Reading current statements of world leaders on subjects relevant to international law is liable to cause confusion, even distress to those for whom the 1945 regulatory arrangements, as completed in the post-Cold War era, have become the norm. On occasions international law is invoked, but in what seems an increasingly antagonistic way, amounting often to a dialogue of the deaf. At other times it is apparently or even transparently ignored. This touches many of the arrangements governments spent the preceding period seeking to establish. Is there a pattern to all this, and how should we respond? How susceptible is the edifice of international law to such rhetoric? These issues are examined in the context of the law of withdrawal from treaties. Three recent high profile examples are examined: Brexit, South Africa's purported withdrawal from the Rome Statute, and the United States’ announced withdrawal from the Paris Agreement.
Saturday, January 13, 2018
Crawford: The Current Political Discourse Concerning International Law
James Crawford (Judge, International Court of Justice) has published The Current Political Discourse Concerning International Law (Modern Law Review, Vol. 81, no. 1, pp. 1-22, January 2018). Here's the abstract:
Thursday, January 11, 2018
Call for Papers: 16th Brazilian Congress of International Law
New Issue: International Journal of Marine and Coastal Law
The latest issue of the International Journal of Marine and Coastal Law (Vol. 32, no. 4, 2017) is out. Contents include:
- Conservation and Sustainable Use of Marine Biodiversity: Southern Hemisphere Issues and Approaches
- Robin Warner, Strengthening Governance Frameworks for Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction: Southern Hemisphere Perspectives
- Carole Durussel; Eulogio Soto Oyarzún & Osvaldo Urrutia S., Strengthening the Legal and Institutional Frame-work of the Southeast Pacific: Focus on the BBNJ Package Elements
- Genevieve C. Quirk & Harriet R. Harden-Davies, Cooperation, Competence and Coherence: The Role of Regional Ocean Governance in the South West Pacific for the Conservation and Sustainable Use of Biodiversity beyond National Jurisdiction
- Constance M. Johnson, The Relevance of the Southern Ocean to the Development of a Global Regime for Marine Areas beyond National Jurisdiction—An Uncommon Commons
- Marta Chantal Ribeiro, South Atlantic Perspectives on the Future International Legally Binding Instrument under the LOSC on Conservation and Sustainable Use of BBNJ
- Glen Wright & Julien Rochette, Regional Management of Areas beyond National Jurisdiction in the Western Indian Ocean: State of Play and Possible Ways Forward
- Harriet R. Harden-Davies, Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction
Wednesday, January 10, 2018
New Issue: International Affairs
- Ordering the World? Liberal Internationalism in Theory and Practice
- G. John Ikenberry, Inderjeet Parmar, & Doug Stokes, Introduction: Ordering the world? Liberal internationalism in theory and practice
- G. John Ikenberry, The end of liberal international order?
- Constance Duncombe & Tim Dunne, After liberal world order
- Beate Jahn, Liberal internationalism: historical trajectory and current prospects
- Carla Norrlof, Hegemony and inequality: Trump and the liberal playbook
- Christopher Layne, The US–Chinese power shift and the end of the Pax Americana
- Naná De Graaff & Bastiaan Van Apeldoorn, US–China relations and the liberal world order: contending elites, colliding visions?
- Doug Stokes, Trump, American hegemony and the future of the liberal international order
- Inderjeet Parmar, The US-led liberal order: imperialism by another name?
New Issue: Revue belge de droit international
- H. Tuerk, 20 years of the International Tribunal for the Law of the Sea (ITLOS): an overview
- M. Chochorelou & C. Espaliu Berdud, Recent regional investment treaties and dispute settlement: investors and States on a rollercoaster of predominance
- C. Lequesne-Roth, Le contentieux arbitral des dettes souveraines
- M. Ambomo, Le cycle de Doha 15 ans après: l’OMC ou l’illusion du développement
- A. Ibrahim, La Déclaration De Khartoum du 23 mars 2015 : une réévaluation des rapports juridiques entre États du bassin du Nil?
