Blanck: Slovak Republic v. Achmea BV: The Death Knell for Intra-EU BITs?

John I. Blanck (Office of the Legal Adviser, U.S. Department of State) has posted an ASIL Insight on Slovak Republic v. Achmea BV: The Death Knell for Intra-EU BITs?

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 49, no. 3, 2018) is out. Contents include:

• Chris Whomersley, Offshore Archipelagos Enclosed By Straight Baselines: A Reply to J. Ashley Roach
• Jianjun Gao, The Timor Sea Conciliation (Timor-Leste v. Australia): A Note on the Commission's Decision on Competence
• Ki Beom Lee, The Korea Coast Guard's Use of Force Against Chinese Fishing Vessels: A Note
• Paul Hallwood & Thomas Miceli, Piracy and Privateers in the Golden Age: Lessons for Today
• Yann-huei Song, The July 2016 Arbitral Award, Interpretation of Article 121(3) of the UNCLOS, and Selecting Examples of Inconsistent State Practices
• Irina Fodchenko, Legal Aspects of the Russian–Norwegian Model for Cross-Border Unitization in the Barents Sea and Arctic Ocean
• Jacques Hartmann, Regulating Shipping in the Arctic Ocean: An Analysis of State Practice

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 21, no. 2, June 2018) is out. Contents include:

• Special Issue: Voices From Buenos Aires: Rethinking Trade Rules for a Digital Economy
• Shunko Rojas & Gustavo Béliz, Introduction to the Special Issue
• Susan Ariel Aaronson & Patrick Leblond, Another Digital Divide: The Rise of Data Realms and its Implications for the WTO
• Jane Kelsey, How a TPP-Style E-commerce Outcome in the WTO would Endanger the Development Dimension of the GATS Acquis (and Potentially the WTO)
• Henry Gao, Digital or Trade? The Contrasting Approaches of China and US to Digital Trade
• Nivedita Sen, Understanding the Role of the WTO in International Data Flows: Taking the Liberalization or the Regulatory Autonomy Path?
• Rutendo Tavengerwei, Using Trade Facilitation to Assist MSMEs in E-Commerce in Developing Countries
• Rachel Brewster, Exit from Trade Agreements: A Reputational Analysis of Cooperation and Fairness
• Alex Ansong, Single Undertaking, Different Speeds: Pliable Models for Decision-making in the WTO
• Robert Basedow, The WTO and the Rise of Plurilateralism—What Lessons can we Learn from the European Union’s Experience with Differentiated Integration?
• Dylan Geraets, Ensuring Continued Support for the Rules-Based Multilateral Trading System: The Need for a Public–Private Approach

New Issue: International Human Rights Law Review

The latest issue of the International Human Rights Law Review (Vol. 7, no. 1, 2018) is out. Contents include:

• Manisuli Ssenyonjo, Responding to Human Rights Violations in Africa
• Judith Wyttenbach, Systemic and Structural Factors Relating to Quality and Equality of Human Rights Implementation in Federal States
• Francesco Seatzu, The Convention on the Rights of Persons with Disabilities and International Human Rights Law
• Manny Zhang, Recognition, Transformation and Collective Restitution

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law. They were given by Juan José Ruda Santolaria on “El principio del uti possidetis iuris” and “La Santa Sede y el Estado Vaticano a la luz del derecho internacional.”

Allen & Monaghan: Fifty Years of the British Indian Ocean Territory: Legal Perspectives

Stephen Allen (Queen Mary, Univ. of London – Law) & Chris Monaghan (Worcester Univ. – Law) have published Fifty Years of the British Indian Ocean Territory: Legal Perspectives (Springer 2018). Contents include:

