Saturday, May 25, 2019

Call for Papers: 3rd Biennale Hamburg Young Scholars' Workshop in International Law (Reminder)

A call for papers has been issued for the 3rd Biennale Hamburg Young Scholars' Workshop in International Law, which will take place September 20-21, 2019. The call is here. The deadline is June 1, 2019.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 18, no. 2, April 2019) is out. Contents include:
  • Emily Blanchard & Mark Wu, Externalities and Agricultural Import Bans: Evaluating Regionalization Measures in Light of the Russia–Pigs Dispute
  • Dukgeun Ahn & Arevik Gnutzmann-Mkrtchyan, Indonesia–Import Licensing Regimes: GATT Rules for Agricultural Trade?
  • Boris Rigod & Patricia Tovar, Indonesia–Chicken: Tensions between International Trade and Domestic Food Policies?
  • Shushanik Hakobyan & Joel P. Trachtman, EU–Fatty Alcohols (Indonesia): Corporate Structure, Transfer Pricing, and Dumping
  • Kara Reynolds & Tatiana Yanguas, China–Cellulose Pulp: China's Quest to Satisfy WTO Panels and the Appellate Body
  • Thomas J. Prusa & Edwin A. Vermulst, United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Nails in the Coffin of Unfair Dumping Margin Calculation Methodologies
  • David R. Deremer & Federico Ortino, Getting Your Ducks in a Row: The Case for More Inclusive Renegotiations in EU–Poultry Meat (China)
  • Kristy Buzard & Panagiotis Delimatsis, Subsidies and Investment Promotion Reaching New Heights in the Aviation Sector: The US–Tax Incentives Dispute

Marglin: La nationalité en procès : droit international privé et monde méditerranéen

Jessica M. Marglin (Univ. of Southern California - Religion) has published La nationalité en procès : droit international privé et monde méditerranéen (Annales, Vol. 73, no. 1, pp. 83-117, March 2018). Here's the abstract:

Cet article emploie la microhistoire d’une affaire transnationale qui se déroulait entre l’Italie et la Tunisie pendant les années 1870 et 1880 pour éprouver le droit international grâce à une approche qui va au-delà des frontières de l’Occident. L’affaire Samama contre Samama présente un litige fort compliqué, examiné par les cours de justice italiennes pendant près d’une décennie. La principale difficulté du procès concernait la nationalité de Nissim Samama, un juif né à Tunis, et, partant, l’ordre juridique qui pouvait décider de sa succession. Le Code civil italien promettait de respecter les droits nationaux des ressortissants étrangers, mais ces derniers étaient a priori considérés comme occidentaux uniquement. Or une affaire où il était question à la fois du droit tunisien et du statut des juifs interrogeait les fondements mêmes de l’ordre juridique international. En portant devant les tribunaux le problème de la nationalité de Samama, le procès dévoilait plusieurs failles et tensions au sein des théories émergentes du droit international : comment des États non occidentaux tels que la Tunisie pouvaient-ils s’intégrer dans l’ordre juridique international naissant ? Comment le droit international envisageait-il le droit musulman ? Quel était le statut de la nation juive dans un monde de nationalités de plus en plus exclusives ? Les actes d’un tel procès permettent de prendre la mesure des débats et des réflexions entre les spécialistes de droit international sur les ambiguïtés propres à leur discipline. De même, ils donnent un accès privilégié à la façon dont les Maghrébins concevaient le droit international. Les controverses qui en résultent mettent au jour les tensions inhérentes à un droit international qui ne cesse d’hésiter alors entre particularisme occidental et universalisme.

This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian Civil Code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

Friday, May 24, 2019

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 23, nos. 1-2, 2019) is out. Contents include:
  • Special Issue: The Tenth Anniversary of the United Nations Declaration on the Rights of Indigenous Peoples
    • Jessie Hohmann, Introduction
    • Felipe Gómez Isa, The UNDRIP: an increasingly robust legal parameter
    • Julian Burger, After the Declaration: next steps for the protection of indigenous peoples’ rights
    • Dorothée Cambou, The UNDRIP and the legal significance of the right of indigenous peoples to self-determination: a human rights approach with a multidimensional perspective
    • Federico Lenzerini, Implementation of the UNDRIP around the world: achievements and future perspectives. The outcome of the work of the ILA Committee on the Implementation of the Rights of Indigenous Peoples
    • Corinne Lewis & Carl Söderbergh, The World Bank’s new Environmental and Social Framework: some progress but many gaps regarding the rights of indigenous peoples
    • Malayna Raftopoulos & Damien Short, Implementing free prior and informed consent: the United Nations Declaration on the Rights of Indigenous Peoples (2007), the challenges of REDD+ and the case for the precautionary principle
    • Jérémie Gilbert & Corinne Lennox, Towards new development paradigms: the United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development
    • Noelle Higgins, Creating a space for indigenous rights: the Universal Periodic Review as a mechanism for promoting the rights of indigenous peoples
    • Adriana Giunta, Looking back to move forward: the status of environmental rights under the UN Declaration on the Rights of Indigenous Peoples
    • Harry Hobbs, Treaty making and the UN Declaration on the Rights of Indigenous Peoples: lessons from emerging negotiations in Australia
    • Stephen M. Young, The self divided: the problems of contradictory claims to Indigenous peoples’ self-determination in Australia
    • Jeremy Patzer, Indigenous rights and the legal politics of Canadian coloniality: what is happening to free, prior and informed consent in Canada?
    • Amelia Alva-Arévalo, A critical evaluation of the domestic standards of the right to prior consultation under the UNDRIP: lessons from the Peruvian case
    • Fumiya Nagai, Implementing the rights of indigenous peoples in Japan: implications and challenges of forest certification for the Ainu
    • Lucy Claridge, The approach to UNDRIP within the African Regional Human Rights System
    • Silvia Gagliardi, Indigenous peoples’ rights in Morocco: subaltern narratives by Amazigh women
    • Shlomit Stein, Reflections on indigenous peoples’ rights vis-à-vis the law of occupation

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 19, no. 3, June 2019) is out. Contents include:
  • Claudia Ituarte-Lima, Amelie Dupraz-Ardiot, & Constance L. McDermott, Incorporating international biodiversity law principles and rights perspective into the European Union Timber Regulation
  • Giorgia Sforna, Climate change and developing countries: from background actors to protagonists of climate negotiations
  • Rishi Basak & Edwin van der Werf, Accountability mechanisms in international climate change financing
  • Roberta Arbolino & Luisa De Simone, Rethinking public and private policies in Europe with the support of a industrial sustainability index
  • Tatiana Yu Sorokina, A national system of biological monitoring in the Russian Arctic as a tool for the implementation of the Stockholm Convention

Call for Papers: EU Trade Agreements and the Duty to Respect Human Rights Abroad

The T.M.C. Asser Institute, the Centre for the Law of EU External Relations (CLEER), and the ESIL Interest Group on the EU as a Global Actor have issued a call for papers for a workshop on "EU Trade Agreements and the Duty to Respect Human Rights Abroad." The workshop will take place at the Asser Institute in The Hague, on December 11, 2019. The call is here.