- F. Dubuisson & G. Poissonnier, La Cour de justice de l’Union européenne et la question du Sahara occidental: cachez cette pratique (illégale) que je ne saurais voir
- C. Verrier, L’obtention du statut de réfugié sous la directive 2004/83/CE pour les déserteurs: un parcours du combattant? Un commentaire de l’arrêt Shepherd de la Cour de justice de l’Union européenne
New Issue: International Journal of Human Rights
The latest issue of the International Journal of Human Rights (Vol. 22, no. 2, 2018) is out. Contents include:- Sara Bailey, Beyond radical rhetoric: translating structural conceptions of the right to food into concrete demands for change
- Dominique Clément, Human rights or social justice? The problem of rights inflation
- Joshua B. Forrest, Local autonomy as a human right
- Ignatius Yordan Nugraha, Human rights derogation during coup situations
- Jeremy Sarkin, Respecting and protecting the lives of migrants and refugees: the need for a human rights approach to save lives and find missing persons
- Sebastien Moretti, Protection in the context of mixed migratory movements by sea: the case of the Bay of Bengal and Andaman Sea Crisis
- Jessika Eichler, New responses to mining extractivism in the Bolivian lowlands: the role and potential of indigenous cooperatives in self-managing mining resources
- Luke G.G. Bhatia, Intersections between the local and global: the Bahrain human rights movement
New Issue: European Journal of International Security
- Claudia Aradau & Tobias Blanke, Governing others: Anomaly and the algorithmic subject of security
- Stephane J. Baele, Thierry Balzacq, & Philippe Bourbeau, Numbers in global security governance
- Meredith Loken & Anna Zelenz, Explaining extremism: Western women in Daesh
- Luca Trenta, The Obama administration’s conceptual change: Imminence and the legitimation of targeted killings
- Marcus Schulzke, Necessary and surplus militarisation: Rethinking civil-military interactions and their consequences
- Freya Irani, ‘Lawfare’, US military discourse, and the colonial constitution of law and war
Call for Papers: 14th Annual Conference of the European Society of International Law (Reminder)
New Volume: British Yearbook of International Law
- In Memoriam
- Iain Scobbie, Jean d’Aspremont, & Yenkong Ngangjoh Hodu, Professor Gillian White (1936–2016)
- Articles
- Andrew Dickinson, Keeping up Appearances: The Development of Adjudicatory Jurisdiction in the English Courts
- Harriet Moynihan, Regulating the Past: The European Court of Human Rights’ Approach to the Investigation of Historical Deaths under Article 2 ECHR
- Jamie Trinidad, The Disputed Waters around Gibraltar
- Jack Wass, Jurisdiction by Estoppel and Acquiescence in International Courts and Tribunals
New Issue: Revista romana de drept international
The latest issue of Revista romana de drept international (No. 18, July-December 2017) is out. Contents include:- Articole
- Ion Gâlea, Reacția internațională la Catalonia: posibile consecințe pentru dreptul internațional
Call for Submissions: Trade, Law and Development
The journal Trade, Law and Development has issued a call for submissions on "Revisiting WTO's Role in Global Governance" for its 10th anniversary special issue (Vol. 10, no. 1). The call is here.
Zemach: Indeterminacy in the Law of War: The Need for an International Advisory Regime
Ariel Zemach (Ono Academic College - Law) has posted Indeterminacy in the Law of War: The Need for an International Advisory Regime (Brooklyn Journal of International Law, forthcoming). Here's the abstract:
Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council action establishing an international advisory regime and using the broad powers of the Security Council to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would represent a bargain between the Security Council and operating states, which would grant protection for states against the costs that typically attach to non-compliance with the law of war, to the extent that the state followed the legal guidance provided by the international advisors. This article demonstrates that the powers of the Security Council under the U.N. Charter accommodate such a bargain. The desirability of the proposed advisory regime from a humanitarian perspective, and its appeal for states, depend on the interpretive approach to the law of war that would guide the international advisors. This article identifies an interpretive approach to the law of war that would make the proposed advisory regime the best bargain from a humanitarian perspective that is politically feasible. Such an interpretive approach marks the farthest a state would be willing to stray from the most permissive interpretive approach to the law of war made possible by the indeterminacy of the law to secure the benefits that the advisory regime offers. Use of such an interpretive approach would be secured through the selection of international advisors, tailored to ensure that they are inclined to embrace the desired interpretive approach.