• Stephen Allen & Chris Monaghan, Introduction
• Stuart Lakin, Justifying Bancoult (No 2): Why Justice Hercules Must Sometimes Disappoint Us
• Adam Tomkins, Environmental Protection v the Right of Abode: A Case Study in the Misuse of Power
• Richard Gifford, How Public Law has not been able to provide the Chagossians with a Remedy
• T.T. Arvind, The Subject as a Civic Ghost: Law, Dominion, and Empire in the Chagos Litigation
• Chris Monaghan, An Imperfect Legacy: The Significance of the Bancoult litigation on the Development of Domestic Constitutional Jurisprudence
• Colin Murray & Tom Frost, The Chagossians’ Struggle and the Last Bastions of Imperial Constitutionalism
• Ralph Wilde, Anachronistic as colonial remnants may be...’ Locating the Rights of the Chagos Islanders as a Case Study of the Operation of Human Rights Law in Colonial Territories
• Thomas D. Grant, The Once and Future King: Sovereignty over Territory and the Annex VII Tribunal’s Award in Mauritius v. United Kingdom
• Stephen Allen, The Operation of Estoppel in International Law and the Function of the Lancaster House Undertakings in the Chagos Arbitration Award
• David M. Ong, Implications of the Chagos Marine Protected Area Arbitral Tribunal Award for the Balance between Natural Environmental Protection and Traditional Maritime Freedoms
• Sue Farran, Learning from Chagos, Lessons for Pitcairn?
• Amy Schwebel, ‘International Law and Indigenous Peoples’ Rights: What Next for the Chagossians?
• David Snoxell, The Politics of Chagos: Part Played by Parliament and the Courts Towards Resolving the Chagos Tragedy

Call for Submissions: Law, Governance and Development: Critical and Heterodox Approaches

Contributions are being sought for a bilingual special issue of the Canadian Journal of Development Studies on "Law, Governance and Development: Critical and Heterodox Approaches," co-edited by Mark Toufayan and Siobhán Airey. The call is here.

Call for Papers: International Law and Conflict at Sea

The Stockton Center for International Law at the U.S. Naval War College has issued a call for papers for a workshop on "International Law and Conflict at Sea," to take place November 27-28, 2018. The call is here.

New Issue: Korean Journal of International and Comparative Law

The latest issue of the Korean Journal of International and Comparative Law (Vol. 6, no. 1, 2018) is out. Contents include:

• Jae Woon Lee & Xiongfeng Li, Ongoing Tension in the Air
• Ratna Juwita, An Aretaic Jurisprudence Approach to the Character of the Secretary-General of the United Nations as a Norm Entrepreneur to Save the Earth from the Adverse Impact of Climate Change
• Lowell Bautista, The South China Sea Arbitral Award amidst Shifting Philippine Foreign Policy
• Seokwoo Lee & Hee Eun Lee, Contemporary Issues and Challenges
• Si Jin Oh, Relevance of History and Theory in the Historical Injustice Issues of East Asia
• Seokwoo Lee, Territorial Settlements in Peace Treaties
• Buhm-Suk Baek, Universality of Human Rights, but Not Uniformity of Implementation?
• Sangmin Shim, The North-South Divide on Sustainable Development and the Recent Developments in the Asian Context
• Pyoung Keun Kang, Implications of the Development of International Law upon the Protection of Foreign Investors and Investments from the Perspective of Developing States
• Eon Kyung Park & Taegil Kim, Historical Injustice in Asia and the Role of International Economic Law
• Seung-Jin Oh, Historical Injustice and Dispute Settlement in Asia
• Sung-Won Kim, The Eastphalian Project Revisited

New Issue: International Relations

The latest issue of International Relations (Vol. 32, no. 2, June 2018) is out. Contents include:

• Articles
• Dominic Tierney, Accidental primacy: balancing and the path to power
• Jeffrey S Lantis & Daniel J Bloomberg, Changing the code? Norm contestation and US antipreneurism in cyberspace
• Rodney Bruce Hall, Deontic power, authority, and governance in international politics
• Emma-Louise Anderson, African health diplomacy: obscuring power and leveraging dependency through shadow diplomacy
• Philip Cunliffe, From peacekeepers to praetorians – how participating in peacekeeping operations may subvert democracy
• Debate
• Milja Kurki & Ken Booth, Responses to Justin Rosenberg’s ‘IR in the prison of Political Science’ and ‘Rethinking International Relations – again’
• Benjamin Tallis, Justin Rosenberg’s IR jail break: commentary of the best kind
• Nathan Alexander Sears, Multiplicity – within and between
• Olaf Corry, Societies are not the only source of multiplicity
• Hannes Peltonen, A prison break into the past? A comment on Justin Rosenberg’s ‘International Relations in the prison of Political Science’
• Alex Prichard, Anarchy, anarchism and multiplicity: Preface to a fuller dialogue with Rosenberg
• Brieg Powel, Deepening ‘multiplicity’: A response to Rosenberg
• Justin Rosenberg, IR 101

