Sunday, November 18, 2018

Mbungo: L'Organisation des nations unies et l'effectivité des droits fondamentaux des déplacés internes

Rolince Mbungo has published L'Organisation des nations unies et l'effectivité des droits fondamentaux des déplacés internes (L'Harmattan 2018). Here's the abstract:
Le déplacement interne des populations au sein de leur propre pays pose un réel défi de protection des droits de l'homme. Si l'ONU s'est intéressée tardivement à ce phénomène, elle a entrepris de construire un meilleur cadre juridique et institutionnel international pour la protection des déplacés internes. Plus de deux décennies après ses principales initiatives, il a fallu éprouver la capacité de celles-ci à concrétiser les droits déclarés en droits effectifs. Il importerait que l'ONU renforce le cadre juridique et en restructure l'architecture institutionnelle.

Guariglia, Batros, Gallmetzer, & Mugwanya: The Appeals Chamber of the International Criminal Court: Commentary and Digest of Jurisprudence

Fabricio Guariglia (Office of the Prosecutor, International Criminal Court), Ben Batros (formerly, Office of the Prosecutor, International Criminal Court), Reinhold Gallmetzer (Office of the Prosecutor, International Criminal Court), & George Mugwanya (Office of the Prosecutor, International Criminal Court) have published The Appeals Chamber of the International Criminal Court: Commentary and Digest of Jurisprudence (Cambridge Univ. Press 2018). Here's the abstract:
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.

Barrios Villarreal: International Standardization and the Agreement on Technical Barriers to Trade

Andrea Barrios Villarreal has published International Standardization and the Agreement on Technical Barriers to Trade (Cambridge Univ. Press 2018). Here's the abstract:
International Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT).

Voon: Third Strike: The WTO Panel Reports Upholding Australia's Tobacco Plain Packaging Scheme

Tania Voon (Univ. of Melbourne - Law) has posted Third Strike: The WTO Panel Reports Upholding Australia's Tobacco Plain Packaging Scheme (Journal of World Investment and Trade, forthcoming). Here's the abstract:
Two of the four disputes against Australia’s tobacco plain packaging scheme in the World Trade Organization (WTO) have now been resolved, with the Dispute Settlement Body’s adoption of the Panel Reports upholding Australia’s tobacco plain packaging scheme with respect to Cuba and Indonesia. The fifth dispute, brought by Ukraine, was previously abandoned. The Panel’s lengthy decision deserves close examination, particularly as regards the balance in WTO law between WTO Members’ legitimate policy objectives (such as promoting public health) and restrictions on (i) trade (under Article 2.2 of the Agreement on Technical Barriers to Trade) or (ii) trademarks (under Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights). The Panel’s approach to the fundamental concepts of trade-restrictiveness (with respect to technical barriers to trade) and unjustifiability (with respect to encumbering trademarks) did not conform with the position put forward by either Australia or the complainants. These areas represent core aspects of the ongoing appeals by Honduras and the Dominican Republic against the Panel Reports. Although Australia did not appeal any of the Panel Reports, its own arguments before the Panel provide further insights into the Panel’s approach. The significance of the Panel Reports is heightened by the continuing United States blockage of appointments to the WTO Appellate Body, which is likely to lead to significant delays in completing the two appeals.

Sykes: The Economic Structure of International Investment Agreements with Implications for Treaty Interpretation and Design

Alan Sykes (Stanford Univ. - Law) has posted The Economic Structure of International Investment Agreements with Implications for Treaty Interpretation and Design. Here's the abstract:
This paper develops an economic theory of international investment agreements, applies it to explain central features of modern investment treaties, and uses it to address a number of prominent issues in international investment litigation. The paper argues that investment agreements have a dual function – to overcome international externalities akin to the “terms of trade” externality associated with protectionism in international trade, and to enable capital importing countries to commit more effectively to eliminate inefficient risks to foreign investors that uneconomically raise the cost of imported capital. Core features of typical investment agreements perform both functions to some degree, and an understanding of their relative importance helps to explain why the predominant approach to investment agreements is bilateral or minilateral rather than multilateral. The economic analysis also sheds light on a number of controversies in investor-state dispute settlement, including jurisdictional issues relating to the definition of “investor” and “investment,” the scope and interpretation of the national treatment and most-favored nation obligations, the evolution of the “fair and equitable treatment” obligation, the meaning of “expropriation,” and the current controversy over the interface between international investment law and domestic regulation. It also offers an explanation for recent trends in treaty provisions in response to some controversial arbitral decisions.

Saturday, November 17, 2018

Call for Submissions: International Law and Democracy Revisited – The EJIL 30th Anniversary Symposium

The European Journal of International Law has issued a call for submissions for its 30th Anniversary Symposium on the subject of "International Law and Democracy Revisited." Here's the call:

EJIL was founded in 1989, coinciding with the fall of the Berlin Wall and the attendant excitement encapsulated by that well-known optimistic/hubristic End of History phraseology, with predictions of liberal democracy to become regnant in the world and a New International Legal Order to replace the old First World-Second World-Third World distinctions.

Thirty years later the state of democracy, whether liberal or social or any other variant, seems to be far from sanguine.

Here is but a partial list of the challenges to democracy in the contemporary world:

  • The advent of so-called ‘illiberal democracies’
  • The crisis and breakdown of trust within established democracies
  • The reality or otherwise of states with ‘formal democracy’ often reduced to little more than elections, more or less free
  • The accountability and rule of law concerns, famously termed GAL concerns, which transnational governance regimes raise as indispensable features of democracy
  • The persistent ‘democracy deficit’ or ‘political deficit’ of the European Union and similar Organizations
  • The emergence of the global ‘data economy’ with mega platforms calling into question basic assumptions about territory and jurisdiction and calling into question the ability of democratic regimes to reign in such platforms increasingly questioned
  • The impact of both financial markets and international monetary bodies on the internal margin of manoeuvre and democratic choices of economic management
  • Democracy and global inequality: The relationship between counter-democratic ideologies, legal reforms and political processes at the domestic and global levels and social and economic processes such as the shrinking middle class and the lasting ramifications of the 2008 economic crisis.

The list of challenges could go on quite a bit. The international legal order itself has come under stress and the interaction, descriptively and prescriptively, of international law with the question of ‘democracy’ has become complex, even messy.

We are issuing here a Call for Papers. International lawyers from practice and academia as well as scholars from related disciplines are invited to send an abstract of 350-500 words setting out the prospective papers they would like to submit for inclusion in the symposium dealing with any theme that comes within the overarching topic of International Law and Democracy. We will accept proposals for research papers of 10-12K words as well as shorter Think Pieces of 5-7K words.

The deadline for the Abstracts is 15 January 2019. Draft papers of those abstracts selected by a committee composed of members of the Editorial Boards of EJIL will be expected by 15 June. We are considering a workshop in Madrid in early July to discuss the drafts. Final version of papers will be expected by 15 September.

Abstracts are to be sent to EJIL’s Managing Editor at anny.bremner {at} eui(.)eu by 15 January 2019.