New Issue: Transnational Dispute Management

The latest issue of Transnational Dispute Management (2019, no. 3) is out. This is a special issue on: "Cybersecurity in International Arbitration." The table of contents is here.

Call for Papers: Designing International Economic Law: Challenges and Opportunities

The International Economic Law Interest Group of the American Society of International Law has issued a call for papers for its biennial conference, which will take place February 14-15, 2019, at the University of Miami. The theme is: "Designing International Economic Law: Challenges and Opportunities." The call is here.

Grey: Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court: Practice, Progress and Potential

Rosemary Grey (Univ. of Sydney - Law) has published Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court: Practice, Progress and Potential (Cambridge Univ. Press 2019). Here's the abstract:
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.

Thursday, May 23, 2019

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 36, no. 3, 2019) is out. Contents include:
  • Klaus Peter Berger, Common Law v. Civil Law in International Arbitration: The Beginning or the End?
  • Milo Molfa, Adam Grant, Paul Kleist, & Amy Wen Wei, Challenges in the Taking of Evidence in Arbitrations Seated in Mainland China
  • Christopher Adams & Giles Harvey, No Man Is an Island: Compelling Witness Evidence in Support of Arbitration Proceedings Seated in London
  • Alex Ye, The Good Faith Principle in the Context of the Enforcement of New York Convention Awards: An Analysis of Hong Kong’s Position in Light of the Apparently Conflicting Court Decisions
  • Sam Luttrell, Observations on the Proposed New ICSID Regime for Security for Costs

New Issue: International Interactions

The latest issue of International Interactions (Vol. 45, no. 3, 2019) is out. Contents include:
  • Articles
    • Kyle Haynes, Useful ignorance: The benefits of uncertainty during power shifts
    • Michael Breen & Patrick J. W. Egan, The Catalytic Effect of IMF Lending: Evidence from Sectoral FDI Data
    • Daina Chiba & Tobias Heinrich, Colonial Legacy and Foreign Aid: Decomposing the Colonial Bias
    • Elise Must & Siri Aas Rustad, “Mtwara will be the New Dubai”: dashed expectations, grievances, and civil unrest in Tanzania
    • Bernhard Reinsberg, Thomas Stubbs, Alexander Kentikelenis & Lawrence King, The political economy of labor market deregulation during IMF interventions
  • Research Notes
    • Juan Tellez & Jordan Roberts, The Rise of the Islamic State and Changing Patterns of Cooperation in the Middle East
    • Sarah Kreps & Stephen Roblin, Treatment format and external validity in international relations experiments

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 30, no. 4, December 2018) is out. Contents include:
  • The 2018 Global Compacts on Refugees and Migration
    • Editorial
    • Jane McAdam, The Global Compacts on Refugees and Migration: A New Era for International Protection?
    • Articles
    • Volker Türk, The Promise and Potential of the Global Compact on Refugees
    • Michele Klein Solomon & Suzanne Sheldon, The Global Compact for Migration: From the Sustainable Development Goals to a Comprehensive Agreement on Safe, Orderly and Regular Migration
    • James C Hathaway, The Global Cop-Out on Refugees
    • Thomas Gammeltoft-Hansen, The Normative Impact of the Global Compact on Refugees
    • T Alexander Aleinikoff, The Unfinished Work of the Global Compact on Refugees
    • Michael W Doyle, Responsibility Sharing: From Principle to Policy
    • Alexander Betts, The Global Compact on Refugees: Towards a Theory of Change?
    • David James Cantor, Fairness, Failure, and Future in the Refugee Regime
    • B S Chimni, Global Compact on Refugees: One Step Forward, Two Steps Back
    • Geoff Gilbert, Indicators for the Global Compact on Refugees
    • Jeff Crisp, A Global Academic Network on Refugees: Some Unanswered Questions
    • Cathryn Costello, Refugees and (Other) Migrants: Will the Global Compacts Ensure Safe Flight and Onward Mobility for Refugees?
    • François Crépeau, Towards a Mobile and Diverse World: ‘Facilitating Mobility’ as a Central Objective of the Global Compact on Migration
    • Kathleen Newland, The Global Compact for Safe, Orderly and Regular Migration: An Unlikely Achievement
    • Elspeth Guild, The UN Global Compact for Safe, Orderly and Regular Migration: What Place for Human Rights?
    • Walter Kälin, The Global Compact on Migration: A Ray of Hope for Disaster-Displaced Persons
    • Vitit Muntarbhorn, The Global Compacts and the Dilemma of Children in Immigration Detention
    • Guy S Goodwin-Gill, The Global Compacts and the Future of Refugee and Migrant Protection in the Asia Pacific Region
    • Arie Afriansyah, Indonesia and the Global Compacts on Refugees and Migration
    • Lili Song, Strengthening Responsibility Sharing with South–South Cooperation: China’s Role in the Global Compact on Refugees
    • Susan M Akram, Assessing the Impact of the Global Compacts on Refugees and Migration in the Middle East
    • Fatima Khan & Cecile Sackeyfio, What Promise Does the Global Compact on Refugees Hold for African Refugees?
    • Eunice Ndonga Githinji & Tamara Wood, Prospects for the Global Compacts in Africa: Combining International Solidarity with Home-Grown Solutions
    • Olabisi Dare & Allehone M Abebe, Regional Solutions and the Global Compact on Refugees: The Experience from Africa
    • Marina Sharpe, The Global Compact on Refugees and Conflict Prevention in Africa: ‘Root Causes’ and Yet Another Divide

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 18, Supplement, April 2019) is out. Contents include:
  • Digital Trade
    • Merit E. Janow & Petros C. Mavroidis, Digital Trade, E-Commerce, the WTO and Regional Frameworks
    • Anupam Chander, The Internet of Things: Both Goods and Services
    • Joshua P. Meltzer, Governing Digital Trade
    • Norman Zhang, Trade Commitments and Data Flows: The National Security Wildcard: Reconciling Passenger Name Record Transfer Agreements and European GATS Obligations
    • Robert Wolfe, Learning about Digital Trade: Privacy and E-Commerce in CETA and TPP
    • Evan Y. Kim, E-Commerce in South Korean FTAs: Policy Priorities and Provisional Inconsistencies
    • Usman Ahmed, The Importance of Cross-Border Regulatory Cooperation in an Era of Digital Trade
    • R. S. Neeraj, Trade Rules for the Digital Economy: Charting New Waters at the WTO

Call for Papers: Football Feminism: Global Governance Perspectives

The Jean Monnet Center for International and Regional Economic Law and Justice at NYU School of Law has issued a call for papers for a symposium on "Football Feminism: Global Governance Perspectives," which will take place February 24–25, 2020. The call is here.