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 7, no. 2, July 2018) is out. Contents include:

• Ulrich Wagrandl, Transnational militant democracy
• Petra Gümplová, Popular sovereignty over natural resources: A critical reappraisal of Leif Wenar’s Blood Oil from the perspective of international law and justice
• Mark Machacek, Global public–private partnerships and the new constitutionalism of the refugee regime
• Diego Werneck Arguelhes & Leandro Molhano Ribeiro, ‘The Court, it is I’? Individual judicial powers in the Brazilian Supreme Court and their implications for constitutional theory
• Markus Patberg, Challenging the masters of the treaties: Emerging narratives of constituent power in the European Union

New Issue: Asia-Pacific Journal of Ocean Law and Policy

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 3, no. 1, 2018) is out. Contents include:

• Articles
• Zoe Scanlon & Robert Beckman, Assessing Environmental Impact and the Duty to Cooperate
• Jonathan G. Odom, Guerrillas in the Sea Mist
• Abdullah Al Arif, Legal Status of the Precautionary Principle in International Fisheries Law and Its Application in the Marine Fisheries Regime of Bangladesh
• State Law of the Sea Practice in Asian Pacific States
• Jiayi Wang, Solid Wastes Import Control in China
• Kentaro Nishimoto, Japan’s Act of 2017 on Research Whaling
• Current Legal Developments
• Ted L. McDorman, The South China Sea Tribunal Awards
• Katherine Seto & Quentin Hanich, The Western and Central Pacific Fisheries Commission and the New Conservation and Management Measure for Tropical Tunas

New Volume: Ocean Yearbook

The latest volume of the Ocean Yearbook (Vol. 32) is out. Contents include:

• The Law of the Sea and Ocean Governance
• Michel Morin, Fifty Years on from Arvid Pardo’s Speech at the United Nations
• Julia Gaunce, On the Interpretation of the General Duty of “Due Regard”
• Wu Shicun, Reviewing the South China Sea Situation and Exploring the Way Forward
• Hong Nong, The Applicability of the Archipelagic Regime in the South China Sea: A Debate on the Rights of Continental States’ Outlying Archipelagos
• Francesco Munari, Migrations by Sea in the Mediterranean: An Improvement of EU Law is Urgently Needed
• Coastal and Ocean Management
• Elizabeth Edmondson, Adrian Gerhartz-Abraham, Lucia Fanning & Megan Bailey, Addressing Tensions between Participation and Protection: Use of the U.S. Antiquities Act of 1906 in Marine Conservation
• Julia Jabour & Danielle Smith, The Ross Sea Region Marine Protected Area: Can It be Successfully Managed?
• Ingvild Ulrikke Jakobsen, Integrated Ocean Management in the Arctic: Comparative Analyses of the Implementation and Use of Marine Protected Areas in Canada and Norway
• Elise Johansen, Norway’s Integrated Ocean Management: A Need for Stronger Protection of the Environment?
• Environmental Management
• Gail S. Fraser & Angela V. Carter, Seabird Attraction to Artificial Light in Newfoundland and Labrador’s Offshore Oil Fields: Documenting Failed Regulatory Governance
• Joana Correia Prata, Plastic Litter in Our Oceans: A Case for Government Action
• Living Resources Management
• Guillermo Compeán, Review of Management and Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean
• Valentin J. Schatz, Marine Fisheries Law Enforcement Partnerships in Waters under National Jurisdiction: The Legal Framework for Inter-State Cooperation and Public-Private Partnerships with Non-governmental Organizations and Private Security Companies
• Joeli Veitayaki, Esaroma Ledua, Akosita Nakoro, Hyun Pyo Hong, Deukhoon Peter Han, Sukran Moon & Annette Breckwoldt, Future Use of Past Practices: Policy Implications of Insights from Two Community-Based Marine Resource Management Initiatives in Fiji
• Maritime Transport and Security
• Leah Beveridge, Arctic Pilots for Canadian Corridors: Is There a Role for Pilotage in the Canadian Low Impact Shipping Corridors?
• Megan Drewniak & Dimitrios Dalaklis, Expansion of Business Activities in the Arctic: The Issue of Search and Rescue Services
• Stephan Gollasch & Matej David, Ballast Water Management Convention Implementation Challenges
• Armando Graziano, Gesa Praetorius, Jens-Uwe Schröder-Hinrichs, Maximo Q. Mejia & Aditi Kataria, It Takes Two to Tango: EU Policy Makers’ Bi-dimensional Approach to Flag State Performance
• Rumesh H. Merien-Paul, Hossein Enshaei & Shantha Gamini Jayasinghe, Liquefied Natural Gas as a Marine Fuel in Australia: Developing a Conceptual Framework for Strategic Decision-Making
• Yubing Shi, The Implications of the Paris Agreement for the Regulation of Greenhouse Gas Emissions from International Shipping
• Michael Stein, Integrating Unmanned Vehicles in Port Security Operations: An Introductory Analysis and First Applicable Frameworks