Wang: China’s Approach to the Belt and Road Initiative

Heng Wang (Univ. of New South Wales - Law) has posted China’s Approach to the Belt and Road Initiative (Journal of International Economic Law, forthcoming). Here's the abstract:
The Belt and Road Initiative (BRI) is China’s most significant strategic move for engagement with its partners following its accession to the World Trade Organization (WTO). As a new form of regional multilateralism, the BRI is a hub-and-spoke network with China as the hub. This paper analyses China’s approach to the BRI from a legal perspective, focusing on two questions: first, is there an identifiable approach that China adopts in the BRI context; and second, what is the essence that underlies this project? The article argues that China’s approach to the BRI has three primary qualities: it is (i) less-institutionally focused; (ii) non-treaty-based; and (iii) proactive rather than reactive. However, the stability of these characteristics across different contexts should not be exaggerated, since China chiefly employs a “middle-of-the-road” strategy in engaging with the BRI. Flexibility is arguably the essence of China’s approach, and reflects the government’s adaptive attitude. Such a path not only diverges from China’s engagement with the WTO, but also could constitute a kind of Chinese counter-model to deep trade agreements pursued by developed economies.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 18, no. 4, November 2018) is out. Contents include:
  • Alice Cohen & Emma S. Norman, Renegotiating the Columbia River Treaty: Transboundary Governance and Indigenous Rights
  • Cristina Yumie Aoki Inoue, Worlding the Study of Global Environmental Politics in the Anthropocene: Indigenous Voices from the Amazon
  • Craig M. Kauffman & Pamela L. Martin, Constructing Rights of Nature Norms in the US, Ecuador, and New Zealand
  • Tobias Ide & Adrien Detges, International Water Cooperation and Environmental Peacemaking
  • Peter J. Jacques & Rafaella Lobo, The Shifting Context of Sustainability: Growth and the World Ocean Regime
  • Ingrid Boas, Sanneke Kloppenburg, Judith van Leeuwen, & Machiel Lamers, Environmental Mobilities: An Alternative Lens to Global Environmental Governance

Celermajer: The Prevention of Torture: An Ecological Approach

Danielle Celermajer (Univ. of Sydney - Sociology and Social Policy) has published The Prevention of Torture: An Ecological Approach (Cambridge Univ. Press 2018). Here's the abstract:
There is an urgent need to analyze and assess how we prevent torture, against the background of a rigorous analysis of the factors that condition and sustain it. Drawing on rich empirical material from Sri Lanka and Nepal, The Prevention of Torture: An Ecological Approach interrogates the worlds that produce torture, in order to propose how to bring about systemic institutional and cultural change. Critics have decried human rights approaches' failure to attend to structural factors, but this book seeks to go beyond a 'stance of criticism' to take up the positive project of reimagining human rights theory and practice. It discusses key debates in human rights and political theory, as well as the challenges that advocates face in translating situational analyses into real world interventions. Danielle Celermajer develops a new, ecological framework for mapping the worlds that produce torture, and thereby develops prevention strategies.

Friday, November 16, 2018

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 87, no. 3, 2018) is out. Contents include:
  • Christine Chinkin, The Third Hilding Eek Memorial Lecture - Violence against Women: International Human Rights Law, Criminal Law and Security
  • Liliana E. Popa, The Holistic Interpretation of Treaties at the International Court of Justice
  • Vladislava Stoyanova, The Disjunctive Structure of Positive Rights under the European Convention on Human Rights

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 21, nos. 5-6, November 2018) is out. Contents include:
  • Naqeeb Ur Rehman & Fei Yu, Do formal and informal protection methods affect firms' productivity and financial performance?
  • Kanchana Kariyawasam & Matthew Tsai, Access to genetic resources and benefit sharing: Implications of Nagoya Protocol on providers and users
  • Chidi Oguamanam, Wandering footloose: Traditional knowledge and the “Public Domain” revisited
  • Alice Yuen‐Ting Wong & Aurélie Mahalatchimy, Human stem cells patents—Emerging issues and challenges in Europe, United States, China, and Japan
  • Michelle F. Rourke, When knowledge goes viral: Assessing the possibility of virus‐related traditional knowledge for access and benefit‐sharing
  • Gunther Friedl & Christoph Ann, A cost‐based approach for calculating royalties for standard‐essential patents (SEPs)
  • João Pedro Quintais, Untangling the hyperlinking web: In search of the online right of communication to the public
  • Mohammad Ataul Karim, TRIPS compatibility of Bangladeshi legal regime on geographical indications and its ramifications: A comparative review
  • Xinzhe Song, The role played by the regime of collective and certification marks in the protection of geographical indications—Comparative study of law and practice in France, the EU and China
  • Özge Baruönü Latif, Melis Kaytaz Yiğit, & Özge Kirezli, A review of counterfeiting research on demand side: Analyzing prior progress and identifying future directions

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 7, no. 3, November 2018) is out. Contents include:
  • Editorial
    • Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, & Josephine van Zeben, Transnational Environmental Law in an Era of Radical Rethinking and Widespread Law Reform
  • Articles
    • Paola Villavicencio Calzadilla & Louis J. Kotzé, Living in Harmony with Nature? A Critical Appraisal of the Rights of Mother Earth in Bolivia
    • Natasha Affolder, Looking for Law in Unusual Places: Cross-Border Diffusion of Environmental Norms
    • Evan Hamman & Felicity Deane, The Control of Nutrient Run-Off from Agricultural Areas: Insights into Governance from Australia’s Sugarcane Industry and the Great Barrier Reef
    • Anne Richardson Oakes, Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?
    • Yaffa Epstein, Adversarial Legalism and Biodiversity Protection in the United States and the European Union
    • Áine Ryall, Enforcing the Environmental Impact Assessment Directive in Ireland: Evolution of the Standard of Judicial Review

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 7, no. 3, November 2018) is out. Contents include:
  • Agora: The Internationalists: How a radical plan to outlaw war remade the world
    • Oliver Diggelmann, The Internationalists as grand narrative: Key elements and dilemmata
    • Tarak Barkawi, From law to history: The politics of war and empire
    • Andreas Follesdal, More than meets the eye – and less: Comments on The Internationalists
    • Anna Geis, Outlawing war is not enough to promote international peace: The ambivalence of liberal interventionism
    • Paolo Palchetti, Outlawry but with teeth: The problem of enforcing peace through international institutions
    • Geir Ulfstein, The role of outcasting in the world order
    • Oona A Hathaway & Scott J Shapiro, Response to critics
  • Articles
    • Kristina Stoeckl & Kseniya Medvedeva, Double bind at the UN: Western actors, Russia, and the traditionalist agenda
    • Abraham Singer & Amit Ron, Models of shareholder democracy: A transnational approach

Casey-Maslen & Haines: Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict

Stuart Casey-Maslen (Univ. of Pretoria) & Steven Haines (Univ. of Greenwich) have published Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict (Hart Publishing 2018). Here's the abstract:
Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.

