Wednesday, January 16, 2019

Call for Applications: MILC Emerging Scholars Workshop

The Manchester International Law Centre has issued a call for applications for its first Emerging Scholars Workshop, on June 25, 2019. Here's the call:

MILC Emerging Scholars Workshop

Call for applications

The Manchester International Law Centre (MILC) is holding its first Emerging Scholars Workshop on 25 June 2019 in Manchester. The aim of the Workshop is to bring together a carefully selected group of eight doctoral students. During the workshop, the participants will receive tailored feedback on their research project through closed roundtable discussions with Jean d’Aspremont, Iain Scobbie and John Haskell. In addition to the roundtable discussions, the event will also include sessions on publishing in international law and how to prepare for a job interview and compose postdoc applications.

Applicants are expected to be at an advanced stage of their PhD studies and must be focusing their doctoral research on a question related to international law, international legal practice, and/or international legal theory. Successful applicants must submit a paper of no more than 3.000 words that will be shared with other participants. The selection process will be very competitive as only eight participants will be selected.

Submission of applications

Abstracts of no more than 500 words and a one-page CV should be submitted to isil.aral@manchester.ac.uk by 15 March 2019. The subject line of the email must read “MILC PhD Workshop” followed by the surname of the author. Applicants will be notified by 15 April 2019. The deadline for submission of the papers by the selected participants is 10 June 2019.

Unfortunately, MILC is unable to offer any financial support and participants will have to bear their own expenses. Lunch and refreshments throughout the day will be provided.

Tuesday, January 15, 2019

New Issue: Global Society

The latest issue of Global Society (Vol. 33, no. 1, 2019) is out. Contents include:
  • Critique and Affirmation in International Relations
    • Pol Bargués-Pedreny, From Critique to Affirmation in International Relations
    • Gideon Baker, Critique, Use and World in Giorgio Agamben's Genealogy of Government
    • David Chandler, The Transvaluation of Critique in the Anthropocene
    • Pol Bargués-Pedreny & Jessica Schmidt, Learning to Be Postmodern in an All Too Modern World: “Whatever Action” in International Climate Change Imaginaries
    • Mario Schmidt & Kai Koddenbrock, Against Understanding: The Techniques of Shock and Awe in Jesuit Theology, Neoliberal Thought and Timothy Morton’s Philosophy of Hyperobjects
    • Doerthe Rosenow, Decolonising the Decolonisers? Of Ontological Encounters in the GMO Controversy and Beyond
    • Joe Hoover, Developing a Situationist Global Justice Theory: From an Architectonic to a Consummatory Approach
    • Peter Finkenbusch, On the Road to Affirmation: Facilitating Urban Resilience in the Americas
    • Suvi Alt, Conclusion: Critique and the Politics of Affirmation in International Relations

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 63, no. 2, February 2019) is out. Contents include:
  • Articles
    • Daniel Druckman & Lynn Wagner, Justice Matters: Peace Negotiations, Stable Agreements, and Durable Peace
    • Nadiya Kostyuk & Yuri M. Zhukov, Invisible Digital Front: Can Cyber Attacks Shape Battlefield Events?
    • Kimi King & James Meernik, The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals
    • Trey Billing & Andrew D. Lugg, Conflicted Capital: The Effect of Civil Conflict on Patterns of BIT Signing
    • Christina L. Davis, Andreas Fuchs, & Kristina Johnson, State Control and the Effects of Foreign Relations on Bilateral Trade
    • Sambuddha Ghatak, Aaron Gold, & Brandon C. Prins, Domestic Terrorism in Democratic States: Understanding and Addressing Minority Grievances
    • Aslihan Saygili, Concessions or Crackdown: How Regime Stability Shapes Democratic Responses to Hostage taking Terrorism
    • Kris De Jaegher & Britta Hoyer, Preemptive Repression: Deterrence, Backfiring, Iron Fists, and Velvet Gloves
    • Solveig Hillesund, Choosing Whom to Target: Horizontal Inequality and the Risk of Civil and Communal Violence
    • Michael C. Marshall, Foreign Rebel Sponsorship: A Patron–Client Analysis of Party Viability in Elections Following Negotiated Settlements

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 14, no. 2, 2019) is out. Contents include:
  • Pablo Muñiz, Trader Participation in the EU Customs Decision-Making Process: Is There Room for Improvement?
  • Giani Pandey, Davide Rovetta, & Agnieszka Smiatacz, How Many Barriers Should a Steeple Chase Have? Will the EU’s Proposed Regulation on Screening of Foreign Direct Investments Add yet More Delaying Barriers When Getting a Merger Deal through the Clearance Gate, and Other Considerations
  • Enea Fochesato, Food Origin Marking in the European Union: Not a Piece of Cake
  • Thomas Bieber, Customs Valuation and Import VAT
  • Gustavo Adolfo Guarin Duque, Interpreting WTO Rules in Times of Contestation (Part 3) ‘Could the United States Justify Its Tariffs on Aluminium and Steel Invoking Article XXI(b) of the GATT?’

