We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage.
Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.
Saturday, September 29, 2018
- Reparation for Victims of Armed Conflict: Impulses from the Max Planck Trialogues
- Christian Marxsen, Unpacking the International Law on Reparation for Victims of Armed Conflict
- Michael Wood, The Rights of Victims to Reparation: The Importance of Clear Thinking
- Anne Peters, Rights to Reparation as a Consequence of Direct Rights under International Humanitarian Law
- Rainer Hofmann, The 2010 International Law Association Declaration of International Law Principles on Reparation for Victims of Armed Conflict
- Letizia Lo Giacco, In the Midst of Reparation: On the Correlation between Individual Rights and State Obligations
- Carla Ferstman, The Relationship Between Inter-State Reparations and Individual Entitlements to Reparation: Some Reflections
- Clara Sandoval, The Legal Standing and Significance of the Basic Principles and Guidelines on the Right to a Remedy and Reparation
- Fin-Jasper Langmack, The Normative Value of the Basic Principles and Guidelines on the Right to a Remedy and Reparation
- Carolyn Moser, Bring Claims if You Can – On the Intricate Arrangements for Claims Arising from Extraterritorial EU Security and Defence Activities
- Christian Marxsen, What Do Different Theories of Customary International Law Have to Say About the Individual Right to Reparation Under International Humanitarian Law?
- Franziska Brachthäuser & Anton Haffner, Transformative Reparation: Should Reparation Change Societies?
- Shuichi Furuya, Waiver or Limitation of Possible Reparation Claims of Victims
- Norbert Wühler, Reparations and Legal Succession – What Happens When the Victims Are Gone?
- Mojtaba Kazazi, United Nations Compensation Commission and Liability for Use of Force
- Christoph Sperfeldt, Reparations for Victims of Mass Atrocities: Taking the Views of Victims into Account
- Thore Neumann, The ICC’s Reparations Order in re Al Mahdi – Three Remarks on Its Relevance for the General Discussion on Reparations
- Matthias Hartwig, Reparations to Be Paid to a Third State on Whose Territory Military Actions Are Taken Against Non-State Actors
- Leander Beinlich, Access Granted, Access Barred? Exploring the Interplay of Human Rights and States’ Domestic Liability Regimes in the Context of Individual Reparation Claims
- Larissa van den Herik, Reparation for Decolonisation Violence A Short Overview of Recent Dutch Litigation
- Monika Polzin, Der verrechtlichte Ausnahmezustand
- Judith Wyttenbach, Women’s Rights to Land and Land-Related Resources under the UN Convention on the Elimination of all Forms of Discrimination Against Women
- Stellungnahmen und Berichte
- Matthias Hartwig, Bericht zur völkerrechtlichen Praxis der Bundesrepublik Deutschland im Jahr 2016
- Geoffrey Robertson, Foreword
- Leila Nadya Sadat, Preface
- Donald M. Ferencz, Introduction
- M. Cherif Bassiouni, The status of aggression in international law from Versailles to Kampala – and what the future might hold
- William A. Schabas, Nuremberg and aggressive war
- Robert Cryer, The Tokyo IMT and crimes against peace (aggression) – is there anything to learn?
- Larry May, The just war in ancient legal thought
- Kirsten E. Sellars, Definitions of aggression as harbingers of international change
- David M. Crane, International humanitarian law in an age of extremes: unlawful uses of force by non-state actors
- Larissa van den Herik & Catherine Harwood, Commissions of inquiry and the Jus ad Bellum
- Douglas J. Pivnichny, The international court of justice and the use of force
- Carrie McDougall, The other enemy: transnational terrorists, armed attacks and armed conflict
- Robin Geiß, Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom
- Sergey Sayapin, International law on the use of force: current challenges
- Yoram Dinstein, The crime of aggression under customary international law
- Jennifer Trahan, The crime of aggression and the international criminal court
- Terje Einarsen, Prosecuting aggression through other universal core crimes at the International Criminal Court
- Manuel J. Ventura, The illegal use of armed force (other inhumane act) as a crime against humanity: an assessment of the case for a new crime at the International Criminal Court
- John Hagan & Anna Hanson, Aggression, atrocities, and accountability: building a case in Iraq
- Federica D'Alessandra & Robert Heinsch, Rethinking the relationship between Jus in Bello and Jus ad Bellum: a dialogue between authors
- David J. Scheffer & Angela Walker, Twenty-first-century paradigms on military force for humane purposes
- Mary Ellen O'Connell, The presumption of peace: illegal war, human rights, and humanitarian law
- Leila Nadya Sadat, The urgent imperative of peace
- Benjamin B. Ferencz, Epilogue
Sparks: Protection of Animals through Human Rights. The Case-Law of the European Court of Human Rights
This paper discusses the potential of a human rights framework to contribute to the growth and development of global animal law. Parts one and two of the essay take as their example the jurisprudence of the European Court of Human Rights, and examine the major trends in the Court’s judgments and admissibility decisions that directly or indirectly concern the rights or welfare of animals. It is concluded that the Court is not indifferent to the welfare of animals, but that animal welfare is instrumentalised: it is understood not as a good in itself, but is instead valued for its implications for human welfare and rights. Part three of the essay then considers the obstacles that the anthropocentrism of the human rights idea and the instrumentalisation of animal concerns present to the use of human rights frameworks to further the development of global animal law, as well as the opportunities that exist in the meeting of these paradigms. It concludes that although the telos of human rights law is different from that of animal law, nevertheless there exist many overlapping concerns within which mutually beneficial interactions are possible.