Wednesday, May 22, 2019

Paige: Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter

Tamsin Phillipa Paige (Deakin Univ. - Law) has published Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter (Brill | Nijhoff 2019). Here's the abstract:
Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 52, no. 2, March 2019) is out. Contents include:
  • Steven A. Bank, Reforming FIFA from the Inside Out
  • John F. Coyle & Christopher R. Drahozal, An Empirical Study of Dispute Resolution Clauses in International Supply Contracts
  • Craig Martin, Challenging and Refining the "Unwilling or Unable" Doctrine
  • Neha Mishra, Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 41, no. 2, May 2019) is out. Contents include:
  • Ingebjørg Finnbakk & Ragnhild Nordås, Community Perspectives and Pathways to Reintegration of Survivors of Sexual Violence in Eastern Democratic Republic of Congo
  • Andrew Fagan, The Gentrification of Human Rights
  • Lorna, McGregor, Rachel Murray, & Shirley Shipman, Should National Human Rights Institutions Institutionalize Dispute Resolution?
  • Marie Elske C. Gispen & Brigit C.A. Toebes, The Human Rights of Children in Tobacco Control
  • Lilian Chenwi, Exhaustion of Local Remedies Rule in the Jurisprudence of the African Court on Human and Peoples’ Rights
  • Ronli Sifris & Maria Tanyag, Intersectionality, Transitional Justice, and the Case of Internally Displaced Moro Women in the Philippines
  • Adriana Rudling, “I’m Not that Chained-Up Little Person”: Four Paragons of Victimhood in Transitional Justice Discourse
  • Alejandro Anaya- Muñoz, Bringing Willingness Back In: State Capacities and the Human Rights Compliance Deficit in Mexico
  • Mumo Nzau & Amanda B. Edgell, Judicial Independence and Civil Liberties in Transitional Democracies: The Case of Kenya

Ingber: Congressional Administration of Foreign Affairs

Rebecca Ingber (Boston Univ. - Law) has posted Congressional Administration of Foreign Affairs (Virginia Law Review, forthcoming). Here's the abstract:

Longstanding debates over the allocation of foreign affairs power between Congress and the President have reached a stalemate. Wherever the formal line between Congress and the President’s powers is drawn, it is well established that as a functional matter, even in times of great discord between the two branches, the President wields immense power when he acts in the name of foreign policy or national security.

And yet, while scholarship focuses on the accretion of power in the presidency, presidential primacy is not the end of the story. The fact that the President usually “wins” in foreign affairs does not mean that the position the President ultimately chooses to take is preordained. In fact, questions of foreign policy and national security engage diverse components of the executive branch bureaucracy, which have overlapping jurisdictions and often conflicting biases and priorities. And yet they must arrive at one executive branch position. Thus the process of decisionmaking, the weight accorded the position of any given decisionmaker, the context in which the decision is made — together these shape the ultimate position the President takes.

This Article explores and critiques the foreign policy role Congress can — and does — play in structuring and rearranging the relative powers of those internal actors, and the processes they take to reach their decisions, in order to influence and even direct the President’s ultimate position. Having yielded much of the ground on substance, Congress has an opportunity for a second bite at the apple, and may influence the policy directions of the presidency simply by manipulating its internal workings. There are risks to deploying such “process controls,” as I term them, in lieu of direct substantive engagement, but I argue that Congress can and should use these tools more instrumentally to influence the course of foreign policy in areas where it is otherwise unlikely to assert itself as a coequal branch and necessary check on presidential power.

Hathaway: A Comparative Foreign Relations Law Agenda: Opportunities and Challenges

Oona A. Hathaway (Yale Univ. - Law) has posted A Comparative Foreign Relations Law Agenda: Opportunities and Challenges. Here's the abstract:
International law is generally understood to be made up of the rules that states accept as binding in their relations with one another. But international law is the product not only of a political and legal process that takes place between states — as this common understanding implies — but also of processes that take place within them. And yet to date there has been remarkably little cross-national work examining the role of domestic politics and law in the creation of treaties and other international law. Part of the reason for this gap is the difficulty of conducting cross-national studies of foreign relations law on a large scale. To the extent there have been comparative studies done of foreign relations law, they have been largely limited to relatively small-scale case studies. More comprehensive examination of the differences across nations in the ways in which they make international commitments is rare. This chapter aims to contribute to an emerging conversation about how best to carry out a more comprehensive examination of differences between states in the law governing their engagement in the world around them. It maps out five areas that offer opportunities and challenges for the study of comparative foreign relations law. First, the choice of methodology, whether quantitative or qualitative. Second, the under-representation of certain states in existing foreign relations scholarship. Third, the domestic political and institutional structures that shape the interplay between the legislative, executive, and judicial functions within states. Fourth, the role of geopolitics. Fifth, the chapter sounds a cautionary note about approaching international law through domestic law.

Djukić: The Right to Appeal in International Criminal Law

Drazan Djukić has published The Right to Appeal in International Criminal Law (Brill | Nijhoff 2019). Here's the abstract:
In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.

New Volume: New Zealand Yearbook of International Law

The latest volume of the New Zealand Yearbook of International Law (Vol. 15, 2017) is out. Contents include:
  • Articles and Commentaries
    • Graham Hassall, Law, Culture, and Corruption in the Pacific Islands
    • S. Reindl-Krauskopf, Anti-corruption Measures from a European and Austrian Perspective: Concepts – Control – Concerns
    • Farsam Salimi, Cybercrime Threats, Offences and Special Investigation Measures from a European Perspective
    • Harmen van der Wilt, The European Arrest Warrant: A Blueprint for International Cooperation in Criminal Matters in Other Regions?
    • Liz Campbell, Brexit and the Policing of Transnational Organised Crime in Europe
    • Ray Murphy, Command Responsibility after Bemba
    • Matt Bartlett, Standard Deviation: Global Standardisation and Implications for International Law
  • The South Pacific
    • Tony Angelo, Pacific Islands Forum 2017

Trachtman: The Internet of Things Cybersecurity Challenge to Trade and Investment: Trust and Verify?