Symposium: The Future of Human Rights Scholarship

The current issue of Law and Contemporary Problems (Vol. 81, no. 4, 2018) focuses on the topic "The Future of Human Rights Scholarship." Contents include:
  • James Loeffler & Mila Versteeg, Foreword: The Future of Human Rights Scholarship
  • Adam S. Chilton & Eric A. Posner, Treaties and Human Rights: The Role of Long-Term Trends
  • Cosette D. Creamer & Beth A. Simmons, The Dynamic Impact of Periodic Review on Women’s Rights
  • Geoffrey Dancy & Christopher Fariss, The Heavens are Always Fallen: A Neo-Constitutive Approach to Human Rights in Global Society
  • Hyeran Jo & John Niehaus, Through Rebel Eyes: Rebel Groups, Human Rights, and Humanitarian Law
  • Samuel Moyn, Beyond the Human Rights Measurement Controversy
  • Umut Özsu, Neoliberalism and Human Rights: The Brandt Commission and the Struggle For a New World
  • Paul B. Stephan, The Future of International Human Rights Law—Lessons From Russia
  • Kevin L. Cope, Charles Crabtree, & Yonatan Lupu, Beyond Physical Integrity

New Blog: AfronomicsLaw

James Thuo Gathii (Loyola Univ. Chicago - Law), Olabisi D. Akinkugbe (Dalhousie Univ.), and Nthope Mapefane (Univ. of Pretoria) have launched the AfronomicsLaw Blog. The blog focuses on the landscape of international economic law as it relates to Africa. Its primary goal is to complement existing forums that analyze, discuss, and debate international economic law issues as they relate to Africa.

Monday, January 14, 2019

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 113, no. 1, January 2019) is out. Contents include:
  • Articles
    • Julian Arato, The Private Law Critique of International Investment Law
    • Julian Nyarko, Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements
  • Current Developments
    • Sean D. Murphy, Anniversary Commemoration and Work of the International Law Commission's Seventieth Session
  • International Decisions
    • Peter J. Spiro, Trump v. Hawaii
    • Kristen E. Eichensehr, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
    • Diego Mejía-Lemos, The “Quimbaya Treasure,” Judgment SU-649/17
  • Contemporary Practice of the United States Relating to International Law
    • Jean Galbraith, Contemporary Practice of the United States Relating to International Law
  • Recent Books on International Law
    • Karen J. Alter, The Empire of International Law?
    • Vladyslav Lanovoy, reviewing Third-Party Countermeasures in International Law, by Martin Dawidowicz
    • Sarah A. Freuden, reviewing Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, by Diane Orentlicher
    • John F. Murphy, reviewing Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century, by Benjamin Allen Coates
    • Antonia Chayes, reviewing International Law and New Wars, by Christine Chinkin and Mary Kaldor

Kleinlein: Managing the German Debt

Thomas Kleinlein (Friedrich-Schiller-Universität Jena - Law) has posted Managing the German Debt. Here's the abstract:
This chapter analyses the essential provisions of the Versailles reparations scheme and argues that this scheme, with its concept of reparations and with other features, was unprecedented in the history of peace treaties. The chronology of the management of the German debt – a story of treaty execution and treaty revision from 1920 to 2010 – can be divided into various reparation schemes, most significantly those of the Dawes Plan and the Young Plan. However, the degree to which already the Paris Conference set the basic patterns for this entire history of reparations is striking. Its themes, schemes and devices appeared again and again in one guise or another. The chapter concludes on what these recurrent themes can mean for the legal framework of sovereign debt management beyond the singular experience of the Versailles Treaty.

Call for Papers: International Trade Regime for the Data-Driven Economy: How will Artificial Intelligence Transform International Economic Law?

The 6th Biennial Conference of the Asian International Economic Law Network will be hosted by the Institute of Law for Science and Technology, National Tsing Hua University in Taipei, on October 26-27, 2019. The theme is: "International Trade Regime for the Data-Driven Economy: How will Artificial Intelligence Transform International Economic Law?" - though both theme and non-theme proposals are welcome. The call for papers is here.

Sunday, January 13, 2019

Call for Applications: United Nations International Law Fellowship Programme

Applications for the 2019 United Nations International Law Fellowship Programme are currently being accepted. The deadline for applications is February 20, 2019. This year the Programme will be conducted in English. Application details are available here.

Call for Papers: International Economic Law in the Era of Distributed Ledger Technology

A call for papers has been issued for a workshop on "International Economic Law in the Era of Distributed Ledger Technology," to take place April 9, 2019, in Turin. The call is here.

