- Special Issue on Populism
- Sandra Destradi & Johannes Plagemann, Populism and International Relations: (Un)predictability, personalisation, and the reinforcement of existing trends in world politics
- Elise Ketelaars, Geographical value spaces and gender norms in post-Maidan Ukraine: the failed ratification of the Istanbul Convention
- Pablo de Orellana & Nicholas Michelsen, Reactionary Internationalism: the philosophy of the New Right
- Bice Maiguashca, Resisting the ‘populist hype’: a feminist critique of a globalising concept
- Faruk Yalvaç & Jonathan Joseph, Understanding populist politics in Turkey: a hegemonic depth approach
- Sarah Kenyon Lischer, Narrating atrocity: Genocide memorials, dark tourism, and the politics of memory
- Marella Bodur Ün, Contesting global gender equality norms: the case of Turkey
- Aula Hariri, State formation as an outcome of the imperial encounter: the case of Iraq
- Simon Mabon, The world is a garden: Nomos, sovereignty, and the (contested) ordering of life
- Aggie Hirst, Play in(g) international theory
Wednesday, November 13, 2019
Tuesday, November 12, 2019
In this paper, I explore how international legal scholarship about war, written at a time of war, ought to read. Can — and should — we demand doctrinal rigor and analytical clarity, while also expecting that scholarship makes us feel something, that it connects us to the author, that it captures the intimacy and emotion that human beings experience in relation to war?
I use two eras of international legal scholarship on war — namely, the Vietnam era and the War on Terror — to illustrate key moments in the field that were typified by very different kinds of writing and the corresponding differences in thinking and feeling. I argue, in part, that — in contradistinction to passion-filled Vietnam-era scholarship — a particularly influential strand of contemporary scholarship on the United States’ War on Terror adopts a view that is aridly technical, acontextual, and ahistorical. In short, it lacks passion. (I use “passion” as a composite term in an attempt to capture diverse facets of a problem that I am attempting to diagnose.)
The Introduction situates this project within broader writing on law and emotions. Part I provides a list of characteristics of what I consider passionate scholarship, using the Vietnam era as an example of that approach. Part II provides a mirrored list of the characteristics of abstract and bloodless scholarship, using the latter part of the War on Terror (2009 onward). The observations compare how scholars of each period contend with the sense of crisis and urgency of their time, the understanding that they (we) were living — and writing — through moments that would be seen as history-changing and law-shifting in the future. Part III examines possible explanations for differences where we ought to see similarities, for absences of scholarly connection where they should be plentiful, and for a seismic shift in the general tone and mood of international legal scholarship on war in less than two generations. Part IV concludes by discussing why we — international lawyers, scholars who feel strongly about war and peace — ought to care about and seek to reverse this shift.
Monday, November 11, 2019
- Si Jin Oh, Resolving the Misunderstood Historical Order: A Korean Perspective on the Historical Tributary Order in East Asia
- Nicolas Carrillo-Santarelli & Carolina Olarte-Bácares, From Swords to Words: the Intersection of Geopolitics and Law, and the Subtle Expansion of International Law in the Consolidation of the Independence of the Latin American Republics
Stoyanova: Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights
This article examines how the common law tort of negligence can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protection in that they protect fundamental interests. However, in the context of the common law certain analytical elements are more thoroughly considered and better articulated. These elements are: the distinction between a duty and a breach of duty; the level of foreseeability of harm; the proximity between the state and the person who has suffered harm; the reasonableness of imposing a duty; the causation between the harm and the alleged omission. Two main arguments emerge from the juxtaposition of the ECHR analysis against the common law. First, by failing to explicitly articulate and distinguish certain analytical elements, the ECHR positive obligation judgments offer little general guidance as to the limits of responsibility. Second, the analytical inquiry applied when adjudicating positive obligations is in tension with the idea of the correlativity between rights and obligations.
- Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2018
- Kris Van Nijen, Steven Van Passel, Chris G. Brown, Michael W. Lodge, Kathleen Segerson & Dale Squires, The Development of a Payment Regime for Deep Sea Mining Activities in the Area through Stakeholder Participation
- Günther Handl, Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law
- Gabriela A. Oanta, Spain’s Action to Control and Suppress Illegal, Unreported and Unregulated Fishing: Current Status and Future Prospects
- Daria Shapovalova-Krout, International Governance of Oil Spills from Upstream Petroleum Activities in the Arctic: Response over Prevention?
- Erika J. Techera, Protected Area Law in Seychelles: Legal Complexity in a Micro-jurisdiction
- Quentin Hanich, Ruth Davis, Glen Holmes, Elizabeth-Rose Amidjogbe and Brooke Campbell, Drifting Fish Aggregating Devices (FADs)
- M. Bob Kao, Assessing Maritime Piracy in American Law: A Century-old Punishment for an Evolving Crime
- Stuart Kaye, Assessing the Impact of the South China Sea Arbitration on Small Island States: A Case Study of Kiribati
- Nicola Ferri & Nilüfer Oral, The Sofia Ministerial Declaration on Black Sea Fisheries and Aquaculture
Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.