Joel P. Trachtman (Tufts Univ. - Fletcher School of Law and Diplomacy) has posted The Internet of Things Cybersecurity Challenge to Trade and Investment: Trust and Verify? Here's the abstract:
This paper describes the problem of cybersecurity-based concerns regarding trade in IoT goods, and investment in manufacturing or distribution facilities for IoT goods, analyzes the applicable international law that would constrain national cybersecurity-based import or investment restrictions, and evaluates the availability of security or other exceptions to permit these defensive measures. Based on the defensive needs, and the legal constraints, it suggests some of the characteristics of a cooperative regulatory regime that can foster international trust or verification to allow trade and foreign investment in relation to IoT goods. Trade and investment in low risk consumer IoT products, such as household objects, will be manageable along traditional lines of other product standards, regulated by existing treaties such as the GATT and TBT Agreement to assure national treatment, MFN treatment, proportionality, and due respect for international standards. With respect to high risk industrial, infrastructural, medical or transportation IoT products, the path to liberal trade and investment is less clear, and will depend on the technical ability to surveil and confirm the safety of IoT products. It will be difficult to rely on trusted suppliers, whether on the basis of nationality or territoriality, because of the complexity of production and the magnitude of risk. States will restrict imports and investment in connection with high risk IoT products under security exceptions in trade and investment law, although the specific language of those exceptions do not necessarily support such restrictions. In some circumstances, restrictions will be based on protectionism or geoeconomic considerations, rather than cybersecurity per se. In order to avoid inefficient restriction, states will find it useful to identify means to verify security of high risk IoT products, as well as to establish trust in producers of high risk IoT products, and on the basis of sufficient combinations of verification and trust, to relax their use of security exceptions.

Ratner: Global Investment Rules as a Site for Moral Inquiry

Steven R. Ratner (Univ. of Michigan - Law) has posted Global Investment Rules as a Site for Moral Inquiry (Journal of Political Philosophy, Vol. 27, no. 1, pp. 107-135, March 2019). Here's the abstract:
The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each critique contains certain moral and empirical assumptions that deserve further attention. The distributive justice implications of international investment rules are also relevant to scholars of global distributive justice. The aim of the analysis is to develop an interdisciplinary agenda – among law, philosophy, and social science – for inquiry into the justice of investment law and reform of its unjust elements.

Lieblich: Self-Defense Against Non-State Actors and the Myth of the Innocent State

Eliav Lieblich (Tel Aviv Univ. - Law) has posted Self-Defense Against Non-State Actors and the Myth of the Innocent State (in Global Governance and Human Rights, Nehal Bhuta & Rodrigo Vallejo eds., forthcoming). Here's the abstract:

Few contemporary debates on the use of force under international law have been more contentious than the argument over the lawfulness of transnational self-defense against non-state actors. In this context, especially controversial is the claim – advanced by the US and several other states – that defensive force against non-state actors could be lawful when territorial states are “unwilling or unable” to address the threat on their own.

Of the various objections to this standard, one significant argument suggests that when a territorial state is merely unable to stop a threat, any response against a non-state actor on its territory would be unlawful. This is because that state – assuming that it has exercised due diligence to prevent the threat – is at no fault; it has therefore not violated the prohibition on the use of force; and in the absence of such a violation, there can be no self-defense on its territory.

This Chapter challenges this argument. While not defending the lawfulness of the “unwilling or unable” test per se, it rejects the view that “state innocence” should be a valid objection to it. In this context, it argues that attributing overriding importance to state innocence conjures up an old anthropomorphism in international law, in which the state is conceived as a physical person, its territory akin to a human body. On this view, a response on the territory of an "innocent state" is likened to a response against the body of an innocent human threat or shield. Yet, in any legal regime that takes individual rights seriously, it seems that rights attributed to the fictionalized body of the state cannot override those of real-life people. It follows that state innocence alone cannot be a bar to self-defense against non-state actors, at least when human life is threatened by their attacks.

Tuesday, May 21, 2019

New Issue: Revue trimestrielle des droits de l'homme

The latest issue of the Revue trimestrielle des droits de l'homme (No. 118, 2019) is out. Contents include:
  • H. Labayle, Le Pacte mondial sur les migrations : un pacte avec le diable ?
  • G. Ravarani, Quelques réflexions sur la légitimité du juge de Strasbourg
  • C. Rizcallah, Le principe de confiance mutuelle : une utopie malheureuse ?
  • S. Wattier, La reconnaissance juridique du féminicide : quel apport en matière de protection des droits des femmes ?
  • C. Katz, Le refus de la protection des groupes politiques par la Convention sur la prévention et la répression du génocide : une exclusion contestable, une finalité entamée
  • T. Hochmann, Chronique des arrêts de la Cour suprême des États-Unis en matière de droits fondamentaux (octobre 2016 – juin 2018)
  • J. Arroyo, M-L. Basilien-Gainche, S. Lavorel, D. Mardon, C. Philippe, S. Turgis, S. Gerry-Vernières, A. Peyre, & A. Ailincai, La soft law dans le domaine des droits fondamentaux (octobre 2017 – octobre 2018)
  • X. Delgrange & D. Koussens, Quelles laïcités en salle d’audience ? À propos de quelques arrêts canadiens et européens sur le port de symboles religieux dans les prétoires
  • H. Tigroudja, Ports de signes religieux, « discrimination croisée » et ingérence de l’État dans la liberté de manifester sa religion
  • G. Haarscher, Le blasphémateur sous les fourches caudines des juges de Strasbourg
  • M-A. Beernaert, Droit d’accès à un avocat et relativité toujours plus grande des garanties du droit à un procès équitable
  • E. Patsrana & R. Bustos, « Bonne formation pour de bons jugements » - Le programme HELP (formation aux droits de l’homme pour les professionnels du droit) du Conseil de l’Europe

Call for Papers: ASIL Anti-Corruption Law Interest Group Works-in-Progress Conference

The Anti-Corruption Law Interest Group of the American Society of International Law has issued a call for papers for its first works-in-progress conference. The conference is cosponsored with the Faculty of Law at Ono Academic College and is organized in close cooperation with the Organisation for Economic Co-operation and Development. The conference will take place in Kiryat Ono, Israel, on December 16 2019. The call is here.

Monday, May 20, 2019

Call for Session Ideas: 2020 ASIL Annual Meeting

The American Society of International Law has issued a call for session ideas for its 114th Annual Meeting, which will take place April 1-4, 2020, in Washington, DC. The conference theme is: "The Promise of International Law." The deadline is July 16, 2019. Here's the call:

The Promise of International Law

In a world of increasing polarization and threats to individual and collective security, many turn to international law for guidance and protection, while others consider this body of law and the institutions that apply it ill-equipped to address evolving needs. Has international law lived up to its full potential and is it equipped to safeguard the peaceful coexistence of its subjects, to protect human rights and the environment, and to contribute to the attainment of shared prosperity?

The year 2020 will give us much to reflect upon and to reaffirm. Even as states have withdrawn or sought to withdraw from agreements such as the Trans-Pacific Partnership, the Paris Agreement on Climate Change, and the Treaty on European Union, the international community will commemorate other enduring institutions and commitments in 2020. For example, the United Nations will mark its 75th anniversary amidst calls for significant reforms to global governance. The year 2020 also will see the celebration of the 100th anniversary of the entry into force of the Treaty of Versailles and of the Covenant of the League of Nations, the 50th anniversary of the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States, and the 20th anniversary of UN Security Council Resolution 1325 on women, peace and security. At the same time, the year 2020 will serve as a reminder that we have but ten years left to achieve the UN Sustainable Development Goals, which envisage "a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination."