- General articles
- Christian Tomuschat, Individual and collective identity: Factual givens and their legal reflection in international law: Words in commemoration of Krzysztof Skubiszewski
- Alessandra La Vaccara, Past conflicts, present uncertainty. Legal answers to the quest for information on missing persons and victims of enforced disappearance: Three case studies from the European context
- Maryna Rabinovych, The rule of law promotion through trade in the “associated” Eastern neighbourhood
- Hanna Kuczyńska, Changing evidentiary rules to the detriment of the accused? The Ruto and Sang decision of the ICC Appeals Chamber
- Maciej Szpunar, Is the Court of Justice afraid of international jurisdictions?
- Marton Varju, Member State interests and EU law: filtering, moderating, and transforming?
- Jakub Kociubiński, European “ghost airports”: EU law failure or policy failure? The need for economic analysis in State aid law
- Justyna Maliszewska-Nienartowicz, A new chapter in the EU counterterrorism policy? The main changes introduced by the Directive 2017/541 on combating terrorism
- Mirosława Myszke-Nowakowska, Insolvency forum shopping – What can be learned from the ECJ and US Supreme Court case law on international company law and insolvency procedures?
- Minisymposium on general principles of international law
- Artur Kozłowski, Systematicity of general principles of (international) law – an outline
- Roman Kwiecień, General principles of law: The gentle guardians of systemic integration of international law
- Przemysław Saganek, General principles of law in public international law
- Izabela Skomerska-Muchowska, Some remarks on the role of general principles in interpretation and application of international customary and treaty law
- Polish practice of international law
- Karolina Wierczyńska, Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation as a ground for prosecution of the crimes against humanity, war crimes and crimes against peace
- Patrycja Grzebyk, Amendments of 2018 to the Act on the Institute of National Remembrance – Commission for the Prosecution of Crimes the Polish Nation in light of international law
- Book reviews
- Andrzej Jakubowski, Book review: Alexandra Xanthaki, Sanna Valkonen, Leena Heinämäki and Piia Nuorgam (eds.), Indigenous Peoples’ Cultural Heritage. Rights, Debates, Challenges, Brill-Nijhoff, Leiden-Boston: 2017, pp. viii, 351
- Marcin Kałduński, Book review: B. N. Patel, A. Kumar, W. Nunes (eds.), Indian Ocean and Maritime Security: Competition, Cooperation and Threat, Routledge, London and New York 2017, pp. 164
- Agata Kleczkowska, Book review: Claus Kreß and Stefan Barriga (eds.), The Crime of Aggression: A Commentary, Cambridge University Press, Cambridge: 2017, pp. 1488
- Kaja Kowalczewska, Book review: Noam Zamir, Classification of Conflicts in International Humanitarian Law. The Legal Impact of Foreign Intervention in Civil Wars, Edward Elgar Publishing, Cheltenham, UK; Northampton, MA: 2017, pp. 260
- Karolina Wierczyńska, Book review: Cheryl Lawther, Luke Moffett, Dov Jacobs (eds.), Research Handbook on Transitional Justice, Edward Elgar Publishing, Cheltenham, UK, Northampton, USA: 2017, pp. 576
Steininger & von Bernstorff: Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human' Rights in International Law
Who turned multinational corporations into bearers of human rights? This contribution analyzes the recognition and transformation of the idea of legal persons as rights holders from a rather isolated and restricted phenomenon in some domestic contexts, into a broader and fully-fledged recognition of corporations as human rights bearers in international law. Throughout the last decades, the highly contested and by no means obvious recognition of corporations as independent right holders has become a salient discursive element in two fields of international law; international human rights law and international investment law.
By inquiring into the role of historical contingency, we analyze the interplay between events and discursive structures that led to the creation of corporate human rights. We argue that this development can be traced back to three historical events post 1945: First, the inclusion of legal persons in the drafting process of the ECHR and its First Additional Protocol in the late 1940s. Secondly, the jurisprudence of the ECtHR, peaking in the 1980s, which effectively promoted and expanded corporate rights. Thirdly, the migration of corporate human rights into the realm of investment arbitration in the early 2000s. Ultimately, we situate this critical re-description of corporate human rights in the debate on counterfactual thinking and the problem of false contingency, asking the question whether an alternative course of events would have been possible.