Call for Papers: International Business Law Scholars’ Roundtable

The Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School has issued a call for papers for an International Business Law Scholars’ Roundtable, to take place November 16-17, 2018. The call is here.

Seibert-Fohr: Digital Surveillance, Meta Data and Foreign Intelligence Cooperation: Unpacking the International Right to Privacy

Anja Seibert-Fohr (Universität Heidelberg - Law) has posted Digital Surveillance, Meta Data and Foreign Intelligence Cooperation: Unpacking the International Right to Privacy. Here's the abstract:

Anti-terrorism measures have led to increasing digital interception of private communications and to mass surveillance, the extent of which had been unseen until recently. When a few years ago the discussion started about how to deal with this phenomenon, the call for a new legal instrument quickly erupted. However, this the article demonstrates that this is not a blind spot of international law. Article 17 of the International Covenant on Civil and Political Rights guarantees the right to privacy and the protection against unlawful interference with correspondence. The Human Rights Committee which is entrusted with the interpretation of the Covenant has taken recent cyber-related developments as an opportunity to unpack the right to privacy in the context of its state reporting procedure. The article by Anja Seibert-Fohr describes and systematizes the Human Rights Committee’s interpretation of Article 17 of the International Covenant on Civil and Political Rights with respect to the protection of privacy against digital surveillance, meta data retention and foreign intelligence cooperation and outlines the respective legal standards. The author demonstrates that the Covenant provides the necessary legal ground to confront new technological challenges without ignoring the exigencies of the altering security situation. Safeguard procedures play a central role in this undertaking. The Committee, having identified various shortcomings in national legal frameworks, has specified the necessary safeguards to effectively protect the right to privacy against arbitrary interference. It has also clarified the territorial scope of protection under the Covenant which is not limited to domestic measures but also extents to transnational surveillance and digital intelligence sharing. The Committee thus has specified the meaning of Article 17 and laid important groundwork for the consideration of cyber-related issues. The author concludes with an outlook, describing new issues which the Committee will need to consider in the future, and makes general recommendations for the future conceptualization of the right to privacy in the digital age more generally.

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 33, no. 1, Winter 2018) is out. Contents include:

• Special Focus Section: OECD Conference – Evaluating and Enhancing Outcomes of Investment Treaties
• Andrew Kerner, What Can We Really Know about BITs and FDI? 
• Ursula Kriebaum, Evaluating Social Benefits and Costs of Investment Treaties: Depoliticization of Investment Disputes
• Stephan W Schill & Vladislav Djanic, Wherefore Art Thou? Towards a Public Interest-Based Justification of International Investment Law 
• Lecture
• W Michael Reisman, The Past and Future of the Great Compact : White & Case International Arbitration Lecture (Lamm Lecture, University of Miami School of Law, 9 February 2017) 
• Case Comments
• Jean Ho, Sanum Investments Ltd v The Government of the Lao People's Democratic Republic: Circumstantial Indicia in Treaty Interpretation 
• Yannick Radi, Philip Morris v Uruguay: Regulatory Measures in International Investment Law: To Be or Not To Be Compensated? 
• Philip Devenish & Odysseas G Repousis, CEAC v Montenegro: When does an investor have a ‘seat’ in its home state? 
• Note
• Nelson Goh, The Power of Tribunals to Enjoin Criminal Proceedings: A Widening Power or Converging High Bar? Italba Corporation v Oriental Republic of Uruguay; Hydro Srl and others v Republic of Albania; Teinver and others v Argentine Republic
• Articles
• Carlos José Valderrama, Perú – Buenas Prácticas de Cómo Enfrentar Demandas Internacionales Iniciadas por Inversionistas Privados 
• John Shijian Mo, The Dilemma of Applying Bilateral Investment Treaties of China to Hong Kong and Macao: Challenge Raised by Sanum Investments to China 
• Michael Hwang & Aloysius Chang, Of Forks and Dead Ends: Sanum Investments Ltd v Government of the Lao People's Democratic Republic
• Yuka Fukunaga, Abuse of Process under International Law and Investment Arbitration 
• Christine Sim, Dealing with Ex Post Information in Investment Arbitrations: Quiborax SA et al v Plurinational State of Bolivia
• Cherie Blair & Ema Vidak Gojković, WikiLeaks and Beyond: Discerning an International Standard for the Admissibility of Illegally Obtained Evidence 
• Brian Kotick & Joel Dahlquist Cullborg, A (Counter) Balancing Act: The Express Power to Order a Security on a Stay of Enforcement Pending Annulment 
• Patrick M Norton, The Role of Precedent in the Development of International Investment Law
• Duncan Watson & Tom Brebner. Nationality Planning and Abuse of Process: A Coherent Framework 

AJIL Unbound Symposium: Monica Hakimi's "The Jus ad Bellum's Regulatory Form"

AJIL Unbound has posted a symposium on Monica Hakimi's article "The Jus ad Bellum's Regulatory Form." The symposium includes an introduction by Ashley S. Deeks and contributions by Theresa Reinold, Tess Bridgeman, Christian J. Tams, and Ian Johnstone.

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

A reminder that the British International Studies Association International Law Working Group has issued a call for papers for a workshop on "International law under pressure: navigating a shifting landscape," to take place November 19, 2018, at the University of Glasgow. The deadline is June 30, 2018. Here's the call:

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

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

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

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

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

New Issue: Cambridge International Law Journal

The latest issue of the Cambridge International Law Journal (Vol. 7, no. 1, June 2018) is out. Contents include:

• Long Articles
• Deborah Whitehall, A time-map for international law: 2017 Cambridge International Law Journal–Lauterpacht Centre for International Law Annual Lecture
• Clara Chapdelaine-Feliciati, Deconstructing the Convention on the Rights of the Child: semiotics, significs and semioethics of gendercide
• Melissa Conway, Ordering individual criminal responsibility: proposing a hierarchy of the modes of liability
• Sacha Garben, The problematic interaction between EU and international law in the area of social rights
• Samuli Haataja & Afshin Akhtar-Khavari, Stuxnet and international law on the use of force: an informational approach
• Michail Vagias, Retroactive state criminal jurisdiction under international law
• Noam Zamir, The classification of armed conflicts between occupying states and non-state armed groups in cases of belligerent occupation
• Short Articles
• Frederick Cowell, Understanding the legal status of Universal Periodic Review recommendations

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 62, no. 6, July 2018) is out. Contents include:

• Nam Kyu Kim, Are Military Regimes Really Belligerent?
• Alyssa K. Prorok, Led Astray: Leaders and the Duration of Civil War
• S. Erdem Aytaç, Luis Schiumerini, & Susan Stokes, Why Do People Join Backlash Protests? Lessons from Turkey
• Anselm Rink & Kunaal Sharma, The Determinants of Religious Radicalization: Evidence from Kenya
• Thomas M. Dolan, Clayton Besaw, & Joseph Butler, Where the Insurgents Aren’t: Rurality, Information, and Nonterritorial Insurgency
• Áslaug Ásgeirsdóttir & Martin C. Steinwand, Distributive Outcomes in Contested Maritime Areas: The Role of Inside Options in Settling Competing Claims
• María José Hierro & Aina Gallego, Identities in between: Political Conflict and Ethnonational Identities in Multicultural States