At its 114th Annual Meeting in 2020, the American Society of International Law (ASIL) invites policymakers, practitioners, academics, and students of international law to reflect upon the successes and failures of international law. Has international law held states, military forces, multinational corporations, and other actors – both public and private – to account for their international obligations? What role do regulatory bodies, international institutions, and non-governmental organizations play in actualizing the objectives of international law? Can and should international law be expected to produce just outcomes in all circumstances? The Annual Meeting presents an opportunity for the Society to take stock of the past successes and failures of international law while reaffirming the promise it holds for the future.

Thematic Tracks:

  • International Human Rights, Humanitarian Law, and Criminal Justice
  • Transnational Litigation, Arbitration, and Dispute Resolution
  • Trade, Investment, Finance, and Technology
  • Sustainable Development and Global Governance
  • Security, Foreign Relations, and Use of Force
  • Energy, Environment, Sea, and Space

Call for Session Ideas

To suggest a session to the Committee, please complete the form below by no later than July 16, 2019.

Click to Access Proposal Form

Mitchell & Mishra: Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute

Andrew D Mitchell (Univ. of Melbourne - Law) & Neha Mishra (Univ. of Melbourne - Law) have posted Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute (Journal of International Economic Law, forthcoming). Here's the abstract:
While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (‘WTO’) discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, that take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promote digital inclusion of developing countries and incorporate clear exceptions for legitimate domestic policies.

Yilma: The United Nations' Evolving Privacy Discourse and Corporate Human Rights Obligations

Kinfe Micheal Yilma (Addis Ababa Univ. - Law) has posted an ASIL Insight on The United Nations' Evolving Privacy Discourse and Corporate Human Rights Obligations.

SFDI: Santé et droit international : Colloque de Rennes

The Société Française pour le Droit International has published Santé et droit international : Colloque de Rennes (Pedone 2019). The table of contents is here.

New Issue: Human Rights Review

The latest issue of the Human Rights Review (Vol. 20, no. 2, June 2019) is out. Contents include:
  • Janet Elise Johnson & Xenia Marie Hestermann, How Human Rights Advocates Influence Policy at the United Nations
  • Won Geun Choi, Asian Civil Society and Reconfiguration of Refugee Protection in Asia
  • Stephen Arves & Joseph Braun, On Solid Ground: Evaluating the Effects of Foundational Arguments on Human Rights Attitudes
  • Cinthya Alberto & Mariana Chilton, Transnational Violence Against Asylum-Seeking Women and Children: Honduras and the United States-Mexico Border
  • Janne Mende, The Concept of Modern Slavery: Definition, Critique, and the Human Rights Frame

Sunday, May 19, 2019

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 10, no. 1, 2019) is out. Contents include:
  • Transnational Food Security
    • Domenico Giannino, Are we looking up or are we looking out? The transnational constitutionalism of the Inter-American Court of Human Rights: conventionality control and the fight against impunity
    • Samantha Besson, International courts and the jurisprudence of statehood
    • Paul Burgess, Deriving the international Rule of Law: an unnecessary, impractical and unhelpful exercise
    • Priya S. Gupta, The fleeting, unhappy affair of Amazon HQ2 and New York City
    • Stephen Minas, Why the ICJ’s Chagos Archipelago advisory opinion matters for global justice—and for ‘Global Britain’

Friday, May 17, 2019

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 60, no. 1, Winter 2019) is out. Contents include:
  • Martha Minow, Do Alternative Justice Mechanisms Deserve Recognition in International Criminal Law?: Truth Commissions, Amnesties, and Complementarity at the International Criminal Court
  • Richard C. Chen, Precedent and Dialogue in Investment Treaty Arbitration
  • Ori Sharon, Tides of Climate Change: Protecting the Natural Wealth Rights of Disappearing States
  • C.J.W. Baaij, Hiding in Plain Sight: The Power of Public Governance in International Arbitration

Young: The Future of Economic and Social Rights

Katharine G. Young (Boston College - Law) has published The Future of Economic and Social Rights (Cambridge Univ. Press 2019). The table of contents is here. Here's the abstract:
The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.

Thursday, May 16, 2019

Rochow: Transnationale Nomaden im Völkerrecht

Moritz von Rochow has published Transnationale Nomaden im Völkerrecht (Duncker & Humblot 2019). Here's the abstract:
Dieses Buch untersucht, wie das Völkerrecht des 21. Jahrhunderts den Herausforderungen einer klimatisch bedingt mobilen Gesellschaft gewachsen ist und wie sich das Recht der Territorialstaaten mit dem Rule of the Clan nomadischer Völker versöhnen lässt. Noch bis zu Beginn des 20. Jahrhunderts war eine weltweite Freizügigkeit als Menschenrecht anerkannt und auch nomadische Völker hatten den Status von Völkerrechtssubjekten. Erstaunlicherweise sind mobile Völker seitdem nahezu ganz aus der völkerrechtlichen Literatur verschwunden. Diese Lücke schließt das Buch. Der Versuch, die Welt in ein Raster aus Territorialstaaten zu pressen, ist mit Blick auf jene Gemeinschaften, die auf ein unberechenbares Klima seit Jahrtausenden durch Migration reagieren, gescheitert. Dort, wo einst durch Europäer gezogene Linien postkolonial zu Staatsgrenzen erstarkt sind, geraten migrierende Menschen in Konflikt mit dem Territorialstaatsmodell, auf dem das heutige Völkerrecht aufbaut.

Voigt: International Judicial Practice on the Environment: Questions of Legitimacy

Christina Voigt (Univ. of Oslo - Law) has published International Judicial Practice on the Environment: Questions of Legitimacy (Cambridge Univ. Press 2019). The table of contents is here. Here's the abstract:
More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.

Peters: Humanisme, constitutionnalisme, universalisme : Etude de droit international et comparé

Anne Peters (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht) has published Humanisme, constitutionnalisme, universalisme : Etude de droit international et comparé (Pedone 2019). Here's the abstract:
Le droit international et sa doctrine sont en pleine crise existentielle. C’est à leur chevet que se porte ce recueil d’articles signés par Anne Peters. Il faut repenser le droit international, écrit-elle. Pour cela, cependant, il faut repartir des fondamentaux, c’est-à-dire de l’épistémologie. Ici, les qualités et l’érudition de l’auteure comme internationaliste, constitutionnaliste et comparatiste apportent un regard original et très riche qui revisite non seulement le droit international mais également la manière dont il se pense. En particulier, l’auteure se livre à une critique des critiques faites au modernisme. S’il y a de vrais apports de la part de la critique post-moderne, elle y voit également des limites, contradictions et exagérations. Il faudrait donc tenir compte de ce mouvement pour le dépasser pour un « post-postmodernisme » qui emprunte ce qu’il y a de bon dans les divers courants de doctrine(s). Deux des directions proposées sont une nouvelle approche du constitutionnalisme mondial et une reformulation du droit international fondée sur le respect des droits de la personne humaine.