Dahlbeck: Spinoza, Ecology and International Law: Radical Naturalism in the Face of the Anthropocene
This book addresses the use of Benedict Spinoza’s philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has – as evidenced in the recent UN report series Harmony with Nature – come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza’s ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza’s philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza’s naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.
Friday, September 28, 2018
- Terre à terre : Environnement et approches critiques du droit
- Hélène Mayrand & Sabrina Tremblay-Huet, Terre à terre : Environnement et approches critiques du droit
- Aliènor Bertrand, A Colonial Factory of Property Rights: Contribution to an Archeology of Naturalism
- Hélène Mayrand, Déconstruire et repenser les fondements du droit international de l’environnement
- Julia Dehm, Reflections on Paris: Thoughts Towards a Critical Approach to Climate Law
- Rabah Belaidi, Entre théories et pratiques : La nature, sujet de droit dans la constitution équatorienne, considérations critiques sur une vieille antienne
- Sabrina Tremblay-Huet, Should Environmental Law Learn from Animal Law? Compassion as a Guiding Principle for International Environmental Law Instead of Sustainable Development
The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary.
This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.
The Yearbook of International Disaster Law (YIDL) aims to foster the interest of academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made disasters, including rapid and slow onset events, but excluding events such as armed conflicts or political/financial crises per se. The YIDL is a double-blind peer review journal published by Brill/Nijhoff.
For its inaugural issue (vol. 1, 2018) the YIDL welcome submissions of abstracts for papers addressing topics pertaining to any issue of international disaster law. Abstracts shall be sent by 15th November 2018 at the e-mail address: firstname.lastname@example.org The YIDL also welcomes suggestions for book reviews.
Abstracts should be between 700-1,000 words, including relevant citations. Authors are also kindly requested to attach a short curriculum vitae to their e-mail. Further details available in the attached call.
Thursday, September 27, 2018
War, Law and Humanity tells the story of the transatlantic campaign to either mitigate the destructive forces of the battlefield, or prevent wars from being waged altogether, in the decades prior to the disastrous summer of 1914. Starting with the Crimean War of the 1850s, James Crossland traces this campaign to control warfare from the scandalous barracks of Scutari to the shambolic hospitals of the American Civil War, from the bloody sieges of Paris and Erzurum to the combative conference halls of Geneva and The Hague, uncovering the intertwined histories of a generation of humanitarians, surgeons, pacifists and utopians who were shocked into action by the barbarism and depravities of war. By examining the fascinating personal accounts of these figures, Crossland illuminates the complex motivations and influential actions of those committed to the campaign to control war, demonstrating how their labours built the foundation for the ideas – enshrined in our own times as international norms – that soldiers need caring for, weapons need restricting and wars need rules.
Wentker: Nichtteilnahme als Grenzphänomen zwischenstaatlicher Gerichts- und Schiedsverfahren – die Fälle South China Sea und Arctic Sunrise
German Abstract: Dieser Beitrag untersucht die Antworten des Internationalen Seegerichtshofs und zweier Schiedsgerichte auf die Nichtteilnahme Chinas im Fall South China Sea und Russlands im Fall Arctic Sunrise. Dabei fragt er erstens nach Grenzen für die (Schieds-)Gerichte bei der Durchführung der Verfahren, zweitens nach Grenzen für das Verhalten der nicht teilnehmenden Staaten im Verfahren und drittens nach Grenzen für die Funktionsfähigkeit der intenationalen Seegerichtsbarkeit jenseits der beiden Verfahren. Er legt dar, dass die Nichtteilnahme der beklagten Staaten für die Durchführbarkeit und die Integrität der Verfahren keine insgesamt unüberwindbare Herausforderung darstellte. Das Verfahrensrecht erlaubte den (Schieds-)Gerichten nicht nur, die Prozesse überhaupt durchzuführen. Mit ihrem erheblichen Gestaltungsspielraum bei der Verfahrensregelung und der Beweiserhebung und -würdigung konnten sie außerdem praktischen Schwierigkeiten auf verschiedenen Ebenen weitgehend begegnen. Obwohl China und Russland sich ihrem Status als Parteien am Verfahren nicht entziehen konnten, waren sie zur Teilnahme als solcher nicht verpflichtet. Dennoch zogen die (Schieds-)Gerichte dem Verhalten Grenzen, das die Nichtteilnahme begleitete. Auch über die beiden Fälle hinaus sind eine nachhaltige Beeinträchtigung der effektiven Funktionswahrnehmung der Seegerichtsbarkeit, ihrer Entwicklung und des Vertrauens in ihre Mechanismen nicht unbedingt zu befürchten. Jedenfalls stünde das nicht ohne Weiteres in einem klaren Zusammenhang zum Phänomen der Nichtteilnahme.