Friday, November 8, 2019
- Bretton Woods Forum
- Orfeo Fioretos & Eugénia C. Heldt, Legacies and innovations in global economic governance since Bretton Woods
- Eric Helleiner, The life and times of embedded liberalism: legacies and innovations since Bretton Woods
- Orfeo Fioretos, Minilateralism and informality in international monetary cooperation
- Eugénia C. Heldt & Henning Schmidtke, Explaining coherence in international regime complexes: How the World Bank shapes the field of multilateral development finance
- Original Articles
- Susanne Lütz, Sven Hilgers & Sebastian Schneider, Accountants, Europeanists and Monetary Guardians: bureaucratic cultures and conflicts in IMF-EU lending programs
- Ben Clift, Contingent Keynesianism: the IMF’s model answer to the post-crash fiscal policy efficacy question in advanced economies
- Emanuele Ferragina, The political economy of family policy expansion
- Lena Maria Schaffer & Gabriele Spilker, Self-interest versus sociotropic considerations: an information-based perspective to understanding individuals’ trade preferences
- Amy Reynolds, Evaluating trade policies: the political engagement of religious actors in Costa Rica, Canada, and the United States
- Antulio Rosales, Radical rentierism: gold mining, cryptocurrency and commodity collateralization in Venezuela
- Jacob a. Hasselbalch, Framing brain drain: between solidarity and skills in European labor mobility
- Felix Mantz, Decolonizing the IPE syllabus: Eurocentrism and the coloniality of knowledge in International Political Economy
Conference: The well-being of the inhabitants of occupied territories : limiting or gutting the duty of non-recognition?
- The Return of Pacifism to IR
- Richard Jackson, Griffin Leonard, Aidan Gnoth, Joseph Llewellyn & Tonga Karena, Introduction: The Return of Pacifism to IR
- Olivia Reeves O’Toole, The Subjugation of Pacifism in UK Parliamentary Discourse: Analysing the 2015 Debate on Bombing Syria
- Maija Jespersen, Challenging Hobbes: Is War Inevitable?
- Caleb Day, How Martin Luther King, Jr’s Pacifist Liberation Theology Makes Reinhold Niebuhr’s Political Realism Possible
- M. S. Wallace, Wrestling with Another Human Being: The Merits of a Messy, Power-Laden Pacifism
- Jeremy Moses, Why Humanitarianism Needs a Pacifist Ethos
- Hala Bassel, Acts of Truth Telling and Testimony in the Conceptualisation of Reparations in Post-conflict Peru
- Rachel Julian, The Transformative Impact of Unarmed Civilian Peacekeeping
- Kieran Ford, A Pacifist Approach to Countering Extremism
- Michael Loadenthal, Now That Was A Riot!: Social Control in Felonious Times
- Melissa Perry, Kirby Lecture in International Law 2018: The Duality of Water: Conflict or Co-operation
- Ben Huntley, Amelia Telec & Justin Whyatt, The Timor Sea Treaty: An Australian Perspective
- Elizabeth Exposto, The Timor Sea Conciliation and Treaty: Timor-Leste’s Perspective
- Rebecca Strating, A ‘New Chapter’ in Australia–Timor Bilateral Relations? Assessing the Politics of the Timor Sea Maritime Boundary Treaty
- Yoshifumi Tanaka, Maritime Boundary Delimitation by Conciliation
- Jean Allain, Slavery and Its Obligations Erga Omnes
- Jennifer Daphne Lim, Social Protection as Dialogue in Transnational Legal Ordering
- Annemarie Devereux, Australia’s Journey to Ratification of the ICESCR and ICCPR
- Melanie K Saunders, Mining on Celestial Bodies: The Equitable Distribution of Benefits Doctrine and Distributive Justice
- Dov Jacobs & Joseph Powderly, On the Impact of Online Commentary in International Criminal Law: A Vain Pursuit of a Socratic Ideal?
- International Legal Theory
- Sarah Mason-Case, On being companions and strangers: Lawyers and the production of international climate law
- International Law and Practice
- Fernando Lusa Bordin, General international law in the relations between international organizations and their members
- Sabaa Ahmad Khan, Rebalancing state and Indigenous sovereignties in international law: An Arctic lens on trajectories for global governance
- Sophia Kopela, Historic fishing rights in the law of the sea and Brexit
- Violeta Moreno-Lax, Daniel Ghezelbash, & Natalie Klein, Between life, security and rights: Framing the interdiction of ‘boat migrants’ in the Central Mediterranean and Australia
- Elisabeth Schweiger, ‘Targeted killing’ and the lack of acquiescence
- Tara Smith, Critical perspectives on environmental protection in non-international armed conflict: Developing the principles of distinction, proportionality and necessity
- Joanna Lam & Güneş Ünüvar, Transparency and participatory aspects of investor-state dispute settlement in the EU ‘new wave’ trade agreements
- International Criminal Courts and Tribunals
- Amanda Alexander, New histories and new laws: Crimes against humanity at the International Criminal Tribunal for Rwanda
- Gabriele Chlevickaite, Barbora Hola, & Catrien Bijleveld, Thousands on the stand: Exploring trends and patterns of international witnesses
- Emma Irving, The Other Side of the Article 21(3) Coin: Human Rights in the Rome Statute and the Limits of Article 21(3)
- Barrie Sander, The Expressive Turn of International Criminal Justice: A Field in Search of Meaning
In just a few short years, the Khmer Rouge presided over one of the twentieth century’s cruelest reigns of terror. Since its 1979 overthrow, there have been several attempts to hold the perpetrators accountable, from a People’s Revolutionary Tribunal shortly afterward through the early 2000s Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal. Extraordinary Justice offers a definitive account of the quest for justice in Cambodia that uses this history to develop a theoretical framework for understanding the interaction between law and politics in war crimes tribunals.
Craig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake. Etcheson argues that the concepts of legality that hold sway in such tribunals should be understood in terms of their orientation toward politics, both in the Khmer Rouge Tribunal and generally. A magisterial chronicle of the inner workings of postconflict justice, Extraordinary Justice challenges understandings of the relationship between politics and the law, with important implications for the future of attempts to seek accountability for crimes against humanity.
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.
As international organisations gain greater power to monitor and manage the domestic affairs of their member states, the relationship between state sovereignty and international intervention becomes increasingly fraught. This book examines international rule-making in the Global South, tracing how the status of state sovereignty has evolved since decolonization. Coe argues that regional organizations flout the former norm of non-interference, becoming involved in the domestic affairs of their member states in Africa, Latin America, and (to a much lesser extent) Southeast Asia. In the name of democracy, human rights, and security, regional organizations increasingly assume jurisdiction over once off-limits domestic matters: they monitor elections and human rights and they respond to intrastate crises with mediation, fact-finding and sanctions. Coe explores the effects of democratization and economic crisis on regional institutions to explain the uneven development of 'intrusive regionalism' across the postcolonial world.
Thursday, November 7, 2019
Conference: Le crime de génocide à la lumière de la jurisprudence des juridictions pénales internationales et nationales : du Tribunal militaire international (TMI) de Nuremberg à la Cour pénale internationale (CPI)
Public International Law
- Meg Kinnear (ICSID), Inaugural Lecture: The Growth, Challenges and Future Prospects for Investment Dispute Settlement
- Robert Kolb (Université de Genève), Cours général : Le droit international comme corps de droit privé et de droit public
- Théodore Christakis (Université Grenoble Alpes), Le droit international de la cyber sécurité
- Stephen C. McCaffrey (Univ. of the Pacific McGeorge School of Law), The Evolution of the Law of International Watercourses
- Attila Tanzi (Univ. of Bologna), The Principle iura novit curia in International Judicial and Arbitral Proceedings
- Dire Tladi (Univ. of Pretoria), The Extra-Territorial Use of Force Against Non-State Actors
- Jorge E. Viñuales (Univ. of Cambridge), La responsabilité aggravée en droit international contemporain
- Wenqi Zhu (Renmin Univ. of China), Safeguarding the Defence – Proceedings Before International Criminal Justice
Private International Law
- Alexis Mourre (Cour internationale d’arbitrage de la CCI), Conférence inaugurale : La légitimité de l’arbitrage
- Linda Silberman (New York Univ.), General Course: The Counter-Revolution in Private International Law in the United States: From Standards to Rules privé
- Pietro Franzina (Université de Ferrare), Le droit international privé et le temps
- Mary Keyes (Griffith Univ.), The Intentions of the Parties in Private International Law
- Salim Moollan (Essex Court Chambers), Les procédures parallèles en matière d’arbitrage : analyse théorique et recherche de solutions pratiques
- José Antonio Moreno Rodríguez, Private International Law and Investment Arbitration
- Arnaud Nuyts, (Université Libre de Bruxelles), Le for des cyber-délits
- Jean-Baptiste Racine (Université Côte d’Azur), Arbitrage et droits de l’homme
- Robert Wai (York Univ. Osgoode Hall Law School), Liberalism and Private International Law
Wednesday, November 6, 2019
CALL FOR ABSTRACTSThe Distributed Work of War and Security: Technology, Expertise and Legitimation as part of the Interdisciplinary PACS conference 2020 Vrije Universiteit Amsterdam, 24 and 25 September 2020 Conveners: Tanja Aalberts (firstname.lastname@example.org) and Marijn Hoijtink (email@example.com) While contemporary warfare and practices of security are often said to be unmanned, automated or remote-controlled, a recent and empirically-grounded body of scholarship within science and technology studies, critical security studies and legal studies has emphasized how current military and security operations by Western states are labor-intensive, distributed across humans and humans and machines, and sustained by material and legal infrastructures as well as logics and practices that are deeply gendered and racialized. Following these contributions, this panel broadly focuses on the range of practices, actors and infrastructures that make contemporary war, security and particular forms of violence possible, actionable, and permissible. We organize two panels at the PACS Conference 2020 for which we invite contributions from across the social sciences, international law and humanities. Topics of interest include, but are not limited to:
We invite 200 words abstracts plus short biographical notes by 29 November 2019. Please send your proposal to firstname.lastname@example.org and email@example.com. There is no conference fee. Accommodation will be provided for paper givers.
- The role and enactment of technical or legal expertise in the conduct and legitimation of war or security;
- Empirical inquiries into human-machine relations interactions in contemporary warfare or security practices;
- Practices related to the design and development of technological warfare/security and the organization of violence;
- Technology, militarism and the everyday;
- The relationship between technology and secrecy, transparency and resistance.
von Bernstorff & Dann: The Battle for International Law: South-North Perspectives on the Decolonization Era
- Jochen von Bernstorff & Philipp Dann, The Battle for International Law: A Sketch
- Surabhi Ranganathan, The Common Heritage of Mankind: Annotations on a Battle
- Jochen von Bernstorff, The Battle for the Recognition of Wars of National Liberation
- Luis Eslava, The Developmental State: Independence, Dependency and the History of the South
- Matthew Craven, Colonial Fragments: Decolonisation, Concessions and Acquired Rights
- Anna Brunner, Acquired Rights and State Succession - The Rise and Fall of the Third World in the International Law Commission
- Sundhya Pahuja & Anna Saunders Rival Worlds and the Place of the Corporation in International law
- Muthucumaraswamy Sornarajah, The Battle Continues: Rebuilding Empire through Internationalization of State Contracts
- Florian Hoffmann & Bethania Assy, (De)colonizing Human Rights
- Rotem Giladi, Picking Battles: Race, Decolonization, and Apartheid
- Ingo Venzke, The International Court of Justice During the Battle for International Law (1955-1975)-Colonial Imprints and Possibilities for Change
- Guy Sinclair, The Battle and the United Nations
- Philipp Dann, The World Bank in the Battles of the 'Decolonization Era'
- Prabhakar Singh, Reading R.P. Anand in the Postcolony: Between Resistance and Appropriation
- Carl Landauer, Taslim Olawale Elias: From British Colonial Law to Modern International Law
- Umut Özsu, Determining New Selves: Mohammed Bedjaoui on Algeria, Western Sahara, and Post-Classical International Law
- Emamanuelle Tourme Jouannet, Charles Chaumont's Third World International Legal Theory
- Christopher Gevers, Literal 'Decolonisation': Re-reading African International Legal Scholarship through the African Novel
- Bill Bowring, The Soviets and the Right to Self-Determination of the Colonized: Contradictions of Soviet Diplomacy and Foreign Policy in the Era of Decolonization
- Olivier Barsalou, The Failed Battle for Self-Determination: The United States and the Postwar Illusion of Enlightened Colonialism, 1945-1975
- Martti Koskenniemi, What's Law Got to Do with it? Recollections, Impressions
The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.