Call for Applications: Methodological Challenges in International Legal Research

The Chinese Initiative on International Law has issued a call for applications for junior scholars for a workshop on "Methodological Challenges in International Legal Research," July 11, 2019, in The Hague. The call is here.

New Issue: European Journal of International Security

The latest issue of the European Journal of International Security (Vol. 4, no. 2, June 2019) is out. Contents include:
  • Stefan Elbe & Gemma Buckland-Merrett, Entangled security: Science, co-production, and intra-active insecurity
  • Alexandria Nylen & Charli Carpenter, Questions of life and death: (De)constructing human rights norms through US public opinion surveys
  • Marc R. DeVore, Strategic satisficing: Civil-military relations and French intervention in Africa
  • Miguel Alberto N. Gomez, Sound the alarm! Updating beliefs and degradative cyber operations
  • Faye Donnelly & Brent J. Steele, Critical Security History: (De)securitisation, ontological security, and insecure memories
  • Alexander Lanoszka, Disinformation in international politics

Seibert-Fohr & Weniger: Compliance Monitoring under the International Covenant on Civil and Political Rights

Anja Seibert-Fohr (Universität Heidelberg - Law) & Christine Weniger (Universität Heidelberg - Law) have posted Compliance Monitoring under the International Covenant on Civil and Political Rights. Here's the abstract:
Despite their unequivocal international commitments, many States continue to neglect their human rights obligations domestically and do not give effect to human rights at the local level. The international community, once primarily concerned with the codification of human rights standards, has therefore accelerated its efforts to monitor and induce compliance over the past decades. The Human Rights Committee as a fundamental pillar of the UN Human Rights System has become a pioneer in this respect. As the main treaty body charged with monitoring the implementation of the International Covenant on Civil and Political Rights it was the first institution to introduce a follow-up procedure to its individual complaint mechanism. It subsequently extended this mechanism to the state reporting procedure and developed a grading scheme to assess the national measures taken in response to its recommendations. This article locates the follow-up procedures within the UN system, identifies the relevant stakeholders and explains the strategies to overcome resistance. In view of the Committee’s almost three decades long follow-up experience it is time now to take stock and evaluate this procedure in order to determine whether it has contributed to the compliance by States with their international human rights commitments. Based on the experience gained in the course of the follow-up proceedings and with compliance, more generally, we offer a critical evaluation of compliance monitoring and a perspective for future developments.

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 37, no. 1, 2019) is out. Contents include:
  • Jan Grue, Inclusive Marginalisation? A Critical Analysis of the Concept of Disability, Its Framings and Their Implications in the United Nations Convention on the Rights of Persons with Disabilities
  • Anne Vestergaard, Frederik Schade & Michael Etter, How to Study Public Negotiation of Responsibilities: A Communicative Approach to Business and Human Rights Research
  • Eduard Jordaan, Elephants in the Room: Botswana and the United Nations Universal Period Review
  • Leyla-Denisa Obreja, Human Rights Law and Intimate Partner Violence: Towards an Intersectional Development of Due Diligence Obligations

New Issue: Asian Journal of WTO & International Health Law and Policy

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 14, no. 1, 2019) is out. Contents include:
  • Raj Bhala & Nathan Deuckjoo (D.J.) Kim, The WTO’s Under-Capacity to Deal with Global Over-Capacity
  • Jaemin Lee, Trade Agreements’ New Frontier—Regulation of State-Owned Enterprises and Outstanding Systemic Challenges
  • Sofía Boza, Rodrigo Polanco & Macarena Espinoza, Nutritional Regulation and International Trade in APEC Economies: The New Chilean Food Labeling Law
  • Alice Maxwell, Plainly Justifiable? The World Trade Organization’s Ruling on the Validity of Australia’s “Plain Packaging” Under Article 20 of the TRIPS Agreement
  • Gaegoung Kim & Minjung Kim, Regulatory Development and Challenges for the Regionalization Provisions in the WTO SPS Agreement and Regional Trade Agreements
  • Hochang Roh & Jongho Kim, A Comparative Study on the Protection of Citizens’ Right to Health Focus on the Public Health Policy of Korea and the USA
  • Tsung-Ling Lee, Two Minutes to Midnight—What International Law Can Do about Genome Editing
  • Lawrence O. Gostin, Global Health Security in an Era of Explosive Pandemic Potential

Duxbury & Tan: Can ASEAN Take Human Rights Seriously?

Alison Duxbury (Univ. of Melbourne - Law) & Tan Hsien-Li (National Univ. of Singapore - Law) have published Can ASEAN Take Human Rights Seriously? (Cambridge Univ. Press 2019). Here's the abstract:
The adoption of the ASEAN Charter in 2007 represented a watershed moment in the organisation's history - for the first time the member states explicitly included principles of human rights and democracy in a binding regional agreement. Since then, developments in the region have included the creation of the ASEAN Intergovernmental Commission on Human Rights in 2009 and the adoption of the ASEAN Human Rights Declaration in 2012. Despite these advances, many commentators ask whether ASEAN can take human rights seriously. The authors explore this question by comprehensively examining the new ASEAN human rights mechanisms in the context of existing national and international human rights institutions. This book places these regional mechanisms and commitments to human rights within the framework of the political and legal development of ASEAN and its member states and considers the way in which ASEAN could strengthen its new institutions to better promote and protect human rights.

Hathway, Strauch, Walton, & Weinberg: What is a War Crime?

Oona A. Hathaway (Yale Univ. - Law), Paul Strauch (Yale Univ. - Law), Beatrice Walton (International Court of Justice), & Zoe Weinberg (Yale Univ. - Law) have posted What is a War Crime? (Yale Journal of International Law, forthcoming). Here's the abstract:
What is a war crime? Do all violations of the international law of war qualify as war crimes? And are all war crimes violations of the law of war? Academics, international criminal tribunals, and domestic courts have struggled to adopt consistent and comprehensive answers to these questions. To date, the most common approach has been to specify an act as a war crime if it violates the law of war and has been “criminalized.” Although this approach has the appeal of simplicity, it lacks a deep underlying justification and fails to adequately guide criminal tribunals, courts, and commissions. This Article instead identifies the core features of war crimes untethered from prior criminalization. We show that, despite differences in war crimes across jurisdictions and statutes, agreement exists as to the core features of war crimes. A war crime has two key elements: (1) a breach of international humanitarian law (IHL) that is (2) “serious.” Several practical implications follow from defining war crimes in this way: First, it provides a clearer standard for domestic courts holding individuals accountable for war crimes. Second, it clarifies the reach of international legal obligations requiring States to investigate violations of the law of war. Third, it provides clearer guidance for determining whether charges lodged in military commissions are in accordance with the “law of nations,” as required by Article I of the U.S. Constitution. And fourth, it helps to clarify the extent to which combatants can be subject to war crimes prosecutions.