English Abstract: This paper analyses the responses given by the International Tribunal for the Law of the Sea and two arbitral tribunals to China and Russia’s non-participation in the South China Sea and Arctic Sunrise cases respectively. It enquires, first, into the limits on these tribunals’ ability to conduct their proceedings, secondly, into the limits on the non-participating States’ behaviour during the proceedings, and thirdly, into the limits for international adjudication in the law of the sea as it extends beyond the two cases. I argue that the defendant States’ non-participation did not seriously undermine the good administration of justice and the integrity of the proceedings. The procedural law as applied by the tribunals provided them with considerable flexibility and broad competencies to regulate their own procedures and to admit evidence. This allowed them to meet the practical challenges that arose at various levels. While China and Russia could not evade their party status in the cases, they were under no duty to appear. Nevertheless, the tribunals were still able to set limits on the conduct of the two States. I conclude that following these two cases, neither the effectiveness, nor the development of law of sea adjudication and the trust in its mechanisms are necessarily impaired. At least, such an impairment should not automatically be attributed to the States' non-participation.
Beginning with the extraordinary rescript by Tsar Nicholas II in August 1898 calling the world's governments to a disarmament conference, this book charts the history of the two Hague peace conferences of 1899 and 1907 – and the third conference of 1915 that was never held – using diplomatic correspondence, newspaper reports, contemporary publications and the papers of internationalist organizations and peace activists.
Focusing on the international media frenzy that developed around them, Maartje Abbenhuis provides a new angle on the conferences. Highlighting the conventions that they brought about, she demonstrates how The Hague set the tone for international politics in the years leading up to the First World War, permeating media reports and shaping the views and activities of key organizations such as the inter-parliamentary union, the international council of women and the Institut de droit international (Institute of International Law).
Based on extensive archival research in the Netherlands, Great Britain, Switzerland and the United States alongside contemporary publications in a range of languages, this book considers the history of the Hague conferences in a new way, and presents a powerful case for the importance of The Hague conferences in shaping twentieth century international politics.
Wednesday, September 26, 2018
Pisillo Mazzeschi & De Sena: Global Justice, Human Rights and the Modernization of International Law
- Emmanuel Decaux, The Impact of Individuals and Other Non-State Actors on Contemporary International Law
- Antonello Tancredi, State Sovereignty: Balancing Effectiveness and Legality/Legitimacy
- Giorgio Gaja, Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice
- Pierre-Marie Dupuy, From a Community of States Towards a Universal Community?
- Hanna Bourgeois & Jan Wouters, Methods of Identification of International Custom: A New Role for Opinio Juris?
- Riccardo Pisillo Mazzeschi & Alessandra Viviani, General Principles of International Law: From Rules to Values?
- Jean d’Aspremont, What Was Not Meant to Be: General Principles of Law as a Source of International Law
- Christian Tomuschat, General International Law: A New Source of International Law?
- Massimo Iovane, Conflicts Between State-Centred and Human-Centred International Norms
- Francesco Francioni, Global Justice, Equality and Social Inclusion: What Kind of “Modernization” of International Law?
- Pasquale De Sena, Still Three Different Status for Aliens, Citizens and Human Persons?
- Jorge E. Viñuales, The Influence of Environmental Protection on the Fabric of International Law
The international law on reparation for victims of armed conflict is complex. Numerous subfields of international law are involved, among them international human rights law, international criminal law, international humanitarian law, and the law on State responsibility. In addition to this complexity, reparation-related questions are often highly politically charged. They are focal points of contestation about moral values, different conceptions of justice, and approaches to international law, including the status of the individual human being in this order. Against this backdrop, the collection of short essays explores whether and under which circumstances individuals have a right to reparation under international law. The introduction unpacks the legal dimensions and identifies the currently most controversial issues. One set of essays then analyses, from different angles, whether a right to reparation for individuals exists as a matter of law. Another set recounts experiences with the implementation of reparation mechanisms and discusses the challenges. A third group of essays addresses the role of domestic courts. The essays (‘impulses’) are one outcome of the Max Planck Trialogue workshop on reparation for victims of armed conflict, held in November 2017 in Berlin.
Sayapin & Tsybulenko: The Use of Force against Ukraine and International Law Jus Ad Bellum, Jus In Bello, Jus Post Bellum
- Miras Daulenov, The Legal Nature of States’ Obligations Towards Ukraine in the Context of Jus Contra Bellum
- Bill Bowring, Who Are the “Crimea People” or “People of Crimea”? The Fate of the Crimean Tatars, Russia’s Legal Justification for Annexation, and Pandora’s Box
- Valentina Azarova, An Illegal Territorial Regime? On the Occupation and Annexation of Crimea as a Matter of International Law
- Sabine Hassler & Noëlle Quénivet, Conferral of Nationality of the Kin State – Mission Creep?