Saturday, January 12, 2019

Lauterpacht Centre Friday Lunchtime Lecture Series for Lent Term 2019

Here's the schedule for the Lauterpacht Centre for International Law's Lent Term 2019 Friday Lunchtime Lectures:
  • January 18, 2019: Mark Drumbl (Washington and Lee Univ.), From Timbuktu to The Hague and Beyond: The War Crime of Intentionally Attacking Cultural Property
  • January 25, 2019: Louise Mallinder (Queen’s Univ. Belfast), Instigator or Inhibitor? The Role of International Law in Dealing with the Legacy of the Northern Ireland Conflict
  • February 1, 2019: Christopher Greenwood (formerly, Judge, International Court of Justice), International Courts and Tribunals: Is there Strength in Diversity?
  • February 8, 2019: Malcolm Shaw (Essex Court Chambers), Some Reflections on Territorial Sovereignty Today
  • February 15, 2019: Miles Jackson (Univ. of Oxford), Instrumental International Criminal Justice
  • February 22, 2019: Laurel Fletcher (Univ. of California, Berkeley), Let’s Talk About the Boteros: Law, Memory, and the Torture Memos at Berkeley Law
  • March 1, 2019: James Loeffler (Univ. of Virginia), Double Amnesia: Zionism and Human Rights in History and Memory
  • March 8, 2019: Petros C Mavroidis (Columbia Univ.), What is the WTO Agreement on TBT All About?

Buchan: Cyber Espionage and International Law

Russell Buchan (Univ. of Sheffield - Law) has published Cyber Espionage and International Law (Hart Publishing 2018). Here's the abstract:
The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.

Friday, January 11, 2019

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 63, no. 1, January 2019) is out. Contents include:
  • Articles
    • Sirianne Dahlum & Tore Wig, Educating Demonstrators: Education and Mass Protest in Africa
    • Alexander De Juan & Eva Wegner, Social Inequality, State-centered Grievances, and Protest: Evidence from South Africa
    • Nils Hägerdal, Ethnic Cleansing and the Politics of Restraint: Violence and Coexistence in the Lebanese Civil War
    • Christian Houle, Social Mobility and Political Instability
    • Peter S. Henne & Jason Klocek, Taming the Gods: How Religious Conflict Shapes State Repression
    • Tobias Heinrich & Matt W. Loftis, Democracy Aid and Electoral Accountability
    • Sam R. Bell, K. Chad Clay, & Amanda Murdie, Join the Chorus, Avoid the Spotlight: The Effect of Neighborhood and Social Dynamics on Human Rights Organization Shaming
    • Jin Mun Jeong & Dursun Peksen, Domestic Institutional Constraints, Veto Players, and Sanction Effectiveness
    • Neil Narang & Rupal N. Mehta, The Unforeseen Consequences of Extended Deterrence: Moral Hazard in a Nuclear Client State
    • Robert Johns & Graeme A. M. Davies, Civilian Casualties and Public Support for Military Action: Experimental Evidence

Call for Papers: Actors in International Investment Law: Beyond Claimants, Respondents and Arbitrators

A call for papers has been issued for a colloquium on "Actors in International Investment Law: Beyond Claimants, Respondents and Arbitrators," to take place September 26-27, 2019, at the Université Paris 2 Panthéon Assas. The call is here.

Maia, Akandji-Kombé, & Harelimana: L'apport de l'Afrique à la justice internationale pénale

Catherine Maia (Université Lusófona de Porto), Jean-François Akandji-Kombé (Université Paris 1 Panthéon-Sorbonne), & Jean-Baptiste Harelimana have published L'apport de l'Afrique à la justice internationale pénale (L'Harmattan 2018). Here's the abstract:
Quel est l'apport de l'Afrique au mouvement de pénalisation qui traverse le droit international ? Telle est la question à laquelle cet ouvrage propose d'apporter des éclairages au travers de contributions de plusieurs experts.

New Addition to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added a lecture to the UN Audiovisual Library of International Law. It was given by Jean Michel Arrighi on “La Organización de los Estados Americanos: Algunos Temas Actuales.”

Conference: The Legacy of the League of Nations

On January 31, 2019, the Centre for European Law and Internationalisation at the University of Leicester will hold a conference on "The Legacy of the League of Nations." The program is here.

Oxford Public International Law Discussion Group for Hilary Term 2019

Here's the schedule for the Oxford Public International Law Discussion Group for Hilary Term 2019:
  • January 17, 2019: Joanna Dimmock (White & Case), The Extra Territorial Reach of the Prosecutor in England & Wales
  • January 24, 2019: Delphine Dogot (Sciences Po), The Legal Metamorphosis of War
  • January 31, 2019: Malcolm Evans (Univ. of Bristol), The Uncertain Future(s) of the UN Human Rights Treaty Bodies
  • February 7, 2019: Robert McCorquodale (Univ. of Nottingham), Do the Multilateral Development Banks have International Human Rights and Humanitarian Legal Obligations?
  • February 14, 2019: Gabriela Frei (Jesus College, Oxford), 1919: The Making of a New International Legal Order?
  • February 21, 2019: Seline Trevisanut (Utrecht Univ.), Regime Interaction in Ocean Governance
  • February 28, 2019: Susan Marks (London School of Economics), Three Liberty Trees
  • March 7, 2019: Jansen Calamita (National Univ. of Singapore), The Internalization of Investment Treaties and the Rule of Law Promise

Call for Papers: EUI Doctoral Forum on International Law

The Law Department of the European University Institute has issued a call for papers for an intensive one-day doctoral forum on international law, which will take place June 10, 2019, in Florence, and sponsored by the European Society of International Law. The call is here.

Thursday, January 10, 2019

Azari: La demande reconventionnelle devant la Cour internationale de justice

Hadi Azari (Université Kharazmi) has published La demande reconventionnelle devant la Cour internationale de justice (L'Harmattan 2018). Here's the abstract:
La demande reconventionnelle est une action en justice ; une conclusion du défendeur qui poursuit des avantages autres que le simple rejet de la prétention du demandeur. Admise dans toutes les juridictions, devant la Cour internationale de Justice, elle présente des caractéristiques particulières que cet essai a pour vocation d'analyser et de mettre en lumière. Selon la jurisprudence, une demande reconventionnelle est une demande autonome et indépendante. Formée par le défendeur, elle est à la fois un moyen de défense et une demande incidente. Pour être recevable, elle doit relever de la compétence de la Cour et entretenir une connexité directe avec la demande principale. Toutefois, la question est de savoir si la Cour peut refuser une demande reconventionnelle et, inversement, l'accepter quand la connexité fait défaut.

Contesse: Settling Human Rights Violations

Jorge Contesse (Rutgers Univ. - Law) has posted Settling Human Rights Violations (Harvard International Law Journal, forthcoming). Here's the abstract:

In the past few decades, human rights courts have been widely established around the world, sparking the interest of legal scholars who devote significant attention to state accountability for human rights violations. Academic centers exclusively dedicated to the study of international courts have appeared, and conferences on the role of international adjudication now abound. International law has become a juricentric discipline.

With the enormous attention afforded to the international human rights judiciary, critical aspects of non-judicial human rights decision-making are often neglected. One understudied mechanism is that of friendly settlements, whereby victims of human rights violations, acting under the “good offices” of regional human rights bodies, enter into direct negotiations with respondent states toward a consensual resolution to a human rights dispute. Despite its prolific use in regional human rights regimes, legal scholars have largely neglected the friendly settlement mechanism. This Article fills that gap. Drawing on a review of all friendly settlements executed before the Inter-American Commission on Human Rights, as well as interviews with Commission personnel (including two of its former presidents), state officials from six Latin American countries, members of non-governmental organizations, and petitioners, this Article comprehensively analyzes the general practice of settling human rights disputes. The Article identifies various motivations underlying the practice: states avoid the “naming and shaming” that comes with human rights litigiousness; victims more quickly obtain reparations; and human rights bodies alleviate their backlog.

But friendly settlements also raise serious—and unnoticed—challenges. The Article unearths both normative and practical concerns with settling human rights violations and considers a novel alternative. It proposes an improved form of friendly settlement that (i) distinguishes between and affords differentiated procedural treatment to disputes concerning individual violations and those seeking structural remedies, and (ii) delegates negotiation and compliance functions to local authorities. With these improvements, the Article concludes, human rights settlements can play a critical role in holding states accountable, along with—and even more than—human rights adjudication.

New Issue: International Affairs

The latest issue of International Affairs (Vol. 95, no. 1, January 2019) is out. Contents include:
  • World Politics 100 Years After the Paris Peace Conference
    • Margaret MacMillan, Anand Menon, & Patrick Quinton-Brown, Introduction: world politics 100 years after the Paris peace conference
    • Barry Eichengreen, Versailles: the economic legacy
    • Glenda Sluga, Remembering 1919: international organizations and the future of international order
    • Oona A. Hathaway & Scott J. Shapiro, International law and its transformation through the outlawry of war
    • Joseph S. Nye, Jr, The rise and fall of American hegemony from Wilson to Trump
    • Jane Burbank & Frederick Cooper, Empires after 1919: old, new, transformed
    • Lawrence Freedman, The rise and fall of Great Power wars
    • Yuen Foong Khong, Power as prestige in world politics
    • Rosemary Foot, Remembering the past to secure the present: Versailles legacies in a resurgent China
    • Erik Jones & Anand Menon, Europe: between dream and reality?
    • Margaret MacMillan & Patrick Quinton-Brown, The uses of history in international society: from the Paris peace conference to the present

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 22, no. 10, 2018) is out. Contents include:
  • Special Issue: Peremptory International Legal Norms and the Democratic Rule of Law
    • Sonja Grover, Introduction
    • Alise Coen, International order, the rule of law, and US departures from refugee protection
    • Ryan Alford, The harbinger theory of terrorism and the rule of law: the danger of ‘balancing’ non-derogable rights against security when relying on threat assessments produced by self-interested intelligence agencies
    • Mariette Brennan & Miriam Cohen, Citizenship by descent: how Canada’s one-generation rule fails to comply with international legal norms
    • Oscar Gakuo Mwangi, Securitisation, non-refoulement and the rule of law in Kenya: the case of Somali refugees
    • Denise González-Núñez, The widespread use of torture in Mexico and its impacts on the rule of law
    • Ridvan Peshkopia, Drin Konjufca, Erblin Salihu & Jonida Lika, EU membership conditionality in promoting acceptance of peremptory human rights norms: a case study in Albania considering public opinion

Dornbusch: Kampfführungsrecht im internationalen Cyberkrieg

Julia Dornbusch has published Kampfführungsrecht im internationalen Cyberkrieg (Nomos 2018). Here's the abstract:

Der ‚Cyberkrieg’ ist ein hoch brisantes Thema im sicherheitspolitischen Diskurs. Bisher hat sich kein Zwischenfall zugetragen, der durch die Staatengemeinschaft als bewaffneter Konflikt im rechtlichen Sinne anerkannt und ausschließlich mit Cyberangriffen geführt wurde. Und auch wenn ein solcher Cyberkrieg im engeren Sinne zurzeit als unwahrscheinlich gehandelt wird, haben die Staaten das Potenzial und die Gefahr des Einsatzes von Mitteln und Methoden der Cyberkriegsführung erkannt.

Die Arbeit zeigt, dass gegenwärtige Computernetzwerkoperationen selten als völkerrechtliche Gewaltanwendung zu qualifizieren sind, die einen internationalen bewaffneten Konflikt auslösen. Zudem wird herausgearbeitet, inwiefern die kampfführungsrechtlichen Vorgaben, die vor dem Hintergrund des Einsatzes konventioneller Waffengewalt entstanden sind, auch im Bereich der Cyberkriegsführung Schutz garantieren können.

Cyber warfare is an issue of extreme importance in the current debate on security policy. So far, there has been no cyber incident that states have acknowledged as an armed conflict in the legal sense. And even if, nowadays, a war exclusively fought with cyber attacks seems unrealistic, states have recognised the potential as well as the threat that cyber warfare poses to modern information societies. The book demonstrates that computer network operations are unlikely to amount to a use of force or an international armed conflict. In addition, the book examines the question whether the ‘conventional’ rules of conduct of hostilities offer a comprehensive protection with regard to cyber warfare.

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 9, no. 1, January 2019) is out. Contents include:
  • Notes and Comments
    • Sergey Sayapin, The General Principles of International Criminal Law in the Criminal Code of the Republic of Kazakhstan
    • Wan Pun Lung, International Law before the Courts of the Hong Kong Special Administrative Region of the People’s Republic of China—Twenty Years On
    • Jacqueline Joyce F. Espenilla, Judicial Fact-Finding Initiatives in the South China Sea Arbitration
  • Articles
    • Prabhakar Singh, Of International Law, Semi-colonial Thailand, and Imperial Ghosts
    • Eliana Cusato, Overcoming the “Logic of Exception”: A Critique of the UN Security Council’s Response to Environmental Damage from the 1990–91 Gulf War
    • Prabhash Ranjan, Police Powers, Indirect Expropriation in International Investment Law, and Article 31(3)(c) of the VCLT: A Critique of Philip Morris v. Uruguay
    • James Ransdell, Institutional Innovation by the Asian Infrastructure Investment Bank
  • Symposium on Onuma Yasuaki’s “International Law in a Transcivilizational World”
    • Antony Anghie, Editorial Preface
    • Lauri Mälksoo, Civilizational Diversity as Challenge to the (False) Universality of International Law
    • Ming Li, The Transcivilizational Perspective: A Legitimate and Feasible Approach to International Law
    • Gustavo Gozzi, Transcivilizational International Law Against the System of International Relations: Onuma Yasuaki’s Normative Choice
    • W. Michael Reisman & Tomo B. Takaki, How Shall We Fashion International Legal Goals and Criteria for Appraisal in a World of Many Civilizations and Cultures? Review of Onuma Yasuaki’s International Law in a Transcivilizational World
    • Florian Couveinhes Matsumoto, The End of the History of Liberalism and the Last “Transcivilizational” Man? Onuma’s Attempt to Define a “New” International Law

Wednesday, January 9, 2019

Burton: Searching for the Eastern Carelia Principle

Philip Burton (Univ. of Manchester - Manchester International Law Centre) has posted an ESIL Reflection on Searching for the Eastern Carelia Principle.

Gathii: The Agenda of Third World Approaches to International Law (TWAIL)

James Thuo Gathii (Loyola Univ. Chicago - Law) has posted The Agenda of Third World Approaches to International Law (TWAIL) (in International Legal Theory: Foundations and Frontiers, Jeffrey Dunoff & Mark Pollack eds., forthcoming). Here's the abstract:

This chapter examines the first twenty-one years of Third Approaches to International Law Scholarship (TWAIL) from 1997 to 2018. It provides the first comprehensive attempt to count TWAIL articles, book chapters and books in that period and connects this scholarship to prior scholarship on international law from the Third World.

In so doing, it traces TWAIL’s varied origins and discusses its scholarly production in the last 21 years in Part One. In Part two, it discusses the main themes of TWAIL scholarship and the strands within them. Part Three discusses criticisms of TWAIL scholarship and makes responses to them.

The chapter argues that TWAIL scholarship has three major themes. First, how TWAIL scholarship traces the role of international law in constituting order and disorder. The second theme is the centrality of history in international law, and third, TWAIL’s commitment to reforming and remaking international law.

In addition, the chapter critically appraises criticisms of TWAIL scholarship. These are: First, some historians have charged TWAIL scholars with anachronism or ‘presentism’. Second, some mainstream international law scholars have argued that TWAIL scholarship is nihilistic and lacks methodological clarity. A third set of criticisms have argued in favor of expanding the subject of TWAIL scholarship to include themes such as indigenous peoples and hierarchical caste systems, so that TWAIL scholarship can capture other forms of hierarchies, particularly those that predate colonialism. A fourth criticism is that TWAIL’s resistance to international law scholarship and international law itself, occupies the same terrain as international law and as such it cannot offer an alternative.

Most importantly, this chapter shows that TWAIL scholarship provides a substantive critique of both the politics and the scholarship of international law, in addition to exploring the extent to which international law has legitimated global processes of marginalization and domination of the peoples of the third world, as well as how third world peoples and countries can overcome these challenges.

Call for Papers: Primeira Conferência Latinoamericana Sobre Direitos Humanos e Empresas

A call for papers has been issued for the Primeira Conferência Latinoamericana Sobre Direitos Humanos e Empresas, to be held May 2-3, 2019, at the Universidad del Rosario e Pontificia Universidad Javeriana, in Bogotá. The call is here.

Tuesday, January 8, 2019

Lieblich: At Least Something: The UN Special Committee on the Problem of Hungary, 1957–1958

Eliav Lieblich (Tel Aviv Univ. - Law) has posted At Least Something: The UN Special Committee on the Problem of Hungary, 1957–1958 (European Journal of International Law, forthcoming). Here's the abstract:

In late 1956, The UN faced a remarkable test, as the USSR invaded and crushed a burgeoning rebellion in Hungary, then a Soviet satellite. After the USSR disregarded repeated UN calls to withdraw, the UN General Assembly established, in January 1957, a Commission of Inquiry (COI) to investigate the crisis.

This Article explores the forgotten story of the Special Committee on Hungary as a case study for the effects of commissions of inquiry. This commission is of special interest for several reasons. Namely, it was one of the first mandated by a UN body to investigate a specific conflict, not least a Cold War struggle, in which a superpower was directly involved. Furthermore, it was clear from the beginning that the Committee was not likely to compel, in itself, the USSR to change its behavior. Moreover, 1956 was a time of global political transformation, as the non-aligned movement emerged as a key player in UN politics, and, accordingly, became a target in the Cold War battle for influence. Under such circumstances, the effects of COIs are complex and difficult to gauge.

While the Committee did not lead to the USSR's withdrawal from Hungary, it had many unforeseen and conflicting effects. These are grouped, in the Article, into two categories – effects relating mainly to times of ideological conflict and political transformation; and effects that relate to parallel multilateral efforts and institutional dynamics. Among other effects, the Article demonstrates how, under such political circumstances, COIs can create new points of contention, and cause backlash precisely from those that they seek to influence. Having cascading and conflicting effects, the central conclusion is that COIs do not lend themselves easily to clean and linear theories. A recognition of the field’s inherent complexity is therefore needed in any attempt to study this international phenomenon.

Monday, January 7, 2019

Call for Submissions: German Yearbook of International Law

The German Yearbook of International Law has issued a call for submissions for its forthcoming volume 62 (2019). The deadline is September 1, 2019. Here's the call:

CALL FOR PAPERS

The German Yearbook of International Law (GYIL) is Germany’s oldest yearbook in the field of public international law. The GYIL is published annually by the Walther Schücking Institute for International Law at the University of Kiel and contains contributions on topics addressing all aspects of public international law. We aim to provide a platform for scholars of international law – both inside and outside Germany – to publish new research advancing public international legal discourse as well as analysis of current issues. The GYIL consists of a number of sections, including a ‘Forum’ section for which prominent scholars are invited to discuss newly developing topics in international law and a ‘Focus’ section for which a group of experts are invited to write articles examining in-depth various aspects of a topic chosen in advance by the Editors. The ‘German Practice’ section gives authors an opportunity to discuss recent State practice in Germany relevant to international law. This section presents shorter reports rather than extended essays. The GYIL also publishes English-language summaries of exceptional German doctoral and post-doctoral theses in the fields of public international law and European law.

The General Articles section of the GYIL is open to submissions from the entire academic community and is independently peer-reviewed by a board of renowned experts. All work submitted will be scrutinised based on its intellectual quality and its advancement of academic discourse. With this Call for Papers, the Editors welcome submissions for the General Articles section of volume 62 (2019) of the GYIL, inviting interested parties to submit contributions for consideration for inclusion in the forthcoming edition.

The paper should be 10,000-12,500 words inclusive of footnotes and conform with the house style of the GYIL (available on our website). Submissions, including a brief abstract, statement of affiliation, and confirmation of exclusive submission, should be sent by 1 September 2019 to the Assistant Editors of the GYIL via e-mail: yearbook@wsi.uni-kiel.de.

AJIL Unbound Symposium: Investor Responsibility: The Next Frontier in International Investment Law

AJIL Unbound has posted a symposium on “Investor Responsibility: The Next Frontier in International Investment Law.” The symposium includes an introduction by James Gathii and Sergio Puig and contributions by Andrew Sanger, Jean Ho, Nicolás M. Perrone, Mavluda Sattorova, Jackson Shaw Kern, and Tomoko Ishikawa.

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 51, no. 4, October 2018) is out. Contents include:
  • Shahla F. Ali, Practitioners’ Perception of Court-Connected Mediation in Five Regions: An Empirical Study
  • Maria L. Banda, Climate Adaptation Law: Governing Multi-Level Public Goods Across Borders
  • Shai Dothan, When Immediate Responses Fail
  • Amanda Bloch Kernan, Sustaining the Growth of Mobile Money Services in Developing Nations: Lessons from Overregulation in the United States

Sunday, January 6, 2019

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 14, no. 1, 2019) is out. Contents include:
  • George-Dian Balan, On Fissionable Cows and the Limits to the WTO Security Exceptions
  • Hao Wu, Mutual Administrative Assistance in Customs Matters
  • Malte Wilke & Hinrich Rüping, The Criminal Provisions of German and UK Export Control and Sanctions Law
  • Gustavo Adolfo Guarin Duque, Interpreting WTO Rules in Times of Contestation (Part 2): A Proposed Interpretation of Article XXI(b)ii–iii of the GATT 1994 in the Light of the Vienna Convention of the Law of the Treaties

Thursday, January 3, 2019

New Issue: Jus Gentium: Journal of International Legal History

The latest issue of Jus Gentium: Journal of International Legal History (Vol. 3, no. 2, 2018) is out. Contents include:
  • Articles
    • S. Harris, Arbitration at Vienna: Recasting the History of International Dispute Resolution
    • V.I. Ivanenko, The Rising Generation of International Lawyers at St. Petersburg University: Zaremba and Spasovich
    • Mark W. Podvia, The Baltimore Incident and American Naval Expansion
    • O.O. Merezhko, The 1917 Russian Revolution and International Law
    • K.O. Savchuk & I.M. Protsenko, The Development of the Science of International Law at the Koretsky Institute of State and Law
    • J. Anderson, Currency Control, Exchange Contracts, and War: Boissevain v. Weil
    • Isaac Schaphorst, Brown v. United States and Confiscation of Enemy Property
  • Notes and Comments
    • V.I. Ivanenko, Kronid Malyshev and the Renaissance of Private International Law
    • W.E. Butler, On Teaching the History of International Law
    • I.O. Kresina & O.V. Kresin, The People as a Subject of International Law
  • Documents and Other Evidence of State Practice
    • P. Macalister-Smith & J. Schwietzke, Brief Calendar of International Practice for Spain and Portugal, 1641 to 1818