New Issue: Melbourne Journal of International Law

The latest issue of the Melbourne Journal of International Law (Vol. 19, no. 2, 2018) is out. Contents include:
  • Dorothea Anthony, Resolving UN Torts in US Courts: Georges v United Nations
  • Eliana Cusato, From Ecocide to Voluntary Remediation Projects: Legal Responses to ‘Environmental Warfare’ in Vietnam and the Spectre of Colonialism
  • Philipp Eschenhagen & Max Jürgens, Protective Jurisdiction in the Contiguous Zone and the Right of Hot Pursuit: Rethinking Coastal States’ Jurisdictional Rights
  • Juliette McIntyre, Put on Notice: The Role of the Dispute Requirement in Assessing Jurisdiction and Admissibility before the International Court
  • Rosemary Mwanza, Enhancing Accountability for Environmental Damage under International Law: Ecocide as a Legal Fulfilment of Ecological Integrity
  • Nanda Oudejans, Conny Rijken & Annick Pijnenburg, Protecting the EU External Borders and the Prohibition of Refoulement
  • Thea Philip, Climate Change Displacement and Migration: An Analysis of the Current International Legal Regime’s Deficiency, Proposed Solutions and a Way Forward for Australia
  • Margaretha Wewerinke-Singh & Tess Van Geelen, Protection of Climate Displaced Persons under International Law: A Case Study from Mataso Island, Vanuatu
  • Nathan Yaffe, Indigenous Consent: A Self-Determination Perspective
  • Antony Anghie, Race, Self-Determination and Australian Empire
  • Richard Garnett, Increasing Co-Operation between Australia and China in the Recognition and Enforcement of Judgments

Wednesday, May 15, 2019

Voulgaris: Allocating International Responsibility Between Member States and International Organisations

Nikolaos Voulgaris (European Law and Governance School; European Public Law Organization) has published Allocating International Responsibility Between Member States and International Organisations (Hart Publishing 2019). Here's the abstract:

The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas.

This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.

Chaumette & Haupais: Religion et droit international

Anne-Laure Chaumette (Université Paris Nanterre - Law) & Nicolas Haupais (Université d'Orléans - Law) have published Religion et droit international (Pedone 2019). The table of contents is here. Here's the abstract:
A une époque où la question religieuse occupe une place croissante au sein du débat public, cet ouvrage s’attache à déterminer l’influence du fait religieux dans le champ du droit international. Issu d’un colloque organisé sous l’égide du Centre de Recherche Juridique Pothier de l’Université d’Orléans et du Centre de droit international de Nanterre, il vient prolonger les réflexions menées en 2014 lors d’une précédente manifestation portant sur les rapports entre le politique et le religieux dans la construction et l’évolution de l’État. Il entend vérifier si et dans quelle mesure la religion a pu être et est encore un facteur structurant du droit international (et des relations internationales). La religion a-t-elle encore, dans le champ du droit international, un rôle dans son élaboration, la formation des normes, la manière dont il est appréhendé ? La religion exerce-t-elle une quelconque influence dans la formation de l’État ? dans le règlement pacifique des différends ou le maintien de la paix ? Dans quelle mesure, les entités confessionnelles internationales et les confréries religieuses sont-elles des acteurs influents des relations internationales ? Telles sont quelques-unes des questions auxquelles les contributions, ici réunies, s’essayent de répondre.

Tuesday, May 14, 2019

Dykes: Researching International Tax Law

Christopher C. Dykes (Univ. of Houston - Law) has posted Researching International Tax Law (GlobaLex, April 2019)

Kassoti & Vatsov: A Missed Opportunity? Unilateral Declarations by the European Union and the European Court of Justice’s Venezuelan Fisheries Judgment

Eva Kassoti (T.M.C. Asser Instituut) & Mihail Vatsov (Univ. of Edinburgh) have posted A Missed Opportunity? Unilateral Declarations by the European Union and the European Court of Justice’s Venezuelan Fisheries Judgment (International Journal of Marine and Coastal Law, forthcoming). Here's the abstract:
The EU has entered into many binding undertakings (international agreements) with third States on access to fisheries resources. In the Venezuelan Fisheries case, the ECJ was, for the first time, confronted with an EU unilateral declaration granting fishing opportunities in EU waters to Venezuela-flagged vessels. We argue, contrary to ECJ’s conclusion, that the declaration is a binding unilateral act and not an international agreement. This case is important for the burgeoning debate on the ECJ’s approach to international law. It represents a missed opportunity for the ECJ to clarify its previous case-law on the broad concept of ‘international agreement’ and align it with relevant international jurisprudence and doctrine. More fundamentally, it is a missed opportunity for the ECJ to truly develop and shape international law practice and doctrine on unilateral acts by international organisations – an omission that does not comport with the EU’s self-projection as an internationally engaged polity.

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 21, no. 2, 2019) is out. Contents include:
  • Gloria Fernández Arribas, The Narrow Protection of Cultural Properties and Historical Monuments in The Rome Statute: Filling the Gap
  • Zachary Allen Roy Phillips, Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre
  • Babatunde Fagbayibo, Some Thoughts on Centring Pan-African Epistemic in the Teaching of Public International Law in African Universities
  • Sumith Suresh Bhat, A Study of the Issue of ‘Relevant Rules’ of International Law for the Purposes of Interpretation of Treaties under Article 31(3)(c) of the Vienna Convention on the Law of Treaties

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 88, no. 2, 2019) is out. Contents include:
  • Sia Spiliopoulou Åkermark, Tatu Hyttinen & Pirjo Kleemola-Juntunenc, Life on the Border: Dealing with Territorial Violations of the Demilitarised and Neutralised Zone of the Åland Islands
  • William Joseph Simonsick, Is Provisional Application on the Rise in International Investment Agreements? The European Union’s Recent Treaty Practice and the Curious Case of Von Pezold
  • Meltem Ineli-Ciger, Remedies Available against Asylum Decisions and Deportation Orders in Turkey: An Assessment in View of European Law and the European Convention on Human Rights
  • Jie (Jeanne) Huang, Reciprocal Recognition and Enforcement of Foreign Judgments in China: Promising Developments, Prospective Challenges and Proposed Solutions
  • Nathanael Tilahun Ali, States’ Varied Compliance with International Anti-money Laundering Standards for Legal Professionals

Saab: Narratives of Hunger in International Law: Feeding the World in Times of Climate Change

Anne Saab (Graduate Institute of International and Development Studies) has published Narratives of Hunger in International Law: Feeding the World in Times of Climate Change (Cambridge Univ. Press 2019). Here's the abstract:
This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.