- Oleksandr Merezhko, International Legal Aspects of Russia’s War Against Ukraine in Eastern Ukraine
- Evhen Tsybulenko and J’moul A. Francis, Separatists or Russian Troops and Local Collaborators? Russian Aggression in Ukraine: The Problem of Definitions
- Tymur Korotkyi & Nataliia Hendel, The Legal Status of the Donetsk and Luhansk “Peoples’ Republics”
- Gergely Tóth, Legal Challenges in Hybrid Warfare Theory and Practice: Is There a Place for Legal Norms at All?
- Olga Butkevych, The Operation of International Treaties and Contracts in the Event of Armed Conflict: Problems Reopened by Russian Aggression Against Ukraine
- Jozef Valuch & Ondrej Hamulak, Cyber Operations During the Conflict in Ukraine and the Role of International Law
- Anastasia Frolova, Foreign Fighters in the Framework of International Armed Conflict Between Russia and Ukraine
- Natalia Krestovska, Children and the Armed Conflict in Eastern Ukraine
- Evhen Tsybulenko & Bogdan Kelichavyi, International Legal Dimensions of the Russian Occupation of Crimea
- Sergii Pakhomenko, Kateryna Tryma & J’moul A. Francis, The Russian–Ukrainian War in Donbas: Historical Memory as an Instrument of Information Warfare
- Sergey Sayapin, An Alleged “Genocide of Russian-Speaking Persons” in Eastern Ukraine: Some Observations on the “Hybrid” Application of International Criminal Law by the Investigative Committee of the Russian Federation
- Gerhard Kemp & Igor Lyubashenko, The Conflict in Ukrainian Donbas: International, Regional and Comparative Perspectives on the Jus Post Bellum Options
- Beatrice Onica Jarka, Triggering the International Criminal Court’s Jurisdiction for Alleged Crimes Committed Across Ukraine, Including in Crimea and Donbas
- Rustam Atadjanov, War Crimes Committed During the Armed Conflict in Ukraine: What Should the ICC Focus On?
- Ioannis P. Tzivaras, Sexual Violence in War-Torn Ukraine: A Challenge for International Criminal Justice
- Katrin Nyman Metcalf, Post-conflict Reconstruction of Trust in the Media
The League of Nations Decentred: Law, Crises and Legacies
Conveners: Luís Bogliolo, Kathryn Greenman, Anne Orford, and Ntina Tzouvala.
Confirmed Keynote Speaker: Professor Balakrishnan Rajagopal (Department of Urban Studies and Planning, Massachusetts Institute of Technology)
Almost a hundred years after the creation of the League of Nations, it is still commonly remembered as a failure in a period of chaos and disorder. Recently, however, a growing literature has begun a reappraisal of this historiography, looking at the role of the League of Nations beyond its frustrations and disillusionments in collective security. This new surge of critical studies has led to a more complex and multifaceted understanding of the League, exploring its legacies and impacts at a time of renewed economic crises and of deepening conflicting visions of international order. In the centenary of its foundation, we are taking this further by looking at the League of Nations with a view from the South. Our aim is to decentre the League and to explore competing visions of international order, law and institutions that resonate in our contemporary world.
This conference will bring together scholars working in law, history, international relations, and political theory to think critically about the League of Nations, law, institutions, practices, ideologies and technologies in relation to or with a view from the South. Paper proposals related to the conference theme are now invited. Possible topics for papers include:
The League of Nations and the regulation of international violence
Sovereignty, empires, and the shifting boundaries of international authority
Intervention (military, economic, political) in the context of the League
Anti-colonialism, the rise of transnational social movements (socialism, feminism, national liberation)
Competing internationalisms and visions of international order
The rise of fascism and Nazism
Petitioning, oversight, publicity and new arenas of international politics
Humanitarianism, humanitarian assistance and governance
Adjudication, arbitration, and the Permanent Court of International Justice
The relationship between the League of Nations and contemporary or succeeding international institutions
The Mandates system
Indigenous peoples and the League of Nations
Codification and the role of international law
Major crises of the League of Nations (eg Ethiopia, Manchuria)
Economic and social regulation and authority
Abstracts of no more than 350 words should be submitted to Dr Ntina Tzouvala (email@example.com) by the 30th of November 2018.
- Arctic Sunrise Arbitration (Netherlands/Russia) (Award on Compensation) (Perm. Ct. Arb.), with introductory note by Theodore Kill
- Menci & Garlsson Real Estate SA and Others v. Commissione Nazionale per le Società e la Borsa (Consob) & Joined Cases Di Puma v. Consob and Consob v. Zecca (CJEU), with introductory note by Anita Clifford
- Rubin v. Islamic Republic of Iran (U.S. Sup. Ct.), with introductory note by Gabrielle Goodwin
- Jesner v. Arab Bank (U.S. Sup. Ct.), with introductory note by Laura Conn
- R (on the application of Bancoult No 3) v. Secretary of State for Foreign and Commonwealth Affairs (U.K. Sup. Ct.), with introductory note by Stephen Allen
- SVIR-Tagung 2017
- Markus Muller-Chen, Update zu den drei Revisionen des IPRG: Schiedsgerichts-Barkeit, Insolvenzrecht, Erbrecht
- Andrea Bonomi, Die Geplante Revision des Schweizerischen Internationalen Erbrechts: Erweiterte Gestaltungsmoglichkeiten und Koordination mit der Europaischen Erbrechtsverordnung
- Gian Paolo Romano, Successions Internationales et (Semi-) loi Federale sur le Droit International Prive: Quelques Defis
- Marco Stacher & Christian Oetiker, Kernpunkte der Revision des 12: Kapitels des IPRG
From home mortgages to i-phones, basic elements of our daily lives depend on international economic markets. The astonishing complexity of these exchanges may seem ungoverned.
Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, economic governance increasingly relies on a different class of international market regulation - soft law - comprised of voluntary standards, best practices, and recommended guidance created by a motley assortment of international organizations.
Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law's potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms - legitimacy claims and arena expansion - the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance.
Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms towards international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, this volume answers enduring and pressing questions about global finance, International Relations, and power.
Tuesday, September 25, 2018
- Mario Gervasi, The European Court of Human Rights and Technological Development: The Issue of the Continuity of the Family Status Established Abroad Through Recourse to Surrogate Motherhood
- Gustavo Minervini, Il contributo dell’ICTY alla definizione del crimine di genocidio: in margine al caso Mladić
- Mario Odoni, Degrado ambientale prodotto da esercitazioni militari tra interessi individuali e sicurezza nazionale alla luce del principio di non discriminazione
- Universality of Human Rights and Cultural Pluralism
- Francesco Francioni, Introduction. Human Rights and Cultural Pluralism: What Role for International Law?
- Anita Budziszewska, The Right to Culture in International Law
- Siegfried Wiessner, Human Rights and Cultural Identity: The Case of Indigenous Peoples
- Alexandra Xanthaki, Women’s Rights v. Cultural Rights: The Indigenous Woman
- Sara De Vido, The Prohibition of Violence Against Women as Customary International Law? Remarks on the CEDAW General Recommendation No. 35
- Annamaria Viterbo, Immunità dalla giurisdizione della Banca mondiale e diritto di accesso al giudice
- Alberto Miglio, Indipendenza del giudice, crisi dello stato di diritto e tutela giurisdizionale effettiva negli Stati membri dell’Unione europea
- Alessandro Rosanò, Il caso Celmer dinanzi all’Alta Corte d’Irlanda: il ‘test’ Aranyosi e Căldăraru e il diritto a un processo equo
- Francesca De Vittor, Soccorso in mare e favoreggiamento dell’immigrazione irregolare: sequestro e dissequestro della nave Open Arms
This Article engages with some of the key debates that have emerged among international law and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court’s docket. It makes three principal contributions. First, it explains how the recent decisions involving judicial jurisdiction should be understood within, and partly limited to, their international contexts. Disputes involving nonresident foreign defendants raise different considerations than those involving defendants in the United States, and this Article canvasses those differences. If a concern previously was that courts gave too short shrift to the international aspects of a case, the concern now is that lower courts may make the reverse mistake by overstating the applicability of recent decisions to the domestic, interstate context. Second, it details how international law imposes modest constraints on national court adjudicatory authority, and pushes back on recent attempts to re-imagine public international law. It shows how the Fourth Restatement of the Foreign Relations Law of the United States — which states that judicial jurisdiction in civil cases is unregulated under international law — advances a position inconsistent with the overwhelming weight of authority. The Restatement’s attempt to fashion new customary law and reshape the existing legal regime in the judicial jurisdiction arena is problematic, and this Article serves as a counterpoint to that effort. Third, it describes an interplay between unilateral domestic extraterritorial regulation and international lawmaking, and aligns judicial jurisdiction with the closely-related area of legislative jurisdiction. Constraints on broad jurisdictional assertions in transnational disputes may be one of the predicates necessary to spur U.S. multilateral engagement.
Secret Wars is the first book to systematically analyze the ways powerful states covertly participate in foreign wars, showing a recurring pattern of such behavior stretching from World War I to U.S.-occupied Iraq. Investigating what governments keep secret during wars and why, Austin Carson argues that leaders maintain the secrecy of state involvement as a response to the persistent concern of limiting war. Keeping interventions “backstage” helps control escalation dynamics, insulating leaders from domestic pressures while communicating their interest in keeping a war contained.
Carson shows that covert interventions can help control escalation, but they are almost always detected by other major powers. However, the shared value of limiting war can lead adversaries to keep secret the interventions they detect, as when American leaders concealed clashes with Soviet pilots during the Korean War. Escalation concerns can also cause leaders to ignore covert interventions that have become an open secret. From Nazi Germany’s role in the Spanish Civil War to American covert operations during the Vietnam War, Carson presents new insights about some of the most influential conflicts of the twentieth century.
Parting the curtain on the secret side of modern war, Secret Wars provides important lessons about how rival state powers collude and compete, and the ways in which they avoid outright military confrontations.