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 57, no. 6, December 2018) is out. Contents include:
  • Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Qatar v. United Arab Emirates): Request for the Indication of Provisional Measures (I.C.J.), with introductory note by Alexandra Hofer
  • Prosecutor v. Jean-Pierre Bemba Gombo: Judgment on the Appeal of Mr. Jean-Pierre Bemba Gombo against Trial Chamber III's “Judgment Pursuant to Article 74 of the Statute” (Int'l Crim. Ct.), with introductory note by Joseph Powderly
  • Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.), with introductory note by Sarah Progin-Theuerkauf
  • Association Pour le Progrès et la Défense Des Droits Des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali (Afr. Ct. H.P.R.), with introductory note by Ashwanee Budoo
  • Office of the Prosecutor: Policy Paper on Case Selection and Prioritisation (Int'l Crim. Ct.), with introductory note by Kai Ambos
  • Resolution on the Situation in Nicaragua (OAS), with introductory note by Christina M. Cerna

Wednesday, January 2, 2019

Call for Submissions: Contemporary expressions of the foreign relations of subnational governments in Africa

The journal Regional and Federal Studies has issued a call for submissions for a special issue on "Contemporary expressions of the foreign relations of subnational governments in Africa." The call is here.

Call for Submissions: Polish Yearbook of International Law

The Polish Yearbook of International Law has issued a call for submissions for its next volume. Here's the call:

Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXVIII), which will be published in June 2019. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal condition for acceptance, we are specifically interested in articles that address issues in international and European law relating to Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.

Submissions should not exceed 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.

Please send manuscripts to pyil@inp.pan.pl. The deadline for submissions is 28 February 2019.

Tuesday, January 1, 2019

Boisson de Chazournes, Mbengue, Tignino, & Sangbana: The UN Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary

Laurence Boisson de Chazournes (Univ. of Geneva - Law), Makane Mbengue (Univ. of Geneva - Law), Mara Tignino (Univ. of Geneva), & Komlan Sangbana (Univ. of Geneva) have published The UN Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary (Oxford Univ. Press 2018). Here's the abstract:
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux préparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources.

Hohmann & Joyce: International Law's Objects

Jessie Hohmann (Queen Mary Univ. of London - Law) & Daniel Joyce (Univ. of New South Wales - Law) have published International Law's Objects (Oxford Univ. Press 2018). Contents include:
  • Jessie Hohmann & Daniel Joyce, Introduction
  • Daniel Joyce, International Law's Cabinet of Curiosities
  • Jessie Hohmann, The Lives of Objects
  • Fleur Johns, Things we Make and Do with International Law
  • Wouter Werner, Saying and Showing
  • Isobel Roele, The Making of International Lawyers: Winnicott's Transitional Objects
  • Nicole De Silva, African Court on Human and Peoples' Rights
  • Therese Murphy, AIDS Virus
  • Ioannis Kalpouzos, Armed Drone
  • Lucas Lixinski, Axum Stele
  • Filippo Fontanelli & Giuseppe Bianco, Barcelona Traction Share
  • Kimberley Trapp, Boots (on the Ground)
  • Francois Finck, Border Check Point, the Moldovan Republic of Transnistria
  • Jacqueline Mowbray, Breton Road Signs
  • Anne-Charlotte Martineau, Chicotte
  • Stephen Humphreys, Data: the Given
  • Immi Tallgren, Déchiqueteuse (Papershredder)
  • James Parker, Gavel
  • Helmut Aust, 'Good Urban Citizen'
  • Allesandra Arcuri, Glyphosate
  • Kate Miles, Insulae Moluccae: Map of the Spice Islands 1594
  • Ziv Bohrer, Jolly Roger
  • Surabhi Ranganathan, Manganese Nodules
  • Alex Mills, Mosul Four and Iran Six
  • Gerry Simpson, NM 68226 84912; TQ 30052 80597
  • Julia Dehm, One Tonne of Carbon Dioxide Equivalent (1tCO2e)
  • Jessie Hohmann, Opium
  • Jean d'Aspremont & Eric De Brabandere, Paintings of International Law's Textbooks
  • Sarah Dehm, Passport
  • Thomas MacManus, Peace Sign, La Comunidad de Paz de San José de Apartadó
  • Sophie Rigney, Postcard from the ICTY
  • Andrew Lang, Purse Seine Net
  • Geoff Gordon, Railway Clocks
  • Alison Kesby, Refugee Chains
  • Rosemary Rayfuse, Russian Flag at the North Pole
  • Christine Schwöbel-Patel & Wouter Werner, Screen
  • Lolita Buckner Inniss, Ships' Ballast
  • Doug Guilfoyle, Somali Pirate Skiff
  • Tanja Aalberts, Sovereign Mark of the Roi Né-Do'ucoula, King of Boma
  • Daniel Litwin, Stained Glass Windows, the Great Hall of Justice of the Peace Palace
  • Michael Fakhri, Sugar
  • Ruth Buchanan & Jeff Hewitt, Treaty Canoe
  • Leslie-Anne Duvic-Paoli, Trees
  • Charlie Peevers, USAID Rice - Haiti
  • Jeffrey Smith, Western Sahara Boundary Marker
  • Malgosia Fitzmaurice, Whale