- Special Issue: Nationality and International Law
- Kristin Henrard, The Shifting Parameters of Nationality
- David Owen, On the Right to Have Nationality Rights: Statelessness, Citizenship and Human Rights
- Gerard-René de Groot & Olivier Vonk, Acquisition of Nationality by Birth on a Particular Territory or Establishment of Parentage: Global Trends Regarding Ius Sanguinis and Ius Soli
- Iseult Honohan & Nathalie Rougier, Global Birthright Citizenship Laws: How Inclusive?
- Anna Sabrina Wollmann, Recent Trends in Nationality Requirements in Olympic Sports
- Patrick Wautelet, The Next Frontier: Dual Nationality as a Multi-layered Concept
- Laura van Waas & Sangita Jaghai, All Citizens are Created Equal, but Some are More Equal Than Others
- Helen Oosterom-Staples, The Triangular Relationship Between Nationality, EU Citizenship and Migration in EU Law: A Tale of Competing Competences
- Eileen Denza, Nationality and Diplomatic Protection
- A. V. M. Struycken, State Nationality and Religious Family Law: Some Notes
- Rainer Bauböck, Epilogue: International Norms for Nationality: An Elusive Goal?
Saturday, December 8, 2018
Friday, December 7, 2018
Thursday, December 6, 2018
Call for Papers: Sound Science-Based Regulation in the Post-Truth Era: Domestic and International Rule of Law Under Fire
12th Annual Toronto Group Conference
The Toronto Group Conference connects graduate students and emerging scholars from across the globe. This year’s 12th annual Toronto Group Conference will bring together researchers and scholars of international, transnational and comparative law to examine the modes and forms of resistance to international law and the global legal order from various perspectives and using a variety of different approaches. We invite submissions addressing the topic from a broad range of perspectives, looking for example at economic globalization, global/generic constitutionalism, resistance to the establishment of global legal standards and institutions, or contributions dealing with the rise of new transnational actors.
Questions the Conference might address include, but are not limited to, the following:
- Where and when is resistance to international law and the global legal order taking place? Who is resisting? How, why and in what forms does resistance occur?
- Is there a broader context framing expressions of resistance or is it an isolated phenomenon? In particular, how might the rise of neo-nationalist and populist movements shape broader global discussions about the ongoing role of
- How do seemingly predominant narratives relate to alternative narratives emerging in particular from the Global South?
- How do domestic constitutional and sub-constitutional responses to transnational actors and the mutations of the global legal order differ?
The Conference aims at creating a space where early career scholars can receive feedback on their research, so each applicant selected to present will be assigned a faculty member discussant of the participating institutions.
Submission of Paper Proposals
The Organizing Committee welcomes abstract submissions that address the theme above or other related emerging issues. Interdisciplinary contributions integrating the insights of, for example, sociology, anthropology, economics or history are encouraged. Applicants are invited to send an abstract of 500 words outlining their main arguments and methodology and a short bio of 100 words by December 14, 2018.
Proposals will be evaluated based on their relevance to the theme, the interest they present in relation to other proposals, and their overall quality. Applicants will be notified of results by mid-January 2019. Selected applicants are expected to submit completed papers in early March 2019.
Questions and abstracts should be sent to: firstname.lastname@example.org.
The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.
Wednesday, December 5, 2018
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others.
Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
Shaffer: A Tragedy in the Making?: The Decline of Law and the Return of Power in International Trade Relations
It is the end of an era—potentially the close of a semblance of the rule of law in international trade relations. This article assesses the U.S. challenge to the Appellate Body and binding dispute settlement system of the World Trade Organization. Part I examines the decline of law and return of power in international trade relations. Part II explains the rationales behind the U.S. challenge to the WTO judiciary in terms of domestic politics, the rise of China, and concerns over a fundamental imbalance between WTO political and judicial processes. Part III analyzes the potential and most likely future of WTO dispute settlement—either (1) the replacement of the Appellate Body with member agreement to binding dispute settlement, potentially with ad hoc appeals, on only a reciprocity basis, thus potentially excluding the United States; or (2) reversion to the former GATT system where parties can effectively veto the adoption of a panel report. For over two decades, the Appellate Body operated as an authoritative, quasi-constitutional, international court to resolve conflicts and develop jurisprudence. In retrospect, it was a remarkable experiment in international relations. The United States and the world may soon regret its demise.
Call for Papers: Spatio-Temporal Dimensions of Sovereignty in International Law: A Critical Appraisal
Tuesday, December 4, 2018
Ridi: 'Mirages of an intellectual dreamland’? Ratio, obiter, and the textualization of international precedent
In recent years, various actors—states, judges, and commentators alike—have taken issue with the way international adjudicators have approached precedent. Criticism has been levelled, in particular, to the phenomenon of ‘obiter dicta’ (observations that, though not necessary for the decision, are nonetheless included in it), which have been found to amount to a symptom of bad decision-making or, from the perspective of the adjudicator using them, bad precedent-following. This article addresses this debate by resituating the issue within a more grounded discussion of the theory of precedent in international adjudication, providing an in-depth theoretical and empirical analysis of the practice, and seeks to frame it within in the broader phenomenon of ‘textualization’. By doing so, it strives to clarify the use, authority, and ultimate function of obiter dicta, as well as of precedent in general, in international adjudication.
Call for Papers: China International Business and Economic Law: Technological Change and the Future of International Economic Legal Order: China and beyond
Rachovitsa: On New “Judicial Animals”: The Curious Case of an African Court with Material Jurisdiction of a Global Scope
The paper aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights (‘Court’). The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. The Court’s jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. The article discusses the case law of the Court since 2013, when the Court started functioning, and it argues that these concerns are over-emphasised. The analysis underlines the shifting authority of specialised and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced.
Peleg: Illusion of inclusion: challenging universalistic conceptions in international children’s rights law
This paper examines the nexus between two allegedly contesting objectives of international children’s rights law: protection and empowerment. It focuses on child labour movements as a case study to examine this tension. The paper shows that when children make demands that exceed imaginary boundaries of protection, their voices are dismissed on the basis of immaturity. Therefore, the paper argues that the failure of international children’s rights law to acknowledge the ways in which childhood can unfold in more than one way results in the dominance of paternalistic approaches to children’s agency. These approaches inherently limit this body of law from providing comprehensive rights protection for every child.
- Tania Voon, Christine Parker, & Paula O'Brien, Law and Non-Communicable Diseases: International and Domestic Regulation of Food and Alcohol Special Issue - Editorial
- Christine Parker & Hope Nadine Johnson, Sustainable Healthy Food Choices: The Promise of ‘Holistic’ Dietary Guidelines as a National and International Policy Springboard
- Tania Voon & Hope Nadine Johnson, Sustainable Healthy Food Choices: Dietary Guidelines and International Economic Law
- Belinda Reeve, Regulation of Alcohol Advertising in Australia: Does the Abac Scheme Adequately Protect Young People from Marketing of Alcoholic Beverages?
- Suzanne You Zhou, Managing Fragmentation between International Trade and Investment Law and Global Priorities for Noncommunicable Disease Prevention in Food and Alcohol
- Paula O'Brien & Andrew D Mitchell, On the Bottle: Health Information, Alcohol Labelling and the WTO Technical Barriers to Trade Agreement
- Jenny Claire Kaldor, Food Reformulation for NCD-Prevention: Regulatory Options and Potential Barriers
- Anita Anna George, An Unwelcome Seat at the Table: The Role of Big Food in Public and Private Standard-Setting and its Implications for NCD Regulation
The International Court of Justice (ICJ) can decide cases either according to the sources of international law (the law route) or—if the parties so choose—according to justice, "ex aequo et bono" (the justice route). The ICJ has never issued a judgment in the justice route, which indicates that no pair of parties simultaneously agreed to choose that option. This raises two questions: (1) Why do parties never choose the justice route? (2) Does the justice route serve any purpose despite its disuse? The paper suggests that the existence of the justice route does help the ICJ to promote the peaceful settlement of disputes. The justice route can serve a screening function: a party that chooses the justice route signals to the other party the weakness of its case and thus indicates that it is likely to accept a low settlement offer. These parties will settle out of court, which explains the lack of judgments in the justice route. When parties decide to choose the law route, they also signal their loyalty to international law and thus improve their international reputation. Finally, the presence of the justice route helps frame the law route as more legally constrained. It thus helps the ICJ to project that it applies the law instead of making policy.
The Global Pact for the Environment has been proposed as an overarching framework for international environmental law, which would solidify and advance this regime in light of pressing challenges and the demands of the UN Sustainable Development Goals. By codifying principles in legally binding form, the Global Pact has attracted high expectations that it can bridge normative gaps in international environmental law and environment-related instruments, such as trade and investment agreements. The present article scrutinizes this prospect by treating the management of freshwater as a case study for the Global Pact’s potential success. The article first identifies key interplays between sources of international water law and rules governing international economic law. It then indicates how the Global Pact might effectively minimize or resolve lacunae in the convergence of these regimes without undermining existing instruments and frameworks. The author concludes that the proposed form of the Global Pact is a promising means to clarify normative interactions between freshwater management and international trade and investment, while accelerating and broadening the implementation of environmental principles within these domains.
- J. P. B. Bidias à Mbassa, La MINUSMA et le recours à la force dans la lutte contre le terrorisme : hirondelle du printemps ou boît e de Pandore ?
- S. Mouhouain, Brèves réflexions à propos de l’usage du terme « investisseur » dans l’Acte uniforme OHADA portant droit des sociétés commerciales
- W. Tadjudje, Renforcer le financement des entreprises par l’appel public à l’épargne en Afrique : les enseignements de l’expérience belge
- Y.B. Maré, La compensation en droit OHADA des entreprises en difficulté : certitudes et zones d’ombre
- T. Ondo, Réflexions sur le contentieux électoral au Gabon
- L.J.B. Tchouambia Tomtom, La vie privée du débiteur soumis à une procédure de liquidation des biens en droit OHADA existe-elle encore ?
- Richard Beardsworth, Our political moment: political responsibility and leadership in a globalized, fragmented age
- Elizaveta Gaufman, The Trump carnival: popular appeal in the age of misinformation
- Scott Watson & Regan Burles, Regulating NGO funding: securitizing the political
- Vladimir Rauta, A structural-relational analysis of party dynamics in proxy wars
- Xavier Mathieu, The dynamics of ‘civilised’ sovereignty: colonial frontiers and performative discourses of civilisation and savagery
- Rory Cox, Historicizing waterboarding as a severe torture norm
Der Beitrag erläutert die Beschwerdeverfahren beim Europäischen Menschenrechtsgerichtshof (EGMR). Er nennt die Zulässigkeitsvoraussetzungen für Individualbeschwerden (Abschnitt B.I) und für Staatenbeschwerden (Abschnitt B.II). Unter der Überschrift der Vereinbarkeit ratione loci skizziert er die Eckpunkte der extraterritorialen Anwendung der EMRK (Abschnitt B.I.3). Der Beitrag erklärt den normalen Verfahrensablauf (Abschnitt B.III), das Gutachtenverfahren (Abschnitt B.IV) und vorläufige Maßnahmen (Abschnitt B.V). Abschnitt B.VI behandelt den Inhalt und die Wirkung von Urteilen. Dies umfasst die Zuerkennung einer gerechten Entschädigung sowie allgemeine und spezifische positive Maßnahmen neben der Feststellung einer Konventionsverletzung. Die Wirkungen von Urteilen auf der Ebene des Völkerrechts und im deutschen Recht werden analysiert. Abschnitt B. VII erklärt die Umsetzung von Urteilen. Abschnitt C blickt auf die mögliche zukünftige Entwicklung des Konventionssystems, einschließlich des gegenwärtig stagnierenden Beitritts der EU zur EMRK und des Verhältnisses zwischen dem Gericht und den Mitgliedstaaten.