Burci & Quirinan: Implementation of the International Health Regulations (2005): Recent Developments at the World Health Organization
- Engaging Ethnographic Peace Research, Edited by Gearoid Millar
- Gearoid Millar, Engaging Ethnographic Peace Research: Exploring an Approach
- Timothy Williams, Visiting the Tiger Zone – Methodological, Conceptual and Ethical Challenges of Ethnographic Research on Perpetrators
- Anne Hennings, With Soymilk to the Khmer Rouge: Challenges of Researching Ex-combatants in Post-war Contexts
- Gearoid Millar, Ethnographic Peace Research: The Underappreciated Benefits of Long-term Fieldwork
- Nerve Valerio Macaspac, Suspicion and Ethnographic Peace Research (Notes from a Local Researcher)
- Philipp Lottholz, Critiquing Anthropological Imagination in Peace and Conflict Studies: From Empiricist Positivism to a Dialogical Approach in Ethnographic Peace Research
- Luka Groselj, Stay of arbitration proceedings – Some examples from arbitral practice
- Michael W. Bühler & Anne-Sophie Gidoin, L’« étape préalable » dans le nouveau droit de l’arbitrage et de la médiation OHADA
- Harshad Pathak, India’s Tryst with Non-Signatories to an Arbitration Agreement in Composite Economic Transactions
- Hui Wang, Multidimensional Thinking about the ‘Soft Laws’ Phenomena in International Commercial Arbitration: A Chinese Perspective
Monday, September 24, 2018
- Monique Hazelhorst, Mutual Trust Under Pressure: Civil Justice Cooperation in the EU and the Rule of Law
- Tine Van Hof & Thalia Kruger, Separation from the Abducting Parent and the Best Interests of the Child: A Comparative Analysis of Case Law in Belgium, France and Switzerland
- Paul David Mora, Universal Civil Jurisdiction and Forum Necessitatis: The Confusion of Public and Private International Law in Naït-Liman v. Switzerland
- Ottavio Quirico, Climate Change and State Responsibility for Human Rights Violations: Causation and Imputation
- Nigel D. White, Mary E. Footer, Kerry Senior, Mark van Dorp, Vincent Kiezebrink, Y. Wasi Gede Puraka, & Ayudya Fajri Anzas, Blurring Public and Private Security in Indonesia: Corporate Interests and Human Rights in a Fragile Environment
Call for Papers: Cynical International Law? Abuse and Circumvention in Public and Private International Law as well as European Law
- October 5, 2018: Shaheed Fatima (Blackstone Chambers), Protecting Children in Armed Conflict
- October 12, 2018: Catherine Brölmann (Univ. of Amsterdam), Speaking law to power: the UN and the vertical and the horizontal dimension of the international rule of law
- October 19, 2018: Marc Weller (Univ. of Cambridge), Self-determination after Kosovo and Catalonia
- October 26, 2018: Lloyd Jones (Justice, Supreme Court of the United Kingdom), Foreign Affairs and Domestic Courts
- November 2, 2018: Sarah Williams (Univ. of New South Wales), The Amicus Curiae mechanism at the International Criminal Court
- November 9, 2018: Annabel Brett (Univ. of Cambridge), Law, politics and moral reasoning in Hugo Grotius's The law of war and peace (1625)
- November 16, 2018: Frank Berman (Essex Court Chambers), Authority in International Law
- November 23, 2018: Ayça Çubukçu (London School of Economics and Political Science), Thinking Against Humanity
- Novmeber 30, 2018: International Law in an Era of Nationalism: A Round Table Discussion, with John Dugard (Doughty Street Chambers), Christopher Greenwood (formerly, Judge, International Court of Justice), Catherine Barnard (Univ. of Cambridge), and Lorand Bartels (Univ. of Cambridge)
- Patricia Owens, Women and the History of International Thought
- Luca Mavelli, Citizenship for Sale and the Neoliberal Political Economy of Belonging
- Quan Li, Erica Owen & Austin Mitchell, Why Do Democracies Attract More or Less Foreign Direct Investment? A Metaregression Analysis
- Raj M Desai & Homi Kharas, What Motivates Private Foreign Aid? Evidence from Internet-Based Microlending
- Stephen C Nelson & David A Steinberg, Default Positions: What Shapes Public Attitudes about International Debt Disputes?