New Issue: Climate Law

The latest issue of Climate Law (Vol. 8, nos. 3-4, 2018) is out. Contents include:
  • Special Issue: Climate Law as a New Discipline
    • Ronald B. Mitchell, Climate Law: Accomplishments and Areas for Growth
    • Benoit Mayer, The Critical Functions of Scholarship in Climate Law
    • Michael Faure & Jing Liu, Urgently Needed: Climate Lawyers
    • David M. Driesen, The Economic Dynamics of Climate Disruption and the Need for a Better Legal Theory
    • Laura Mai, The Growing Recognition of Transnational Climate Governance Initiatives in the UN Climate Regime: Implications for Legal Scholarship
    • Anna Huggins, The Evolution of Differential Treatment in International Climate Law: Innovation, Experimentation, and ‘Hot’ Law
    • Natalie L. Dobson, Exploring the Crystallization of ‘Climate Change Jurisdiction’: A Role for Precaution?
    • Cinnamon P. Carlarne & Mohamed S. Helal, A Conversation about Climate Change Law and the ‘International Community’
    • Alexander Zahar, The Contested Core of Climate Law
    • Benoit Mayer, The Place of Customary Norms in Climate Law: A Reply to Zahar
    • Benjamin J. Richardson, Climate Change Law: Encounters with Aesthetics and Art
    • Christopher Campbell-Duruflé & Sumudu Anopama Atapattu, The Inter-American Court’s Environment and Human Rights Advisory Opinion: Implications for International Climate Law
    • Joshua Prentice, The Revision of the European Union’s Emissions Trading System Ahead of the Fourth Trading Period, 2021–2030

Thursday, November 15, 2018

New Issue: Asian International Arbitration Journal

The latest issue of the Asian International Arbitration Journal (Vol. 14, no. 2, 2018) is out. Contents include:
  • Rachel Chiu Li Hsien, A World Without Borders; A New World Order: Navigating Cross-Border Insolvencies Through Arbitration
  • Michael Neumeier, Class Arbitration in Australia: A Bright Future or a Pipe Dream?
  • Sharad Bansal, The Dampening Effect of ‘Foreign’ Mandatory Laws
  • Binsy Susan & Adarsh Ramakrishnan, How to Trump a ‘No Claims Certificate’ in Arbitration
  • Saad Aljadean Badah, Capacity of Parties and Arbitration Agreement. Part I

New Issue: Revue Générale de Droit International Public

The latest issue of the Revue Générale de Droit International Public (Vol. 122, no. 3, 2018) is out. Contents include:
  • L'intervention en Syrie
    • François Alabrune, Le cadre juridique des actions militaires menées par la France en Syrie le 14 avril 2018
    • Robert Charvin, A propos de la “question syrienne”. Une étape de la politique étasunienne du “Grand Moyen Orient”
    • Julien Ancelin, La sécurité collective au révélateur de l’arme chimique : A propos de l’intervention des 13 et 14 avril 2018 de la coalition (Etats-Unis, Grande-Bretagne, France) contre le régime syrien
    • Jeanne Valax, Le contrôle parlementaire des interventios militaires françaises en Syrie
    • Nabil Hajjami, Le consentement à l’intervention étrangère. Esssai d’évaluation au regard de la pratique récente

Symposium: The Law of Nations and the United States Constitution

The latest issue of the Georgetown Law Journal (Vol. 106, no. 6, August 2018) contains a symposium on "The Law of Nations and the United States Constitution." Contents include:
  • William S. Dodge, Customary International Law, Change, and the Constitution
  • David M. Golove & Daniel J. Hulsebosch, The Law of Nations and the Constitution: An Early Modern Perspective
  • John Harrison, The Constitution and the Law of Nations
  • Thomas H. Lee, The Law of Nations and the Judicial Branch
  • Michael D. Ramsey, The Constitution’s Text and Customary International Law
  • Paul B. Stephan, Inferences of Judicial Lawmaking Power and the Law of Nations
  • Ingrid Wuerth, The Future of the Federal Common Law of Foreign Relations
  • Transcript: The Judicial Perspective Panel
  • Anthony J. Bellia, Jr. & Bradford R. Clark, Why Federal Courts Apply the Law of Nations Even Though it is Not the Supreme Law of the Land

Wednesday, November 14, 2018

Ohlin: Election Interference: The Real Harm and the Only Solution

Jens David Ohlin (Cornell Univ. - Law) has posted Election Interference: The Real Harm and the Only Solution. Here's the abstract:
Although politicians and intelligence analysts have criticized Russian interference in the 2016 and 2018 elections, international lawyers seem to be at a loss for how to understand the particular harm posed by this interference. In addition to the hacking of email accounts and disclosure of private information, the most salient aspect of the interference was the use of social media platforms, including Twitter and Facebook, to sow division and heighten nativist tendencies within the electorate. Strictly speaking, the goal of the 2016 interference was to delegitimize a potential Clinton presidency or to help elect Donald Trump as president. But far more important was the method used to accomplish these goals: the impersonation of American citizens during participation in the political process. This latter development points to the real harm of election interference, which has less to do with sovereignty and more to do with the collective right of self-determination. Foreign interference is a violation of the membership rules for political decision-making, i.e., the idea that only members of a polity should participate in elections—not only with regard to voting but also with regard to financial contributions and other forms of electoral participation. Outsiders are free to express their opinions but covertly representing themselves as insiders constitutes a violation of these political norms, which are constitutive of the notion of self-determination, just as much as covertly funneling foreign money to one candidate. The only solution to this form of election interference is transparency, i.e., to expose such interventions for what they are: attempts by foreigners to make political statements while pretending to be Americans. This article ends by cataloguing the mistakes of the Obama Administration in failing to expose this interference in real time—which is the only way to nullify its insidious impact. Ex post investigations, prosecutions, and counter-measures designed to deter future misbehavior are all insufficient to nullify the impact of electoral interference. However, recent efforts by the Justice Department and the FBI, including a new policy codified in the US Attorneys Manual, and contemporaneous indictments of Russians for interference in the 2018 election, suggest that some government actors finally understand that transparency is the only solution to election interference.

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 26, no. 4, November 2018) is out. Contents include:
  • Simeon A. Igbinedion, Human Rights as a Basis for Recovering the Proceeds of Grand Corruption
  • Constantinos Yiallourides, Calming the Waters in the West African Region: The Case of Ghana and Côte d'Ivoire
  • Esther Gumboh, Rep v. Chimkango: The Application of Kafantayeni to Pre-resentencing Appeals Against the Mandatory Death Penalty in Malawi
  • Bright Bazuaye & Alero I. Fenemigho, Universal Jurisdiction Fault Lines and the Immunity of State Officials: A Salutary Warning Before Perdition
  • Uzuazo Etemire, A Fresh Perspective on the Human Right to Political Participation and Environmental Decision-Making in Nigeria
  • Malebakeng Agnes Forere, Protecting Copyrights and Neighbouring Rights in the Music Industry in Southern Africa: A Need for Regulatory Convergence
  • Tom Kabau & Angela Mutema, Implementation of International Obligations on Plant Breeders' Rights in Kenya: Pitfalls and Prospects
  • Aisosa Jennifer Isokpan & Ebenezer Durojaye, The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria

Clark: Distant Justice: The Impact of the International Criminal Court on African Politics

Phil Clark (SOAS Univ. of London - Politics and International Studies) has published Distant Justice: The Impact of the International Criminal Court on African Politics (Cambridge Univ. Press 2018). Here's the abstract:
There are a number of controversies surrounding the International Criminal Court (ICC) in Africa. Critics have charged it with neo-colonial meddling in African affairs, accusing it of undermining national sovereignty and domestic attempts to resolve armed conflict. Here, based on 650 interviews over 11 years, Phil Clark critically assesses the politics of the ICC in Uganda and the Democratic Republic of Congo, focusing particularly on the Court's multi-level impact on national politics and the lives of everyday citizens. He explores the ICC's effects on peace negotiations, national elections, domestic judicial reform, amnesty processes, combatant demobilisation and community-level accountability and reconciliation. In attempting to distance itself from African conflict zones geographically, philosophically and procedurally, Clark also reveals that the ICC has become more politicised and damaging to African polities, requiring a substantial rethink of the approaches and ideas that underpin the ICC's practice of distant justice.

Tuesday, November 13, 2018

Maull: The Rise and Decline of the Post-Cold War International Order

Hanns W. Maull (German Institute for International and Security Studies) has published The Rise and Decline of the Post-Cold War International Order (Oxford Univ. Press 2018). Contents include:
  • Hanns W. Maull, Introduction: The International Order: A Framework for Analysis
  • Bernard Hoekman, The International Trade Order: Performance and Challenges
  • Joyeeta Gupta, Climate Change and the Future of International Order
  • Iris Hunger, Coping with Public Health Emergencies of International Concern
  • William Walker, The International Nuclear Order After the Cold War: Enduring Strengths, Recent Setbacks, Persistent Challenges
  • Myriam Dunn Cavelty, Aligning State and Non-State Actors' Security Needs for Order in Cyberspace
  • Wolfgang Richter, The European Peace and Security Order at Risk
  • Volker Perthes & Hanns W. Maull, The Middle Eastern Regional Order
  • Charles E. Morrison, East Asia's Evolving Regional Order and its Global Implications
  • Chaesung Chun, Regional Order in East Asia
  • Daniel Deudney, Hegemonic Disarray - American Internationalisms and World Disorder
  • Marco Overhaus, The United States and Regional Security Orders in the Middle East, East Asia, and Europe
  • Zhongying Pang, China and the Struggle Over the Future of International Order
  • Daniel Krahl, The Paris Agreement - China's Kind of (International) Order?
  • Hanns W. Maull, Conclusions: The Rise and Decline of the Liberal International Order

Workshop: International Law and Architecture

On November 14, 2018, the Centre for European and International Legal Affairs and the Centre for Law and Society in a Global Context at Queen Mary University of London will hold a workshop on "Conversations on International Law and Materiality: International Law and Architecture." Here's the idea:
The purpose of the workshop is to stimulate rich and vibrant engagement with questions of the materiality, material culture, and material implications of international law. The particular focus of this first workshop is on architecture and international law.

Monday, November 12, 2018

New Issue: International Affairs

The latest issue of International Affairs (Vol. 94, no. 6, November 2018) is out. Contents include:
  • Maximilian Mayer, China's historical statecraft and the return of history
  • Afshon Ostovar, Iran, its clients, and the future of the Middle East: the limits of religion
  • Serena Simoni, Queens of narco-trafficking: breaking gender hierarchy in Colombia
  • Dong Jung Kim, Realists as free traders: the struggle for power and the case against protectionism
  • Martin Hearson & Wilson Prichard, China's challenge to international tax rules and the implications for global economic governance
  • Thijs van de Graaf & Michael Bradshaw, Stranded wealth: rethinking the politics of oil in an age of abundance
  • Nicole George, Liberal–local peacebuilding in Solomon Islands and Bougainville: advancing a gender-just peace?
  • David Cadier, Continuity and change in France's policies towards Russia: a milieu goals explanation
  • Tom Long, Latin America and the liberal international order: an agenda for research
  • Thomas C. Mills, British foreign policy towards Latin America in the twenty-first century: assessing the ‘Canning Agenda’
  • Robin Niblett, Rediscovering a sense of purpose: the challenge for western think-tanks
  • Christian Reus-Smit, Deborah Welch Larson, Andrew Kydd, Lawrence Freedman, & Nicholas J. Wheeler, Trusting enemies: interpersonal relationships in international conflict

AJIL Unbound Symposium: B.S. Chimni's “Customary International Law: A Third World Perspective”

AJIL Unbound has posted a symposium on B.S. Chimni's article “Customary International Law: A Third World Perspective.” The symposium includes an introduction by Antony Anghie and James Gathii and contributions by Brian D. Lepard, J. Patrick Kelly, Jean d'Aspremont, Andreas Paulus and Matthias Lippold, Anthony Carty, and Vasuki Nesiah.

New Issue: Revue belge de droit international

The latest issue of the Revue belge de droit international (2017, no. 2) is out. Contents include:
  • Dossier Spécial : Public Policy Meets Property Protection
    • T. Ruys & D. Bruloot, Public Policy meets Property Protection — Foreword
    • S. Marquardt, The role of the High Representative and the European External Action Service in EU sanctions policy
    • C. Candelmo, Targeted Sanctions and Liability for Erroneous Listing — Lessons from EU Case-Law
    • A. Hofer, Negotiating International Public Policy through the Adoption and Contestation of Sanctions
    • L. van den Herik, Sidestepping the Security Council: The Use of Non-UN Sanctions for UN Purposes
    • T. Ruys, Reflections on the ‘Global Magnitsky Act’ and the use of targeted sanctions in the fight against grand corruption
    • V. Grandaubert, Executing on State Property in Criminal Proceedings
    • B. Warwas, Do the Provisions of CETA on the Status of Arbitrators Increase the Legitimacy of the ICS?
    • F. Hoffmeister, The EU contribution to the progressive development of institutional aspects in international investment law
    • E. De Brabandere, Human Rights Counterclaims in Investment Treaty Arbitration
  • Études
    • K. Bannelier, Obligations de diligence dansle cyberespace : qui a peur de la cyber-diligence ?
    • S.B. Traoré & A. Diallo, De la légalité de l’intervention militaire de janvier 2017 en Gambie

Negishi: The International Law Commission Celebrating Its 70th Anniversary: Dresser le bilan pour l’avenir ‘à venir’

Yota Negishi (Seinan Gakuin Univ. - Law) has posted an ESIL Reflection on The International Law Commission Celebrating Its 70th Anniversary: Dresser le bilan pour l’avenir ‘à venir’.

Conference: Les 20 ans du statut de Rome : bilan et perspectives de la Cour pénale internationale

On November 21-23, 2018, the Institut de Sciences Criminelles et de la Justice at the Université de Bordeaux will host a conference on "Les 20 ans du statut de Rome : bilan et perspectives de la Cour pénale internationale." The program is here.

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 29, no. 3, August 2018) is out. This is a special issue on "Perpetrators and Victims of War." Contents include:
  • Editorial
    • JHHW, Publish and Perish: A Plea to Deans, Faculty Chairpersons, University Authorities; In this Issue
  • Articles
    • Sofia Stolk, A sophisticated beast? On the construction of an ‘ideal’ perpetrator in the opening statements of international criminal trials
    • Christine Schwöbel-Patel, The ‘Ideal Victim of International Criminal Law
    • Line Gissel, A Different Kind of Court: Africa’s Support for the International Criminal Court, 1993-2003
    • Alexandra Adams, The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and its Contribution to the Definition of Rape
  • Symposium: International Law and the First World War - International Law and the End of War
    • Randall Lesaffer, Aggression before Versailles
    • Markus M. Payk, ‘What We Seek is the Reign of Law’: The Legalism of the Paris Peace Settlement after the Great War
  • Roaming Charges
    • Roaming Charges: The Crucifixion – Do It Yourself
  • Symposium: The Crime of Aggression before the International Criminal Court
    • Dapo Akande & Antonios Tzanakopoulos, The Crime of Aggression before the International Criminal Court: Introduction to the Symposium
    • Frédéric Mégret, International Criminal Justice as a Peace Project
    • Tom Dannenbaum, The Criminalization of Aggression and Soldiers’ Rights
    • Tom Ruys, Criminalizing Aggression: How the Future of the Law on the Use of Force Rests in the Hands of the ICC
    • Marieke de Hoon, The Crime of Aggression’s Show Trial Catch-22
    • Dapo Akande & Antonios Tzanakopoulos, Treaty Law and ICC Jurisdiction Over the Crime of Aggression
  • EJIL: Debate!
    • Rosa Freedman, UNaccountable: A New Approach to Peacekeepers and Sexual Abuse
    • Devika Hovell, UNaccountable: A Reply to Rosa Freedman
    • Rosa Freedman, UNaccountable: A Rejoinder to Devika Hovell
  • Review Essay
    • Gleider Hernández, E Pluribus Unum? A Divisible College? Reflections on the International Legal Profession. Review of Anthea Roberts, Is International Law International?
  • Book Reviews
    • Louise Arimatsu, reviewing Dianne Otto (ed.), Queering International Law: Possibilities, Alliances, Complicities, Risks
    • María-Teresa Gil-Bazo, reviewing Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law
    • Velimir Živković reviewing Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance?
  • Briefly Noted
    • Jörg Fisch, reviewing Stefan Kadelbach, Thomas Kleinlein, and David Roth-Isigkeit (ed.). System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel
  • The Last Page
    • The Quality of Mercy, Portia, in William Shakespeare, The Merchant of Venice, Act 4, Scene 1

Sunday, November 11, 2018

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 24, no. 4, December 2018) is out. Contents include:
  • Andrew Phillips, Contesting the Confucian peace: Civilization, barbarism and international hierarchy in East Asia
  • Joe Turner, Internal colonisation: The intimate circulations of empire, race and liberal government
  • Sophie Harman, Making the invisible visible in International Relations: Film, co-produced research and transnational feminism
  • Felix Berenskötter, Deep theorizing in International Relations
  • Bentley B. Allan, From subjects to objects: Knowledge in International Relations theory
  • Nina Hall & Ngaire Woods, Theorizing the role of executive heads in international organizations
  • Debbie Lisle, Failing worse? Science, security and the birth of a border technology
  • Laleh Khalili, The infrastructural power of the military: The geoeconomic role of the US Army Corps of Engineers in the Arabian Peninsula
  • Andreas Bieler & Jamie Jordan, Commodification and ‘the commons’: The politics of privatising public water in Greece and Portugal during the Eurozone crisis

Hirsch: The Sociological Perspective on International Law

Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) has posted The Sociological Perspective on International Law (in International Legal Theory: Foundations and Frontiers, Jeffrey L. Dunoff & Mark A. Pollack eds., forthcoming). Here's the abstract:

Sociological analysis of international law begins from the premise that international legal rules and institutions are deeply embedded in the particular socio-cultural features of certain communities. Sociological factors and processes thus form an inseparable dimension of international law, and international law is both affected by and influences such factors and processes. Numerous international legal rules reflect and affect societal factors such as norms, socialization, identity, collective memories and social control. Existing sociological studies of international law essentially emphasize that socio-cultural factors are involved in two primary (and inter-related) dimensions of international law: behavior and knowledge. First, such factors influence the behavior of actors in the international legal system (e.g., via social norms). Second, sociological factors are involved in the production of collective knowledge shared by members of social groups (e.g., via collective memories regarding historical events) which also affect actors' legal behavior. Some eminent sociologists have relatively recently highlighted a third level of social behavior - the cognitive dimension. Cognitive sociology underscores that humans process information existing in our environment (e.g., filtering in/ out some items of information) also according to socio-cultural factors. Cognitive sociology literature generates significant insights regarding the link between socio-cognitive processes and international law; for example, with respect to the impact of culturally embedded categorizations on compliance with international treaties prohibiting racial or gender discrimination.

The draft chapter is structured as follows: Section II exposes the central assumptions of the sociological perspective and introduces the core theoretical approaches in sociological literature. Section III discusses the sociological dimension of international law, highlighting the role of socio-cultural factors in three primary dimensions of international law relating to behavior, knowledge, and cognition. Here we also shed light on the broad contours of earlier scholarship on the sociology of international law. To illustrate the contribution of sociological theories to international legal scholarship, this section also briefly examines the question of the desirable structural design for international legal regimes from the three major sociological theoretical perspectives. Section IV observes some significant recent changes in international investment law and sketches out some thoughts regarding sociological factors that may explain this legal change; underlining the role of strains between values prevailing in the international community and the investment arbitration community, social movements, and social control mechanisms. Section V recaps the main conclusions drawn from the preceding sections.

Gilbert: Natural Resources and Human Rights: An Appraisal

Jérémie Gilbert (Univ. of Roehampton - Law) has published Natural Resources and Human Rights: An Appraisal (Oxford Univ. Press 2018). Here's the abstract:

Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities.

This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.

Saturday, November 10, 2018

New Issue: Legal Issues of Economic Integration

The latest issue of Legal Issues of Economic Integration (Vol. 45, no. 4, 2018) is out. Contents include:
  • From the Board: Towards a Social Europe?
  • Graham Butler, In Search of the Political Question Doctrine in EU Law
  • Mbakiso Magwape, The AfCFTA and Trade Facilitation: Re-Arranging Continental Economic Integration
  • Marco Inglese, The Collaborative Economy Legal Conundrum: A Way Forward Through Harmonization
  • Lilian Meinen, A ‘Frictionless’ Border for Gibraltar: Stumbling Blocks and Solutions Following Brexit
  • Yannis Schlüter, Towards a Court Mandated Harmonization of National Tax Rules Case 552/15, Commission v. Ireland

Call for Submissions: International Organizations throughout the 20th and 21st Centuries: Successes, Failures, Transformations, and Challenges

The journal Studia Territorialia has issued a call for submissions for a special issue on "International Organizations throughout the 20th and 21st Centuries: Successes, Failures, Transformations, and Challenges." Here's the call:

The upcoming centenary of the foundation of the League of Nations and associated international bodies represents an invitation for historians, sociologists, political scientists, economists, legal experts, and anthropologists to reflect on the origins of the contemporary system of international organizations, its transformations over the past 100 years and the various challenges it faces today. Moreover, recent methodological evolutions as well as increasing accessibility of sources coming directly from within the international organizations, such as archives of international secretariats, private papers of different important actors, but also ethnographic observations inside those organizations, make the aims of this call especially relevant.

The proposed special issue seeks original theoretical, comparative, and case studies providing disciplinary and multidisciplinary perspectives on the history of international organizations in the 20th and 21st centuries. Suggested subthemes and subtopics include the rise of a specific internationalist culture characterizing the milieu of international organizations; the dynamics of their inner transformations and related tensions; the various actors in international organizations, their circulation, exchange, and links to national or local levels; as well as the impact of global political caesuras on the international organizations’ functioning, such as the two world wars and the end of the bipolar world system.

The articles are to be written in English and should be ideally 7,000 to 10,000 words in length. The contributions are to be sent to the editorial team at stuter@fsv.cuni.cz or uploaded via AUC Studia Territorialia journal management system. The authors should consult the submission guidelines for further instructions and style at http://stuter.fsv.cuni.cz/index.php/stuter/about/submissions#onlineSubmissions. All contributions are subject to double-blind peer-review.

Abstract submission deadline: January 15, 2019.
Notification on further status: January 31, 2019.
Article submission deadline: March 31, 2019.

AUC Studia Territorialia is a leading Czech peer-reviewed academic journal focusing on area studies. It covers history, social, political, and economic affairs of the nations of North America, Europe, and post-Soviet Eurasia in the 20th and 21st centuries. The journal is published by the Institute of International Studies of Charles University, Prague. It is indexed, i.a., in the EBSCO, ERIH PLUS and CEEOL databases.

For further inquiries, please feel free to contact the editors at: stuter@fsv.cuni.cz

New Volume: South African Yearbook of International Law

The latest volume of the South African Yearbook of International Law (Vol. 42, 2017) is out. Contents include:
  • Aniel de Beer & Dire Tladi, The prohibition of terrorism as a Jus Cogens norm
  • Martha M. Bradley, The ‘intensity’ threshold in article 8(2)(f) of the Rome Statute: the conundrum created by the term ‘protracted armed conflict’ and the possibility of a new category of non-international armed conflict
  • Mispa Roux, New era for international criminal law: rethinking the definitions of crimes against humanity and genocide through the scope of its evolution as an outgrowth of war crimes
  • Serges Djoyou Kamga, The United Nations system and the realisation of the right to development: challenges and opportunities
  • Denning Ngomele Metuge, A critical review of the incorporation of SOLAS survey and certification standards in South African law
  • Siqhamo Yamkela Ntola, Africa and the continental shelf beyond 200 nautical miles : developments and challenges
  • Yolandi Meyer, Reflections on the UN Working Groups on human rights and transnational corporations
  • Annet Wanyana Ogutt, OECD multilateral instrument on treaty-related BEPS measures: benefits, challenges and recommended options for South Africa and other developing countries

Thursday, November 8, 2018

Conference: 30th Anniversary of the Bangalore Principles on the Domestic Application of International Human Rights Norms

On November 20, 2018, the British Institute of International and Comparative Law will host a conference on "The 30th Anniversary of the Bangalore Principles on the Domestic Application of International Human Rights Norms." Here's the idea:

This one-day conference marks the 30th anniversary of the Bangalore Principles on the Judicial Application of International Human Rights Law. It will provide an opportunity to hear leading experts, including some of those who participated in the 1988 colloquium, reflect on the legacy of the Bangalore Principles as well as the domestication of international human rights law more broadly.

This event will take a multi-institutional approach to domestication and will consider the judicial application of international human rights norms, as well as the role of parliaments, governments, national human rights institutions and other actors.

At a time of backlash against international standards and institutions, speakers will explore the prospects and challenges for the future. In particular, in the UK context, Brexit and the loss of the EU Charter of Fundamental Rights will provide an opportunity to consider the domestic status of other international human rights obligations post-Brexit.

Mishra: Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows

Neha Mishra (Univ. of Melbourne) has posted Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows (Vanderbilt Journal of Transnational Law, forthcoming). Here's the abstract:
The regulation of data flows through the internet touches upon various distinct disciplines including internet governance and international trade law. In internet governance, three fundamental principles, namely, internet openness, internet security and internet privacy apply to regulation of internet data flows. Existing evidence suggests that internet privacy and security, when implemented in a reasoned and transparent manner by different stakeholders, enables internet openness – thus, challenging the dominant perspective that cybersecurity and privacy requirements constrain free flow of data. This article introduces a unique perspective by arguing that these three principles (notwithstanding their non-binding nature) play an important role in applying trade law to data restrictive measures, particularly by facilitating a sound framework that balances domestic internet regulation and liberalised data flows, thus contributing to balancing of trade and non-trade policy goals. Given this important relationship between trade and internet governance, this article suggests that different options must be explored to enhance dialogue and coordination between these two policy communities so as to build a sound, balanced and holistic regulatory environment for cross-border data flows.

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 13, no. 4, December 2018) is out. Contents include:
  • Christoph Mikulaschek, Issue linkage across international organizations: Does European countries’ temporary membership in the UN Security Council increase their receipts from the EU budget?
  • Matthias Ecker-Ehrhardt, Self-legitimation in the face of politicization: Why international organizations centralized public communication
  • Magnus Lundgren, Theresa Squatrito, & Jonas Tallberg, Stability and change in international policy-making: A punctuated equilibrium approach
  • Thomas R. Guarrieri, Guilty as perceived: How opinions about states influence opinions about NGOs
  • David H. Bearce & Thomas R. Cook, The first image reversed: IGO signals and mass political attitudes

Wednesday, November 7, 2018

Conference: 2018 ASIL Midyear Meeting

Tomorrow through Saturday, November 8-10, 2018, the American Society of International Law will hold its 2018 Midyear Meeting at the UCLA School of Law. The program is here.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 57, no. 5, October 2018) is out. Contents include:
  • Abu Zubaydah v. Lithuania (Eur. Ct. H.R.), with introductory note by Christina M. Cerna
  • MP v. Secretary of State for the Home Department (CJEU), with introductory note by Anne Aagten
  • United Nations Security Council Resolution 2379, with introductory note by Scott A. Gilmore

Call for Papers: Reforming International Investment Arbitration Workshop

The ISDS Academic Forum together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo have issued a call for papers for a workshop on "Reforming International Investment Arbitration," to take place February 1-2, 2019, in Oslo. Here's the call:

The ISDS Academic Forum, together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo, will host a workshop on reforming international investment arbitration in Oslo 1-2 February 2019. 

Submission Deadline: 1 December 2018. 

The workshop will be structured around six themes that have triggered criticism of the existing regime:

  • Excessive costs & recoverability of cost awards
  • Excessive duration of proceedings
  • Lack of consistency & coherence in legal interpretation
  • Incorrectness of decisions
  • Lack of diversity among ISDS adjudicators
  • Lack of independence, impartiality & neutrality

We welcome submissions on these themes and especially how they would be dealt with under many or all of the following four scenarios:

  1. Improvement of current system, by effecting changes in respect of appointment of arbitrators or other procedural changes (for instance, appointment of arbitrators entrusted predominantly with arbitral institutions or effected jointly by disputing parties; roster-system; adoption of ethical rules; etc.) (“ISDS improved”);
  2. Current ISDS system + appellate mechanism (“ISDS + appeal”);
  3. Multilateral investment court, with or without a built-in appeal (“MIC”);
  4. No ISDS, with two sub-scenarios, namely (i) recourse to domestic courts only; and (ii) state-to-state arbitration in addition to domestic courts (“No ISDS”).

One paper on each theme will be selected for the workshop and be presented alongside the studies prepared by the Forum’s working groups.

The workshop will also include a public session on the reform process while the remainder of the workshop will be limited to Forum members, presenters and a limited number of academic observers.