Tuesday, January 9, 2018
Jose: Norm Contestation: Insights into Non-Conformity with Armed Conflict Norms
This Brief uses the theory of norm contestation as a model for understanding variation in norm-related behavior in international relations. While most typical approaches to understanding norms view norms as stable structures and actor responses to them as unquestioned, in a global political climate where departures from expected behavior may occur, a more nuanced model is needed. By using a norm contestation framework that highlights norm fluidity and actor agency, this book expands the discussion, providing insight into divergent interpretations of norm violation and compliance and the dynamic nature of norms. The first two chapters introduce the norm contestation model, explain how it contributes to the literature on norm violations, and discuss the reasons for the cases discussed. Chapters Three and Four provide detailed case studies of the mechanisms of norm contestation as they apply to the civilian immunity and non-intervention norms. Chapter Five concludes by reconnecting the norm contestation model to the case studies and describing how it can be applied to norms other than those regulating armed conflict. It also discusses policy implications and avenues for future research.
Call for Submissions: Polish Yearbook of International Law (Reminder)
Call for Papers
Polish Yearbook of International Law
Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXVII), which will be published in June 2018. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal condition for acceptance, we are specifically interested in articles that address issues in international and European law relating to Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.
Submissions should not exceed 12,000 words (including footnotes) but in exceptional cases we may also accept longer works. We assess manuscripts on a rolling basis and will consider requests for expedited review in case of a pending acceptance for publication from another journal.
All details about submission procedure and required formatting are available at the PYIL’s webpage.
Please send manuscripts to pyil@inp.pan.pl. The deadline for submissions is 31 January 2018.
AJIL Unbound Symposium: Treaty Exit at the Interface of Domestic and International Law
AJIL Unbound has posted a symposium on "Treaty Exit at the Interface of Domestic and International Law." The symposium includes an introduction by Laurence R. Helfer and contributions by Curtis A. Bradley and Laurence R. Helfer, Alison L. Young, Michael Waibel, Jean Galbraith, Hannah Woolaver, Alexandra Huneeus and René Urueña, and Tania Voon and Andrew D. Mitchell.
Bjorge & Miles: Landmark Cases in Public International Law
- Eirik Bjorge & Cameron Miles, Introduction
- William S Dodge, The Charming Betsy and The Paquete Habana (1804 and 1900)
- Michael Waibel, Mavrommatis Palestine Concessions (Greece v Great Britain) (1924–27)
- Chester Brown, Factory at Chorzów (Germany v Poland) (1927–28)
- Douglas Guilfoyle, SS Lotus (France v Turkey) (1927)
- Eirik Bjorge, Island of Palmas (Netherlands v United States of America) (1928)
- Rolf Einar Fife, Legal Status of Eastern Greenland (Denmark v Norway) (1933)
- Duncan French, Trail Smelter (United States of America/Canada) (1938 and 1941)
- Katherine O'Byrne & Philippe Sands, Trial Before the International Military Tribunal at Nuremberg (1945–46)
- Thomas D Grant & Rowan Nicholson, The Early United Nations Advisory Opinions (1948–62)
- James Crawford & Paul Mertenskötter, The South West Africa Cases (1949 to 1971)
- Nikiforos Panagis & Antonios Tzanakopoulos, North Sea Continental Shelf (Federal Republic of Germany v Netherlands; Federal Republic of Germany v Denmark) (1969)
- Giorgio Gaja, Barcelona Traction, Light and Power Company (Belgium v Spain) (1970)
- Nigel Rodley, Tyrer v United Kingdom (1978)
- Robert Kolb, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (1984 to 1986)
- Sarah MH Nouwen & Michael A Becker, Tadic v Prosecutor (1995)
- Surabhi Ranganathan, The Nuclear Weapons Advisory Opinions (1996)
- Laurence Boisson de Chazournes & Makane Moïse Mbengue, Gabcíkovo-Nagymaros Project (Hungary/Slovakia) (1997)
- Sam Luttrell, Vivendi v Argentina (1997–2010)
- Callum Musto & Catherine Redgwell, US-Import Prohibition of Certain Shrimp and Shrimp Products (1998)
- Cameron Miles, LaGrand (Germany v United States of America) (2001)
- John Dugard, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004)
- Omri Sender & Michael Wood, Jurisdictional Immunities of the State (Germany v Italy; Greece intervening) (2012)
New Issue: International Peacekeeping
- Claire Q. Smith & Tom Jarvis, Ending Mass Atrocities: An Empirical Reinterpretation of ‘Successful’ International Military Intervention in East Timor
- Paul F. Diehl & Daniel Druckman, Multiple Peacekeeping Missions: Analysing Interdependence
- Andrew T. Wolff, Invitations to Intervene and the Legitimacy of EU and NATO Civilian and Military Operations
- Kseniya Oksamytna, Policy Entrepreneurship by International Bureaucracies: The Evolution of Public Information in UN Peacekeeping
- Kathia Légaré, Transnational State-Building in Lebanon and Bosnia-Herzegovina: Strengthening or Shattering the Peace?
- Dorina A. Bekoe, The United Nations Operation in Côte d’Ivoire: How a Certified Election Still Turned Violent
Monday, January 8, 2018
New Issue: Vanderbilt Journal of Transnational Law
The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 50, no. 5, November 2017) is out. Contents include:- Arthur J. Cockfield, How Countries Should Share Tax Information
- Jonathan Hafetz, Fairness, Legitimacy, and Selection Decisions in International Criminal Law
- Amnon Lehavi, Globalizing Property Law: An Institutional Analysis
- Stephen Townley, Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/Subjective Debates in International Humanitarian Law
New Volume: Yearbook on International Investment Law & Policy
- Part One
- Ilan Strauss, Explaining Global Trends in FDI in 2015 and Beyond
- Jesse Coleman, Lisa Sachs, Lise Johnson, & Kanika Gupta, International Investment Agreements, 2015-2016: A Review of Trends and New Approaches
- Notable Developments in International Investment Arbitration Case Law: 2015-2016, Kendra Magraw
- Part Two
- Karen Remmer, The Outcomes of Investment Treaty Arbitration: A Reassessment
- Mark Feldman, Multinational Enterprises and Investment Treaties
- Shu XU, Yingying Wu & Henry Hailong Jia, Investment Law's Roots in Customary International Law: Why investment law and trade diverge regarding the Right to Regulate
- Jean-Michel Marcoux, Embedding the International Investment Regime: An assessment of UNCTAD's proposal for reform
- Eve Bain, When Some Are More Equal Than Others: The need for a more substantive conception of 'equality of the parties' in investment arbitration
- Facundo Pérez-Aznar, Federal States and Investment Arbitration
- Giorgio Sacerdoti, Has China Become 'Legally' a Market-Economy Country on 11 December 2016 under The WTO Antidumping Agreement? Analyzing an open question
- Chin Leg Lim, Fragrant Harbour and Oyster Mirror: Beijing's investment treaty policy toward Hong Kong and Macao
- Gus Van Harten & Dayna Nadine Scott, Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada (Part 2)
- Ely Caetano Xavier Junior & José Augusto Fontoura Costa, Expropriation in Brazil's Cooperation and Facilitation Investment Agreements: A failed attempt to think outside the box
Conference: Sovereigns as Trustees of Humanity: Stocktaking
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