Monday, May 13, 2019

Contesse: Case of Barrios Altos and La Cantuta v. Peru

Jorge Contesse (Rutgers Univ. - Law) has posted Case of Barrios Altos and La Cantuta v. Peru (American Journal of International Law, forthcoming). Here's the abstract:
On May 30, 2018, the Inter-American Court of Human Rights ordered Peru to review the presidential pardon granted to former president and dictator Alberto Fujimori, who had been convicted and imprisoned for his role in serious human rights violations. The Peruvian Supreme Court obliged and, after examining the merits of the presidential pardon through a special procedure set up to assess the pardon’s conformity with international human rights law, invalidated the pardon, effectively reinstating Fujimori’s imprisonment for crimes against humanity. The Inter-American Court’s form of engagement with Peruvian law—which I refer to as “constrained deference”—is novel and could be a sound method of interaction with states in future cases.

Call for Papers: Prison Abolition, Human Rights, and Penal Reform: From the Local to the Global

The Bernard and Audre Rapoport Center for Human Rights and Justice at the University of Texas at Austin School of Law has issued a call for papers for a conference on "Prison Abolition, Human Rights, and Penal Reform: From the Local to the Global," to be held September 26-28, 2019. The call is here.

King, Walker, & Gurulé: The Palgrave Handbook of Criminal and Terrorism Financing Law

Colin King (Univ. of Sussex - Law), Clive Walker (Univ. of Leeds - Law), & Jimmy Gurulé (Univ. of Notre Dame - Law) have published The Palgrave Handbook of Criminal and Terrorism Financing Law (Palgrave Macmillan 2019). Here's the abstract:
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights.

Call for Papers: Mining Regulation & Disputes

A call for papers has been issued for a conference on "Mining Regulation & Disputes," to be held March 27, 2020, at the Swiss Institute of Comparative Law. The call is here.

Call for Submissions: Palestine Yearbook of International Law

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

THE PALESTINE YEARBOOK OF INTERNATIONAL LAW

Call for Papers (Volume XXII, 2019)

The Palestine Yearbook of International Law is now inviting submissions of scholarly articles for publication for its next volume, XXII (2019). This is a general call for papers.

As such, the editors encourage the submission of scholarly pieces of relevance to public international law, including but not necessarily in relation to Palestine and the Palestinian people.

The Yearbook is published in the English language, is edited at Birzeit University’s Institute of Law (Birzeit, Palestine), and published by Martinus Nijhoff Publishers (The Hague, The Netherlands). The Editor-in-Chief of the Yearbook is Mr. Ardi Imseis.

The Yearbook is now accepting abstracts for review. Abstracts should include a working title, with a preliminary outline of the author’s research and arguments, along with a current CV.

Important Dates and Contact Information

Prospective authors should express interest by e-mailing an abstract (of under 750 words) of the suggested paper as indicated above, along with a CV by June 15, 2019 (extended from April 15, 2019). If full manuscripts are available by that date, prospective authors should feel free to send those instead by that date.

All submissions should be made to:

  • Ms. Reem Al-Botmeh: rbotmeh@birzeit.edu and iol.pyil@birzeit.edu; and
  • Mr. Ata Hindi: atahindi@yahoo.com.
For more on the Palestine Yearbook of International Law, see here.

Jalloh, Clarke, & Nmehielle: The African Court of Justice and Human and Peoples' Rights in Context: Development and Challenges

Charles C. Jalloh (Florida International Univ. - Law), Kamari M. Clarke (Univ. of California, Los Angeles - Anthropology), & Vincent O. Nmehielle (African Development Bank) have published The African Court of Justice and Human and Peoples' Rights in Context: Development and Challenges (Cambridge Univ. Press 2019). The table of contents is here. Here's the abstract:
The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions.

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 88, no. 1, 2019) is out. Contents include:
  • Special Issue: An Anatomy of Autonomy
    • Jan Klabbers & Panos Koutrakos, Introduction: An Anatomy of Autonomy
    • Niamh Nic Shuibhne, What is the Autonomy of EU Law, and Why Does that Matter?
    • Panos Koutrakos, The Autonomy of EU Law and International Investment Arbitration
    • Bruno De Witte, The Relative Autonomy of the European Union’s Fundamental Rights Regime
    • Nigel D. White, Peacekeeping Doctrine: An Autonomous Legal Order?
    • J. Klabbers, Interminable Disagreement: Reflections on the Autonomy of International Organisations

Call for Papers: Military Justice and Armed Conflict: Old Problems, New Challenges

The Minerva Center for Human Rights at the Hebrew University of Jerusalem and the Delegation of the International Committee of the Red Cross (ICRC) in Israel and the Occupied Territories have issued a call for papers the 14th Annual Minerva/ICRC Conference on International Humanitarian Law. The theme is: "Military Justice and Armed Conflict: Old Problems, New Challenges." The call is here.

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 34, no. 2, 2019) is out. Contents include:
  • Tullio Treves, ‘Due Regard’ Obligations under the 1982 UN Convention on the Law of the Sea: The Laying of Cables and Activities in the Area
  • Valentin J. Schatz, Alexander Proelss & Nengye Liu, The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean: A Critical Analysis
  • Tullio Scovazzi, Sunken Spanish Ships before American Courts
  • Solène Guggisberg, The EU’s Regulation on the Sustainable Management of External Fishing Fleets: International and European Law Perspectives
  • Fayokemi Ayodeji Olorundami, Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award
  • Rozemarijn Roland Holst, The Netherlands: The 2018 Agreement between The Ocean Cleanup and the Netherlands

Conference: Global Governance at a Critical Moment: Insights from Asia

On July 14, 2019, the Japan Chapter of the Asian Society of International Law will hold its 10th Anniversary Annual Conference at Meiji Gakuin University, in Tokyo. The theme is: "Global Governance at a Critical Moment: Insights from Asia." The program is here. Here's the idea:

The year 2019 marks a century since the signing of the Covenant of the League of Nations. In the wake of the two world wars, people pledged to establish conditions under which justice and respect for international law can be maintained.

International organizations and institutions, including treaty and non-treaty bodies as well as administrative and judicial bodies, have since been developed in the pursuit of peace and prosperity. They range from universal organizations, such as the United Nations, to regional ones, such as the Association of Southeast Asian Nations. Their respective mandates extend over a wide range of areas such as security, environment, human rights, economy, and dispute settlement. They have been lauded as contributing to global governance, of which Asia has been both a beneficiary and a promoter.

Today, distrust of international organizations and institutions is spreading among people. They are being criticized for not only failing to properly address the concerns of the international community but also undermining its essential values. The demand for the restructuring of global governance is growing. Amid the rise of populism, global governance stands at a crossroads of demise or resurrection.

The objective of the Conference is to look back at the history of global governance and look ahead to its future.

Del Vecchio & Virzo: Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Angela Del Vecchio (LUISS Guido Carli - Law) & