay Sultanate States
- Matthias Vanhullebusch, On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?
- Mohamed Badar, Ahmed Al-Dawoody & Noelle Higgins, The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse
This chapter explores the relationship between international criminal justice and the field of humanitarianism. From some perspectives within these fields, humanitarianism and international criminal justice are diametrically opposed (international criminal justice against humanitarianism). Whilst recognising the differences in mandates and operational practices, this chapter argues that the fields nevertheless share certain attributes and challenges. Building on these parallels, the chapter illustrates two central issues faced by both fields: their relationship to and enactment of politics and their accountability to various constituencies (international criminal justice and humanitarianism). In addition to facing analogous challenges, the fields may in fact overlap when international criminal justice addresses humanitarian concerns by undertaking relief provision, or when lawyers use international criminal justice as a practice to alleviate suffering (international criminal justice as a form of humanitarianism). The chapter concludes with a call for further reflexivity in the field of international criminal justice, inspired by developments in humanitarian scholarship and practice.
Wednesday, December 12, 2018
The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. Without central authority, authoritativenes in international law must always be earned which is also the reason for the lack of an hierarchical order between as well as within judicial pronouncements and learned writings though the former are usually more likely to fulfil the criteria of authoritativeness. In both cases, however, previously acquired reputation of a court or even an individual judge as well as of a learned writer can create a presumption of authoritativeness. On a more general level, the author concludes with a call for a more careful differentiation between the determination of law and its application. Putting the issue discussed into perspective, the author argues that situations of law determination arise, contrary to common understanding, in fact far less often than situations of law application.
Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.
But what if the problem isn’t policy, but principle? The major international economic institutions of the last few decades have been based on and around a normative principle of “growing the pie” and “raising all boats.” Most policy tweaks that have been suggested assume this neoliberal principle, even while trying to soften it harder edges. But it’s not clear that those voting against trade agreements agree.
This essay reconsiders the normative basis of international economic law, searching for a new narrative that can reopen and reinvigorate trade politics while justifying and directing the regime going forward. Surveying various normative narratives put forward in the past, it asks what an embedded liberalism might look like in an era of complex transnational supply chains. It suggests that an international economic order built around a state’s obligations to provide for the welfare of its people might need to reorient around other policy issues like tax and regulations, shifting trade from the driver to passenger in international negotiations.
- Andrea Broderick, The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?
- Agustín Ruiz Robledo, The construction of the right to free elections by the European Court of Human Rights
- Tania Penovic & Ronli Sifris, Expanding the feminisation dimension of international law: targeted anti-abortion protest as violence against women
- Róisín A Costello, International criminal law and the role of non-state actors in preserving open source evidence
- Tsvetelina van Benthem, Social media actors in the fight against terrorism: technology and its impact on human rights
- Eva Kassoti, Doing business right? Private actors and the international legality of economic activities in occupied territories
- Johanna Aleria P Lorenzo, International law-making in the field of sustainable development and an emerging droit commun among international financial institutions
Tuesday, December 11, 2018
This article takes the Ethiopian case as a lens on how the existence of the League refracted approaches to statehood and belonging for polities on the margins of the “family of nations.” Unlike many other doctrinal or historical treatments, this article does not focus on any one juridical concept or doctrine, such as sovereignty, statehood, or recognition. Rather, it traces the flux within concepts, and the uneasy relation between them, which come to light when public statements in the League are read alongside deliberations within European foreign ministries, and projects of reform pursued in Ethiopia itself. Refocusing on the complexity of contemporary discussions reveals how juridical approaches have shifted over time in their relation to concrete factors such as military force, bureaucratic organization and political structures, and bridges a distinction entrenched by disciplinary demarcations in the secondary literature on statehood and state-making.
- John Karlsrud, From Liberal Peacebuilding to Stabilization and Counterterrorism
- Rachel Julian & Russell Gasser, Soldiers, Civilians and Peacekeeping – Evidence and False Assumptions
- Georgina Holmes, Situating Agency, Embodied Practices and Norm Implementation in Peacekeeping Training
- Oliver P. Richmond, Peace and the Formation of Political Order
- Steffi Raes, Cind Du Bois & Caroline Buts, Supplying UN Peacekeepers: An Assessment of the Body Bag Syndrome among OECD Nations