- Weapons Law
- Mirko Sossai, The Demands of Future Operations and the Promise of Non- or Less-Lethal Weapons
- Stuart Casey-Maslen, The Status of Nuclear Deterrence Under International Law in Light of the Treaty on the Prohibition of Nuclear Weapons
- Matthias Brenneke, Lethal Autonomous Weapon Systems and Their Compatibility with International Humanitarian Law: A Primer on the Debate
- Joshua G. Hughes, The Law of Armed Conflict Issues Created by Programming Automatic Target Recognition Systems Using Deep Learning Methods
- Other Articles
- Beatrice Heuser, Ordinances and Articles of War Before the Lieber Code, 866-1863: The Long Pre-History of International Humanitarian Law
- Kilian Roithmaier, Monika Tobjasz, & Pauline Bove, Year in Review 2018
- Symposium: Search and Rescue: Balancing Humanitarian and Security Reasons
- Giuseppe Cataldi, Introduction
- Giorgia Bevilacqua, Italy Versus NGOs: The Controversial Interpretation and Implementation of Search and Rescue Obligations in the Context of Migration at Sea
- Paolo Turrini, Between a “Go Back!” and a Hard (to Find) Place (of Safety): On the Rules and Standards of Disembarkation of People Rescued at Sea
- Kiara Neri, The Missing Obligation to Disembark Persons Rescued at Sea
- Marco Fantinato, EU Regional Disembarkation Arrangements in the Mediterranean: Between the Outsourcing of Search and Rescue Services and the Externalisation of Sea Border Management
- Francesca De Vittor & Massimo Starita, Distributing Responsibility Between Shipmasters and the Different States Involved in SAR Disasters
- Valentin Schatz & Fabian Endemann, The Vatican City State’s Refusal to Grant Its Flag to Search and Rescue Vessels of NGOs Operating in the Mediterranean
- Sondra Faccio, The Interplay Between Investment Law And The Duty Of Non-Recognition In Situations Of Contested Sovereignty
- Emma Luce Scali, Sovereign Debt, “Austerity”, and Socio-Economic Rights: Italy’s 2019 Budget Between EU Fiscal Rules and International Human Rights Law
- Fabrizio Marongiu Bonaiuti, The Effects of Judgments of the European Court of Human Rights on the Final Decisions of Domestic Courts: Recent Developments in the Italian Case Law
- Valentina Rossi, Government Transparency and the Right of Access to Information: Evolving International Standards and Their Implementation in the Italian Legal System
- Notes and Comments
- Andrea Spagnolo, The Conclusion of Bilateral Agreements and Technical Arrangements for the Management Of Migration Flows: An Overview of the Italian Practice
- Silvia Venier, The Role of Facebook in the Persecution of the Rohingya Minority in Myanmar: Issues of Accountability Under International Law
- Diego Mauri, On American Drone Strikes and (Possible) European Responsibilities: Facing the Issue of Jurisdiction for “Complicity” in Extraterritorial Targeted Killings
- Ferdinando Franceschelli, The Franco-German Approach to Tackling Climate Change in the Aachen Treaty of 2019
- A. Skordas, The Rise of the Neo-Hobbesian Age: Thirty Years Since the Fall of the Berlin Wall
- A. Voßkuhle, Rechtspluralismus als Herausforderung. Zur Bedeutung des Völkerrechts und der Rechtsvergleichung in der Rechtsprechung des Bundesverfassungsgerichts
- A. von Bogdandy, Tyrannei der Werte? Herausforderungen und Grundlagen einer europäischen Dogmatik systemischer Defizite
- J. von Bernstorff & J. Schuler: Wer spricht für die Kolonisierten? Eine völkerrechtliche Analyse der Passivlegitimation in Restitutionsverhandlungen
- C. Tomuschat, Enforcement of International Law. From the Authority of Hard Law to the Impact of Flexible Methods
- Intervention by Invitation: Impulses from the Max Planck Trialogues on the Law of Peace and War
- Anne Peters, Intervention by Invitation: Impulses from the Max Planck Trialogues on the Law of Peace and War
- Florian Kriener, Invitation – Excluding ab initio a Breach of Art. 2 (4) UNCh or a Preclusion of Wrongfulness?
- Agata Kleczkowska, The Misconception About the Term “Intervention by Invitation”
- Laura Visser, What’s in a Name? The Terminology of Intervention by Invitation
- Michael Wood, Assessing Practice on the Use of Force
- Antonello Tancredi, A “Principle-Based” Approach to Intervention by Invitation in Civil Wars
- Letizia Lo Giacco, “Intervention by Invitation” and the Construction of the Authority of the Effective Control Test in Legal Argumentation
- Eliav Lieblich, The International Wrongfulness of Unlawful Consensual Interventions
- Alexander Wentker, Purpose-Based Regulation of Consent to Non-Forcible Operations
- Olivier Corten, Is an Intervention at the Request of a Government Always Allowed? From a “Purpose-Based Approach” to the Respect of Self-Determination
- Veronika Bílková, Reflections on the Purpose-Based Approach
- Achilles Skordas, Intervention by Invitation and Its Function: Governance in a Plural Society
- Dino Kritsiotis, On the Matter of Multiple Legal Justifications for Military Action
- Irène Couzigou, Respect for State Sovereignty: Primacy of Intervention by Invitation over the Right to Self-Defence
- Inger Österdahl, The Gentle Legitimiser of the Action of Others
- Matthias Hartwig, Who Is the Host? – Invasion by Invitation
- Larissa van den Herik, Replicating Article 51
- Stellungnahmen und Berichte
- M. Lenk, Das Nothafenrecht im Lichte der deutschen Notstandsdogmatik – ein Beitrag zu Salvinis ungeliebten Schiffen auf dem Mittelmeer
- Beschluss des Tribunale di Agrigento vom 2. Juli 2019: Aus den Entscheidungsgründen
- R. Grote, Staatsrechtslehre in sozialer Verantwortung – Zum Tode des Staatsrechtlers und früheren Verfassungsrichters Ernst-Wolfgang Böckenförde (1930-2019). Eine Würdigung
Tuesday, November 5, 2019
- Lana Tatour, The culturalisation of indigeneity: the Palestinian-Bedouin of the Naqab and indigenous rights
- Chuks Okpaluba & Anthony O. Nwafor, Habeas corpus as a remedy for deprivation of the right to personal liberty: contemporary developments in Canada and South Africa
- Jeanice L. Koorndijk, Judgements of the Inter-American Court of Human Rights concerning indigenous and tribal land rights in Suriname: new approaches to stimulating full compliance
- Marco Bocchese, Gbagbo’s lost bet: when inviting external judicial scrutiny backfires
- Siwach Sripokangkul, Subversion of transitional justice in Thailand: transitional injustice in the case of the ‘Red Shirts’
- Cillian Blake, The consequentialist reasoning of the security State and the contemporary interpretation of Article 2 by the European Court of Human Rights: eroding the lethal force principles in policing operations
- Ulf Mörkenstam, Organised hypocrisy? The implementation of the international indigenous rights regime in Sweden
- Nawaf Salam, Reflections on International Law in Changing Times
- Tamar Megiddo, Methodological Individualism
- Dirk A. Zetzsche, Ross P. Buckley, Douglas W. Arner, & Linus Föhr, The ICO Gold Rush: It's a Scam, It's a Bubble, It's a Super Challenge for Regulators
- Jorge Contesse, Settling Human Rights Violations
- Ying Zhu, Do Clarified Indirect Expropriation Clauses in International Investment Treaties Preserve Environmental Regulatory Space?
Monday, November 4, 2019
This talk dwells on a medium in which people, places and things are being connected, divided, aggregated and distributed juridically on the global plane: digital data. It will explore how, to whom, under what conditions and in what formats digital data are being given in certain practices of contemporary international law: specifically, in aspects of international development and humanitarian work in which the adoption of digital data and data science techniques is being encouraged. More precisely, it will consider some ramifications of the growing digitization of two key knowledge formats for international law: facts and populations. It will ask what givens may be constituted or reconstituted – or what may be established, or re-established, about international law, legal actors, institutions and operations – in the process of this shift in knowledge practice. And it will touch, finally, on what might be at stake in these changing practices with regard to the CLGSC’s three, current thematic concerns: time and place; power and capital; aesthetics and materiality.
- Masahiko Asada, Definition and legal justification of sanctions
- Philippe Achilleas, United Nations and sanctions
- Pierre-Emmanuel Dupont, Human rights implications of sanctions
- Mirko Sossai, Legality of extraterritorial sanctions
- Jean-Marc Thouvenin, History of implementation of sanctions
- Richard Nephew, Implementation of sanctions: United States
- Francesco Giumelli, Implementation of sanctions: European Union
- Machiko Kanetake, Implementation of sanctions: Japan
- Andrea Berger, North Korea: Design, implementation, and evasion
- Kazuto Suzuki, Iran: The role and effectiveness of UN sanctions
- Tatsuya Abe, Syria: The chemical weapons question and autonomous sanctions
- Mika Hayashi, Russia: The Crimea question and autonomous sanctions
Sunday, November 3, 2019
- Niklas Nilsson, Role conceptions, crises, and Georgia’s foreign policy
- Hannes Hansen-Magnusson, Arctic geopoetics: Russian politics at the North Pole
- Steffen Eckhard, Comparing how peace operations enable or restrict the influence of national staff: Contestation from within?
- Natalia Chaban, Ole Elgström, & Michèle Knodt, Perceptions of EU mediation and mediation effectiveness: Comparing perspectives from Ukraine and the EU
- Hylke Dijkstra, Petar Petrov, & Ewa Mahr, Learning to deploy civilian capabilities: How the United Nations, Organization for Security and Co-operation in Europe and European Union have changed their crisis management institutions
- Lior Lehrs, The peacenik and the spook as the diplomatic avant-garde
- Pål Røren, Status seeking in the friendly Nordic neighborhood
Saturday, November 2, 2019
While international law has played a central role in creating the conditions for market liberalisation on a global scale, many international lawyers have paid less attention to the social question, leaving human welfare, social unrest, labour relations, or migration to be addressed by economists, criminologists, sociologists, or demographers.
According to Prof. Orford, the current situation of people who are dispossessed or impoverished by economic liberalisation, and the exhaustion of the world’s resources have become inescapable barriers to the continuation of ‘global business as usual’.
In her lecture, Prof. Orford puts the social question back on the international law table. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control?
Friday, November 1, 2019
In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.
Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront.
At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
In its 70 years of existence, the International Law Commission has accomplished sterling work in many respects. Much of its output is considered to be the cornerstone of the contemporary international legal order.
However, this positive note should not distract attention from the challenges facing the Commission. Among these, the end of the “golden era” of codification, and the phenomenon of treaty fatigue call into question the relatively comfortable position of the International Law Commission. Questions arise: Is the progressive reduction in the number of conventions adopted as a result of the Commission’s work a sign of its decline? Is the increasing diversity of instruments used by the Commission a problem in terms of impact?
To answer these questions, this contribution first deals with the diversity of forms of the final products and the questions this diversity raises in terms of legal effects (II.) Once this framework for analyzing the Commission’s work has been established, its impacts are examined (III.). The contribution then focuses on the users of the Commission’s work (IV.), and also shed light on its authority (V.).
- Didac Queralt, War, International Finance, and Fiscal Capacity in the Long Run
- In Song Kim, John Londregan & Marc Ratkovic, The Effects of Political Institutions on the Extensive and Intensive Margins of Trade
- Scott F Abramson & Carles Boix, Endogenous Parliaments: The Domestic and International Roots of Long-Term Economic Growth and Executive Constraints in Europe
- Research Notes
- Rachel L. Wellhausen, International Investment Law and Foreign Direct Reinvestment
- Alexander Thompson, Tomer Broude, & Yoram Z. Haftel, Once Bitten, Twice Shy? Investment Disputes, State Sovereignty, and Change in Treaty Design
- Hyeonho Hahm, Thomas König, Moritz Osnabrügge, & Elena Frech, Who Settles Disputes? Treaty Design and Trade Attitudes Toward the Transatlantic Trade and Investment Partnership (TTIP)
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Transnational Environmental Law and ‘Other’ Environmental Laws
- Symposium: Global Environmental Law
- Elisa Morgera, Advancing the Research Agenda on Global Environmental Law
- Kati Kulovesi, Michael Mehling, & Elisa Morgera, Global Environmental Law: Context and Theory, Challenge and Promise
- Antonio Cardesa-Salzmann & Endrius Cocciolo, Global Governance, Sustainability and the Earth System: Critical Reflections on the Role of Global Law
- Natasha Affolder, Transnational Environmental Law's Missing People
- Louisa Parks & Elisa Morgera, Research Note: Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law
- Intellectual Property from a Global Environmental Law Perspective: Lessons from Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge Claudio Chiarolla
- Claire Lajaunie, Burkhard Schafer, & Pierre Mazzega, Big Data Enters Environmental Law
- Erika Techera, Legal Approaches to Shark Conservation and Management across the Indo-Pacific Small Island States
Call for papers
Polish Yearbook of International Law, vol. XXXIX: 2019
Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXIX), which will be published in June 2020. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal requirement for acceptance, we are specifically interested in articles that address issues in international and European law relating to broadly understood Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.
Submissions should be between 8.000 and 10,000 words (including footnotes) but in exceptional cases we may also accept longer works. We assess manuscripts on a rolling basis and will consider requests for expedited review in case of a pending acceptance for publication from another journal.
All details about submission procedure and required formatting are available at the PYIL’s webpage. Manuscript should be submitted via the PYIL’s submission system until 31 January 2020. You can also contact us by email (firstname.lastname@example.org).
Thursday, October 31, 2019
- Jurisdictional Reasonableness
- Introduced by Cedric Ryngaert and Michail Vagias
- William S. Dodge, Jurisdictional reasonableness under customary international law: The approach of the Restatement (Fourth) of US Foreign Relations Law
- Natalie L. Dobson, Reflections on ‘Reasonableness’ in the Restatement (Fourth) of US Foreign Relations Law
- Mistale Taylor, Reasonableness in its reasoning: How the European Union can mitigate problematic extraterritoriality on a de-territorialised internet
- Special Issue: The Rise of Preferential Agreements in Global Economic Governance
- Caroline Henckels & Markus Wagner, The Rise of Preferential Agreements in Global Economic Governance: An Introduction
- Meredith Kolsky Lewis, The Origins of Plurilateralism in International Trade Law
- Fiona Smith, Brexit as Trade Governance
- Federico Ortino & Emily Lydgate, Addressing Domestic Regulation Affecting Trade in Services in CETA, CPTPP, and USMCA: Revolution or Timid Steps?
- James Harrison, The Labour Rights Agenda in Free Trade Agreements
- Franziska Sucker, Towards Developmental Integration, Safeguards and Beyond: The Main Features of South Africa’s Preferential Trade Agreements
- Mark Davison &Patrick Emerton, The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements
The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.
Wednesday, October 30, 2019
- Martin Scheinin, How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- Gentian Zyberi, The Interpretation and Development of International Human Rights Law by the International Court of Justice
- Başak Çalı, Zeynep Elibol, & Lorna McGregor, The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- Alexandre Skander Galand, The Systemic Effect of International Human Rights Law on International Criminal Law
- Marina Aksenova, The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- Juan-Pablo Pérez-León-Acevedo, Human Rights at the Reparations System of the International Criminal Court
- Holger Hestermeyer, International Human Rights Law and Dispute Settlement in the World Trade Organization
- Freya Baetens, Invoking Human Rights: A Useful Line Of Attack Or A Defence Tool For States In Investor State Dispute Settlement
- Vasiliki Kosta, Bruno De Witte, Human Rights Norms in the Court of Justice of the European Union
- Solomon T. Ebobrah, The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- Ernst-Ulrich Petersmann, Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- Anna Petrig & Marta Bo, The International Tribunal for the Law of the Sea and Human Rights
- Payam Akhavan, Forum Shopping and Human Rights: Staring at the Empty Shelves
- Martin Scheinin, Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Julien Gourdon & James Messent, How Government Procurement Measures Can Affect Trade
- Juan He, Unilateral Trade Measures Against Illegal, Unreported and Unregulated Fishing: Unlocking a Paradigm Change in Trade-Environmental Partnerships?
- Marc D. Froese, Digital Trade and Dispute Settlement in RTAs: An Evolving Standard?
- Yong-Shik Lee, The Steel and Aluminium Quota Agreements: A Question of Compatibility with WTO Disciplines and Their Impact on the World Trading System
- Robert Black, Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?
- Jan A. Micallef, Digital Trade in EU FTAs: Are EU FTAs Allowing Cross Border Digital Trade to Reach Its Full Potential?
- Collins C Ajibo, African Continental Free Trade Area Agreement: The Euphoria, Pitfalls and Prospects
Friday, October 25, 2019
In Amoral Communities, Mila Dragojević examines how conditions conducive to atrocities against civilians are created during wartime in some communities. She identifies the exclusion of moderates and the production of borders as the main processes. In these places, political and ethnic identities become linked and targeted violence against civilians becomes both tolerated and justified by the respective authorities as a necessary sacrifice for a greater political goal.
Dragojević augments the literature on genocide and civil wars by demonstrating how violence can be used as a political strategy, and how communities, as well as individuals, remember episodes of violence against civilians. The communities on which she focuses are Croatia in the 1990s and Uganda and Guatemala in the 1980s. In each case Dragojević considers how people who have lived peacefully as neighbors for many years are suddenly transformed into enemies, yet intracommunal violence is not ubiquitous throughout the conflict zone; rather, it is specific to particular regions or villages within those zones. Reporting on the varying wartime experiences of individuals, she adds depth, emotion, and objectivity to the historical and socioeconomic conditions that shaped each conflict.
Furthermore, as Amoral Communities describes, the exclusion of moderates and the production of borders limit individuals' freedom to express their views, work to prevent the possible defection of members of an in-group, and facilitate identification of individuals who are purportedly a threat. Even before mass killings begin, Dragojević finds, these and similar changes will have transformed particular villages or regions into amoral communities, places where the definition of crime changes and violence is justified as a form of self-defense by perpetrators.
- John R. Morss, Description without apology? On structures, signs and subjectivity in international legal scholarship
- Gbenga Oduntan, Access to justice in international courts for indigent states, persons and peoples
- Sanyukta Chowdhury, Investor State dispute settlement provisions in India’s model bilateral investment treaty: a critique
- Divesh Kaul, Evolving trade undercurrents at the regional level: tides of India’s preferential trading in the Indian Ocean and beyond
- Md Tabish Eqbal, International Organizations and reservations to treaties: a critical review of the International Law Commission’s work
- Amritha V. Shenoy, International humanitarian law in ancient India: a multicivilisational perspective
- Imdad Ullah, Comparing Jewish and Islamic laws of war
- Ruchi Lal, Social and economic rights of refugees under international legal framework: An appraisal
- Dickson Ebikabowei Omukoro, Ensuring Environmental Accountability in Nigeria through the Liberalisation of the Locus Standi Rule: Lessons from some Selected Jurisdictions
- Vinesh Basdeo, A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis
- Ifeanyichukwu Azuka Aniyie, Tax Intermediaries Management: A Review of Three Jurisdictions
- Claus Kreβ, Du Déclenchement de la Compétence de la Cour Pénale Internationale à L’égard du Crime D'agression
- Olaniyi Felix Olayinka, Implementing the Socio-economic and Cultural Rights in Nigeria and South Africa: Justiciability of Economic Rights
- Christophe Van der Beken, Balancing Between Empowerment and Inclusion: Multinational Federalism and Citizenship Rights in Ethiopia
- Adekemi Omotubora, Old Wine in New Bottles? Critical and Comparative Perspectives on Identity Crimes under the Nigerian Cybercrime Act 2015
- Valerie Muguoh Chiatoh, Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun
- Robert Doya Nanima, The (Non) Enforcement of the Right to a Fair Trial with Regard to the Admissibility of Evidence Obtained through Human Rights Violations: A Comment on Uganda's Human Rights (Enforcement) Act 2019
Thursday, October 24, 2019
The rise of China signals a new chapter in international relations. How China interacts with the international legal order—namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China—has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Wednesday, October 23, 2019
On Thursday 7 November 2019, the ASIL International Organizations Interest Group (IOIG) will launch an initiative to engage legal staff of international organizations with the Society. As an inaugural event, the IOIG is convening a lunchtime panel (1.15-2.245pm) entitled “IO Law Roundtable: Perspectives on UN Partnerships”. Staff from the legal offices of UNICEF and UNDP, as well as panellists from the UN Office for Partnerships and the Academic Council on the United Nations System (ACUNS) will discuss various legal aspects of partnering with the private sector, financial institutions and academia to attain UN goals. The panel will be moderated by Prof. Sean Murphy, ASIL President and member of the International Law Commission. It will be kindly hosted by the Permanent Mission of the Kingdom of the Netherlands to the United Nations, located at 666 Third Ave, New York NY. The event is free but space is limited and registration is required: please RSVP here. For more information and future events, join the ASIL IOIG at www.asil.org.
- Or Cohen‐Sasson, A hidden technological assumption in patent law: The case of gene patents and the disclosure requirement
- Marion Briatta, Building a “Fortress Europe” in the air: A critical review of the European customs enforcement of IPRs
- Jóna N. Mays, The art we wear
- Seemantani Sharma, RCEP and Trans‐Pacific Intellectual Property Norms: Implications for India
- Courage Besah‐Adanu, Aske S. Bosselmann, Lise Hansted, & Peter K. Kwapong, Food origin labels in Ghana: Finding inspiration in the European geographical indications system on honey
- Ayoyemi Lawal‐Arowolo, Geographical indications and cultural artworks in Nigeria: A cue from other jurisdictions
- Adam R. Tanielian & Pakinee Kampan, Saving online copyright: Virtual markets need real intervention
- David J. Jefferson & Kamalesh Adhikari, Reimagining the relationship between food sovereignty and intellectual property for plants: Lessons from Ecuador and Nepal
- Bzhar Abdullah Ahmed & Kameran Hussein Al‐Salihi, Proliferation of the problem of orphan works across the world
International trade law is under siege. We face imminent stasis in WTO dispute settlement. Substantively too, the rapid outbreak of unilateral deployment of tariffs by the U.S (and then retaliation by China) is putatively WTO-illegal. These developments have shocked the community of practitioners and scholars of the WTO. Against this backdrop, it is tempting to position the current trade wars as a unique threat to both globalization and its institutional manifestations, like the WTO. To my mind, that claim deserves, at the very least, serious assessment. This is not the first time in its modern history that the system of international trade law has been subject to escalating resort to unilateral protectionism by its dominant power. There are important lessons from past trade conflicts that can guide our prescriptions on productive (and even likely) future outcomes, while bearing in mind differences in degree and orientation. A logical comparator here is the dramatic rise of Japan as an economic competitor to the U.S through the 1970s and 1980s (in a period that both preceded and tracked the Uruguay Round negotiations) and the shift in unilateral and multilateral strategies employed by the U.S to manage trade conflict with Japan. This comparator is routinely dismissed by most commentators, largely because of the role of the U.S as a guarantor of Japanese security. While that security umbrella is an important difference when considering the fractious relationship between the U.S and China, there are thick undercurrents in commonality (both substantively and sociologically) that transcend points of variance.
Lamp: At the Vanishing Point of Law: Rebalancing, Non-Violation Claims, and the Role of the Multilateral Trade Regime in the Trade Wars
What role does the multilateral trade regime have to play in the trade wars triggered by the United States under the Trump administration? This article argues that the traditional goal of dispute settlement in the WTO – the positive resolution of disputes – has become largely unattainable in the circumstances of the trade wars, but that the regime can still play a valuable role by providing a framework for the rebalancing of obligations among the participants. Using the regime in this way would defuse tensions among the participants, would ensure that the new equilibrium among them is integrated into the legal structure of the trade regime, and would provide the participants the opportunity to use the trade regime’s tools for solving disagreements at the margins, lowering the risk that the trade wars will spiral out of control. The article uses the example of non-violation claims in the context of national security measures to illustrate the potential for and benefits of re-integrating the trade wars into the multilateral trade regime. The article provides a detailed discussion of the legal justification for non-violation complaints in response to national security measures and shows how such claims provide an alternative to violation complaints that is both less confrontational and faster to adjudicate.
Haslam: The Slave Trade, Abolition and the Long History of International Criminal Law: The Recaptive and the Victim
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims.
By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
Shirlow & Caron: The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits
This Chapter traces the development of procedural transparency in international investment arbitration to tease apart different types of transparency, whilst also considering their objectives and consequences. The analysis indicates that the meaning, promise and limits of transparency will differ for different stakeholders and different reform objectives. The Chapter draws out the differences between the concepts of transparency as ‘availability’, ‘access’, and ‘participation’ to identify three distinct types of ‘transparency’. It connects these concepts to the reforms to procedural transparency that have occurred for investment arbitration to date. This supports an analysis of whether the types of transparency reforms that have been pursued thus far are adapted to achieving their stated purposes. What emerges is an understanding of transparency that is closely connected to the development of, and hopes for, international investment arbitration. Transparency has emerged as a key means of improving international investment arbitration, including to make it more accountable and more legitimate. An agenda that seeks to identify and enact effective reforms to reach this promise must take into account the types of transparency best adapted to achieve these goals. In considering transparency in international investment arbitration, then, it is vital that States, arbitral institutions, and other stakeholders confront the assumptions and motivations underpinning suggested reforms in order to best adapt those reforms to achieve their stated objectives. The contours of the discussion in this Chapter hold importance for reform agendas in other fields of international arbitration. It highlights the importance of clarifying what is being proposed, what is being excluded from that discussion, and how these understandings influence the concrete outcomes of reform efforts as well as the appraisal of their success by disparate stakeholders.
As the glow that accompanied the kinetic judicialisation of the field of international criminal justice has faded over time, scholars have increasingly turned to expressivist strands of thought to justify, assess, and critique the practices of international criminal courts. This expressive turn has been characterised by a heightened concern for the pedagogical value and legitimating qualities of international criminal courts.
This article develops a unique typology of expressivist perspectives within the field of international criminal justice, distinguishing between: instrumental expressivism, which concerns the justification of different practices of international criminal courts in terms of the instrumental value of their expressive qualities; interpretive expressivism, which concerns the identification of expressive avenues for improving the sociological legitimacy of international criminal courts; and critical expressivism, which concerns the illumination of the expressive limits of international criminal courts, as well as unveiling the configurations of power that underpin the messages and narratives constructed within such courts in different institutional contexts.
Reflecting on the limitations of these perspectives, the article elaborates a nascent strand of expressivism – strategic expressivism – which examines whether and how different actors in the field may harness the expressive power of international criminal justice in line with their strategic social and political agendas.
The United States’ recognition of Israeli sovereignty over the Syrian Golan has been widely considered a flagrant breach of international law. This illegal act gives reason to examine the relationship between the United States under President Trump and international law more generally. Unlike its predecessors, the Trump administration has not just violated international law whenever U.S. economic, political, or strategic interests demanded it to do so, it has rather challenged international law and its institutions as such, and has actively undermined them. The attitude of the Trump administration towards international law and its institutions is marked by an unparalleled contempt or disdain. This article delivers a powerful “J’accuse” against this international law nihilism.