There is no registration fee. 

Submit a paper abstract

In order to apply, please submit a paper abstract of 250-500 words and an academic CV by 1 December 2018. Notification of acceptance will occur by 7 December 2018.

The full draft paper of maximum 8,000 words must be submitted by 25 January 2019.

Programme Committee
  • Gabrielle Kaufmann-Kohler, President, International Council for Commercial Arbitration and Professor Emerita, Geneva University Law School, CIDS Geneva
  • Michele Potestà, Senior Researcher, Geneva Center for International Dispute Settlement (CIDS)
  • Malcolm Langford, Professor of Public Law & Affiliate, Pluricourts, University of Oslo
  • Daniel Behn, Associate Professor, Pluricourts, University of Oslo and Lecturer, University of Liverpool

Charlesworth, Heathcote, & Jones: Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation

Hilary Charlesworth (Univ. of Melbourne - Law), Gina Heathcote (SOAS Univ. of London - Law), & Emily Jones (Univ. of Essex - Law) have posted Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation (Feminist Legal Studies, forthcoming). Here's the abstract:
The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of ‘speaking to ourselves’ (Charlesworth in Feminist perspectives on contemporary International Law: Between resistance and compliance? Hart, Oxford, pp. 17–32, 2011) as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women’s representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of “women’s issues” and thus ready dismissal as just another specialist area of international law in the era of fragmentation.

Call for Submissions: The Protection of Minorities under International Law

The journal Laws has issued a call for submissions for a special issue on "The Protection of Minorities under International Law," to be guest edited by Noelle Higgins (Maynooth Univ. - Law). Here's the call:

The protection of minorities has been a central issue in inter-state relationships since the rise of the state system in the sixteenth and seventeenth centuries, and indeed, the protection of minority groups is one of the oldest motifs of international law. However, minority groups continue to be targeted in various places around the world, with a recent increase in attacks on minorities through the destruction of cultural property in the Middle East. Minority cultures are being destroyed, their identity is being attacked, and their very existence is under threat. Despite the numerous problems facing the world’s minorities, no universal binding instrument exists to protect them. While the rights of national minorities in the fields of language, ethnicity and religion had been protected under the League of Nations regime, when the UN was created, there was a difference of opinion as to if, and indeed how, the rights of minorities should be dealt with within its framework. The lack of agreement on the question of minorities led to their omission from the UDHR, with only a limited reference to the protection of general cultural rights. Article 27 of the International Covenant on Civil and Political Rights (ICCPR), adopted in 1966, is the only universal legal binding provision on the rights of minorities, providing that ‘[i]n those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language’.[1] However, the question must be asked if this provision is adequate to address the multifarious threats facing today’s minority groups, or if the legal framework needs to be re-imagined in the face of increased threats to the survival of minority groups? This is the focus of this Special Issue.

(a) The focus of this Special Issue is the protection of the rights of minorities under international law. It will deal with the extant legal framework, both from an international and regional perspective and analyze how the legal framework is implemented in practice.

(b) Numerous issues face minority groups, and the Special Issue will address a number of these, including minority identity; minority culture; destruction of cultural property belonging to minority groups; linguistic rights; religious rights etc.

(c) The purpose of the Special Issue is to bring together academics working in the field of minority rights to provide perspectives on a number of current issues facing minority groups and on how the international legal framework applies. The Special Issue will provide an in-depth analysis of the how the extant legal framework on the rights of minorities operates and can apply in practice.

The Special Issue will draw on, and develop, the seminal work on the rights of minorities by Thornberry International Law and the Rights of Minorities, (Clarendon Press, 1991), Minority Rights in Europe (Council of Europe, 2004), Weller, The Rights of Minorities in Europe (Oxford University Press, 2006), Universal Minority Rights (Oxford University Press, 2007) Pentassuglia, Minority Groups and Judicial Discourse in International Law (Brill, 2009) and Castellino, Global Minority Rights (Ashgate, 2011). It will also analyse literature on cultural diversity concerning minority groups, e.g., Pentassuglia, Ethno-Cultural Diversity and Human Rights: Challenges and Critiques (Brill, 2017), religious concerns of minority groups, e.g. Ghanea, The Challenge of Religious Discrimination at the Dawn of the New Millennium (Brill, 2004) and the destruction of the cultural property of such groups, e.g. Turku, The Destruction of Cultural Property as a Weapon of War (Palgrave MacMillan, 2018).

[1] Article 27 International Covenant on Civil and Political Rights, UNGA Res 2200A (XXI).

Dr. Noelle Higgins
Guest Editor

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Tuesday, November 6, 2018

Bórquez: Hacia una igualdad transformadora en las producciones de la Corte y de la Comisión Interamericana de Derechos Humanos

Natalia Bórquez (Erlangen-Nürnberg Univ.) has published Hacia una igualdad transformadora en las producciones de la Corte y de la Comisión Interamericana de Derechos Humanos. Derechos sociales, mujeres y maquilas / Towards transformative equality in the work of the Inter-American Court and Commission of Human Rights. Social rights, women and maquilas (Revista Electrónica del Instituto de Investigaciones Jurídicas y Sociales "Ambrosio L. Gioja", Vol. 19, 2017). Here's the abstract:

En este estudio, analizo la relación existente entre violencia contra las mujeres y la falta de acceso a derechos económicos, sociales y culturales. Se toma como ejemplo el contexto de la maquila marcado por la precarización laboral de sus trabajadoras. La hipótesis que se sostiene es que tanto la Corte Interamericana de Derechos Humanos (en adelante “CoIDH” o “Corte”) como la Comisión interamericana de Derechos Humanos (en adelante “CIDH” o “Comisión”) en casos contenciosos relacionados con la maquila invisibiliza la situación de violencia de género ocasionada por la falta de acceso real de las mujeres trabajadoras a los derechos sociales. Esto contrasta con informes más recientes de la CIDH en donde la maquila aparece en forma expresa como expresión de la desigualdad estructural de la que son objeto las mujeres en el acceso al mundo del trabajo y en el lugar de trabajo.

In this study I analyse the relationship between violence against women and the lack of access to economic, social and cultural rights. In this context the example of the Maquilas, marked by the precarious labour conditions of its female workers, will be in the focus of research. The hypothesis is that both the Inter-American Court of Human Rights (hereinafter "IACourtHR" or "Court") and the Inter-American Commission on Human Rights (hereinafter "IACHR" or "Commission") in contentious cases related to the Maquilas ignore the situation of gender violence caused by the lack of real access to social rights. This contrasts with more recent reports of the IACHR in which the Maquilas particularly appear as an expression of the structural inequality that women are subjected to in the access to work and in the workplace.

Dominelli: Current and Future Perspectives on Cross-Border Service of Documents

Stefano Dominelli (Università degli Studi di Genova) has posted Current and Future Perspectives on Cross-Border Service of Documents (Aracne editrice 2018). Here's the abstract:
This volume is the result of a number of thoughts developed on the possible amendment of the 2007 Service Regulation. The work addresses the issue of cross–border service of documents within the European judicial space, taking in particular account practical issues that have emerged from the case law of a number of Member States. Statutory and practical problems are rationalized and constitute an element to address the proposals for the amendment of the current legal framework.