- Boris Sokolov, Ronald F Inglehart, Eduard Ponarin, Irina Vartanova, & William Zimmerman, Disillusionment and Anti-Americanism in Russia: From Pro-American to Anti-American Attitudes, 1993–2009
- Scott D Sagan & Benjamin A Valentino, Not Just a War Theory: American Public Opinion on Ethics in Combat
- Kevin L Young & Charli Carpenter, Does Science Fiction Affect Political Fact? Yes and No: A Survey Experiment on “Killer Robots”
- Marina G Duque, Recognizing International Status: A Relational Approach
- Steven E Lobell, A Granular Theory of Balancing
- Muhammet A Bas & Andrew J Coe, Give Peace a (Second) Chance: A Theory of Nonproliferation Deals
- Sabrina Karim, Michael J Gilligan, Robert Blair, & Kyle Beardsley, International Gender Balancing Reforms in Postconflict Countries: Lab-in-the-Field Evidence from the Liberian National Police
- Rebekka Friedman, Remnants of a Checkered Past: Female LTTE and Social Reintegration in Post-War Sri Lanka
- Sam R Bell, Michael E Flynn, & Carla Martinez Machain, U.N. Peacekeeping Forces and the Demand for Sex Trafficking
- Aila M Matanock, External Engagement: Explaining the Spread of Electoral Participation Provisions in Civil Conflict Settlements
- Melissa Carlson, Laura Jakli, & Katerina Linos, Rumors and Refugees: How Government-Created Information Vacuums Undermine Effective Crisis Management
- James A Piazza & Seung-Whan Choi, International Military Interventions and Transnational Terrorist Backlash
- Bryce W Reeder, The Political Geography of Rebellion: Using Event Data to Identify Insurgent Territory, Preferences, and Relocation Patterns
Routledge Cultural Heritage in International Law Book Series
Call for Book Proposals International cultural law is a rapidly developing and extremely diverse field of study. Many lawyers are developing an interest in the field and many non-lawyers are starting to show interest in the law that affects their own areas of specialization. The interest in the subject area has been rising over the past two decades globally, as these issues affect every jurisdiction.
This book series welcomes proposals for monographs and edited collections that focus on cultural heritage and international law. It particularly welcomes proposals including interdisciplinary topics or adopting interdisciplinary approaches. It aims at publishing original, sound, and cutting edge works on emerging topics of worldwide relevance by both junior and senior scholars.
The primary users of the book series will be international law scholars, students and practitioners, as well academics and policy makers across public and private institutions. Scholars and students studying other disciplines such as art history, archaeology, war studies, museum studies and heritage studies would also be interested in the series.
The selection of books for the book series occurs through double blind peer review on the basis of their academic quality.
For preliminary expression of interest, or for submitting book proposals, please feel free to contact Professor Valentina Vadi (firstname.lastname@example.org). For information on book proposals, see here.
Sunday, September 23, 2018
The purpose of this analysis is to explore the influence of the concept of animal welfare on international biodiversity law. A close examination of the recent evolution of this branch of international law shows that animal welfare has an ambivalent place in biodiversity-related agreements. Indeed, while welfare is only a faint consideration in the development of international regimes dealing with biodiversity as a whole, the concept has become an essential element for agreements dealing with the conservation of specific endangered species. Despite its role in these agreements, the place of animal welfare in international biodiversity law highlights that this corpus of rules is currently insufficient to be an effective tool for the protection of wildlife welfare. The last section of this study suggests that the adoption of international rules aiming at ensuring the protection of wild animals’ welfare could serve the double purpose of strengthening the conservation purpose of biodiversity regimes while also filling the welfare gap of international biodiversity law.
- Steven van Hoogstraten, Introduction
- Abdulqawi Ahmed Yusuf, Compulsory Jurisdiction of the Court under the Optional Clause
- Yves Daudet, The Hague Academy of International Law and the Development of the Settlement of Disputes as a Global Mechanism
- Niels Blokker, The Constitutional Role of the ICJ within the UN System
- Jeroen Vervliet, Mediation as an Alternative for International Dispute Settlement
- François Roux, Vers une nouvelle philosophie pour la justice pénale internationale
- Alphons M. M. Orie, What Is There to Find for a Criminal Lawyer in the Peace Palace ?
- Serge Vlaar, The PCA, the Hague Courts and the Yukos case
- Willem van Genugten, The Universalization of Human Rights
- Nico Schrijver, Global Protection of Human Rights. Who Can See the Wood for the Trees ?
- Carsten Stahn, ICTY and the New Law on Genocide
- Steven van Hoogstraten, The Peace Palace and New Challenges to Peace Diplomacy
- Philippe Couvreur, Le Palais de la Paix, la CIJ et la Fondation Carnegie
- Steven van Hoogstraten, The Right to Food, a Standard for Civilization ?
- Steven van Hoogstraten, Closing Statement
The recently relaunched International Trade Law & Regulation is currently accepting articles (usually 3,500-8,000 words in length) and Comment pieces of 2,000-3,000 words.
The journal aims to publish cutting edge research on any topic of international economic law, international financial law, international trade law and international investment law. Any submission is subject to double bind peer review.
For any further query or for submitting a contribution, please contact Eleanor.Loutzenhiser@hotmail.co.uk
Heffes: Some Reflections on the Theory of Sources of International Law: Reexamining Customary International Law
This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reﬂected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various ﬁelds, such as: What is customary international law and why is it law? Is it law because it reﬂects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element deﬁnition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.