The paper explains the complaint procedures at the European Court of Human rights (ECtHR). It sets out the admissibility criteria for individual complaints (sec. B.I) and state complaints (sec. B.II). Under the heading of compatibility ratione loci it also sketches out the parameters of the extraterritorial application of the ECHR (sec. B.I.3). The paper explains the normal course of proceedings (sec. B. III), advisory opinions (sec B.IV) and provisional measures (sec. B.V). Sec. B.VI explains the contents and effects of judgments. This encompasses the awards of just satisfaction and general and specific positive measures besides the finding of a violation. The effects of judgments are analysed on the level of international law and in German law. Sec. B.VII analyses the implementation of judgments. Sec. C. gives an outlook on the possible future development of the convention system, including the currently stalled accession of the EU to the ECHR and the evolution of the relationship between the Court system and the Member States.
- Special Issue: The Politics of International Criminal Law
- Holly Cullen, Philipp Kastner & Sean Richmond, Introduction: The Politics of International Criminal Law
- Alexander Heinze, Bridge over Troubled Water – A Semantic Approach to Purposes and Goals in International Criminal Justice
- Emma Lauren Palmer, Constructing International Criminal Justice across Time and Space
- Shannon Fyfe, The Office of the Prosecutor: Seeking Justice or Serving Global Imperialism?
- Daniel M. Mburu, The Lost Kenyan Duel: The Role of Politics in the Collapse of the International Criminal Court Cases against Ruto and Kenyatta
- Lara Pratt, Prosecution for the Destruction of Cultural Property – Significance of the al Mahdi Trial
- Alexis Demirdjian, A Moving Defence: The Turkish State and the Armenian Genocide
- H Ron Davidson, The Law of Voting and the Voting For Law
- Markus Eikel, ‘Germany’s Global Responsibility’ and the Creation of the International Criminal Court, 1993–1998
- Anushka Sehmi, ‘Now that we have no voice, what will happen to us?’: Experiences of Victim Participation in the Kenyatta Case
- Cases Before International Courts and Tribunals
- Rosemary Grey & Sara Wharton, Lifting the Curtain: Opening a Preliminary Examination at the International Criminal Court
- Cóman Kenny, Jurisprudence Continues to Evolve: The ECCC’s Revision of Common Purpose Liability
- Francesca Capone, An Appraisal of the Al Mahdi Order on Reparations and Its Innovative Elements: Redress for Victims of Crimes against Cultural Heritage
Monday, December 3, 2018
- Brigit Toebes, Introduction
- Suerie Moon, Global health law and governance: concepts, tools, actors and power
- John Tobin, Still Getting to Know You: Global Health Law and the right to health
- Therese Murphy, Hardwired human rights: a health and human rights perspective on global health law
- Benn McGrady, Health and international trade law
- Frederick Abbott, Health and intellectual property rights
- Chiara Giorgetti, Health and international investment law
- Makane M. Mbengue & Susanna Waltman, Health and international environmental law
- Annyssa Bellal & Geneva Call, Health and international humanitarian law
- Stefania Negri, Communicable Disease Control
- Sofia Gruskin & Daniel Tarantola, The recognition and evolution of the HIV and human rights interface: 1981-2017
- Suzanne Zhou & Jonathan Liberman, Tobacco control
- Amandine Garde, Global Health Law and Non-Communicable Diseases Prevention: Maximizing Opportunities by Understanding Constraints
- Mette Hartley, Katharina O’Cathaoir & Céline Brassart Olsen, Global Health Law and Obesity: Towards a Complementary Approach of Public Health and Human Rights Law
- Xavier Seuba, Harmonization and standardization in global health
- Gian Luca Burci, Global Health Law: Present and Future
Sunday, December 2, 2018
Lentner: The UN Security Council and the International Criminal Court: The Referral Mechanism in Theory and Practice
Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.