Kassoti: The EU and Western Sahara: an assessment of recent developments

Eva Kassoti (The Hague Univ. - Law) has published The EU and Western Sahara: an assessment of recent developments (European Law Review, Vol. 43, no. 5, pp. 751-769, 2018). Here's the abstract:
The purpose of this comment is to take stock of recent developments regarding the EU’s relationship with Western Sahara by discussing the recent Front Polisario judgments, their reception in the literature and their possible repercussions on the pending litigation regarding the territory before the Union Courts. The comment not only sheds light on these important developments, but also directly feeds into the burgeoning debate regarding the CJEU’s approach to international law by examining how the Court approached questions of interpretation and application of cardinal principles of international law, such as the principle of self-determination.

Call for Papers: ASIL International Organizations Interest Group Workshop

The International Organizations Interest Group of the American Society of International Law has issued a call for papers for its biennial works-in-progress workshop, to be held March 15, 2019, at Seton Hall School of Law. The call is here.

Magraw & Puig: Greening Investor-State Dispute Settlements

Daniel Magraw (Center for International Environmental Law) & Sergio Puig (Univ. of Arizona - Law) have posted Greening Investor-State Dispute Settlements (Boston College Law Review, forthcoming). Here's the abstract:
Climate change poses serious threats to human society. Climate change is already affecting our environment and thus, many aspects of human and economic activity. Among the challenges ahead, governments will need to more actively adopt regulatory policies given the international obligations in this area, such as the Paris Agreement, as well as promote green private investment as a means toward unlocking sustainable growth. How can international investment law be adapted and modernized to respond to these challenges? In this Essay, we summarize a comprehensive set of innovations that could be included in International Investment Agreements to address international obligations regarding climate change. Our discussion, based on a Green Treaty Model, first stresses the role of balanced obligations for investors and host countries, and then focuses on dispute settlement. We conclude by explaining how the current process of reform under the auspices of the United Nations Commission on International Trade Law can be used for a more ambitious transformation of international investment; a transformation in which investment treaties can act as catalysts for green foreign direct investment necessary to reverse the momentum for climate change already built into the atmosphere.

Call for Papers: Global Governance at a Critical Moment: Insights from Asia

A call for papers has been issued by the Japan Chapter of the Asian Society of International Law for its 10th Anniversary Annual Conference, to be held July 14, 2019, at Meiji Gakuin University, Tokyo. The theme is: "Global Governance at a Critical Moment: Insights from Asia." Here's the call:
Call for Papers

The Japan Chapter of the Asian Society of International Law

The 10th Anniversary Annual Conference

14 July 2019

Meiji Gakuin University, Tokyo, Japan

All academics, practitioners, lawyers, and government officials around the world are invited to submit a proposal.

Conference Theme: Global Governance at a Critical Moment: Insights from Asia

The year 2019 will mark a century since the signing of the Covenant of the League of Nations. In the wake of the two world wars, people pledged to establish conditions under which justice and respect for international law can be maintained.

International organizations and institutions, including treaty and non-treaty bodies as well as administrative and judicial bodies, have since been developed in the pursuit of peace and prosperity. They range from universal organizations, such as the United Nations, to regional ones, such as the Association of Southeast Asian Nations. Their respective mandates extend over a wide range of areas such as security, environment, human rights, economy, and dispute settlement. They have been lauded as contributing to global governance, of which Asia has been both a beneficiary and a promoter.

Today, distrust of international organizations and institutions is spreading among people. They are being criticized for not only failing to properly address the concerns of the international community but also undermining its essential values. The demand for the restructuring of global governance is growing. Amid the rise of populism, global governance stands at a crossroads of demise or resurrection. The objective of the Conference is to look back at the history of global governance and look ahead to its future.

Proposals for papers are welcome in all areas of international law, including:

  • theory and history of international law
  • international organizations and other systems and institutions
  • international dispute settlement, including international courts and tribunals
  • security
  • international humanitarian law
  • international environmental and energy law
  • law of the sea
  • international commercial law
  • international trade and investment law
  • international human rights law
Submission Details

Proposals must be sent to asiansil-jp2019@nifty.com by 31 January 2019.

Submission must include the following:

1. An abstract of an unpublished paper (The abstract must be no more than 500 words, including the title.)

2. The proposal author’s CV of no more than 2 pages (The CV must include the author’s contact details and a list of relevant publications. It should also indicate whether the author is a member of the Japan Chapter of the Asian Society of International Law and/or the Asian Society of International Law.)

*The abstract and the CV must be in English and in a single PDF file.

Review of Proposals

Proposals will be reviewed by the Research and Planning Committee of the Japan Chapter of the Asian Society of International Law. The authors of accepted proposals will be notified by early March 2019.

Full Papers

The authors of accepted proposals must submit a full paper by 30 June 2019. The paper must not be published elsewhere. The paper will be made available to the participants of the Conference.

Registration Fees and Expenses

All speakers and panelists are exempt from registration fees for the Conference. Please note that the registration fees do not include lunch and reception. All participants, including the speakers and panelists, must be able to cover their own travel and accommodation expenses.

Best Paper Award

The Best Paper Award is awarded to a speaker who presents the best paper at the Conference. The awarded speaker will receive a grant of JPY50,000.

Language

The working language of the Conference is English. A few sessions in Japanese may be conducted concurrently.

Inquiries

For inquiries about the Conference, please contact asiansil-jp2019@nifty.com

Call for Papers: Attribution, causality and evidentiary rules: Mere technicalities or the heart of the matter?

The European Society of International Law and ELTE Law School have issued a call for papers for a workshop on "Attribution, causality and evidentiary rules: Mere technicalities or the heart of the matter?," to take place May 16-17, 2019, in Budapest. The call is here.

Workshop: Sociological Perspectives on International Tribunals

On November 8-9, 2018, the Max Planck Institute Luxembourg for Procedural Law will hold a workshop on "Sociological Perspectives on International Tribunals." The program is here. Here's the idea:
The workshop will focus on sociological aspects of practices by international tribunals. Speakers will discuss diverse socio-cultural issues involved in the operation and impact of international tribunals as: the interactions between formal procedural rules and informal norms; the formal and social functions of tribunals; the symbolic aspects of tribunals’ proceedings and their decisions; the legal cultures (national and international ones) of international adjudication; the socio-cultural factors influencing the diffusion of procedural rules across international tribunals; and the production of knowledge and cognitive aspects of the work of such tribunals.

Call for Papers: Inaugural Edinburgh-Glasgow International Law Workshop

The Edinburgh Institute for International and Global Law of Edinburgh Law School and the International Law and Security Research Group of the Glasgow Law School have issued a call for papers for the first annual Edinburgh-Glasgow International Law Workshop, April 8-9, 2019. The deadline is November 15, 2018. The call is here.

Call for Papers: The Legacy of the League of Nations

The Centre for European Law and Internationalisation at the University of Leicester has issued a call for papers from early career researchers for a conference on "The Legacy of the League of Nations," to take place January 31, 2019. The call is here.

Monday, November 5, 2018

Oberleitner: International Human Rights Institutions, Tribunals, and Courts

Gerd Oberleitner (Universität Graz - Law) has published International Human Rights Institutions, Tribunals, and Courts (Springer 2018). The table of contents is here. Here's the abstract:
This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.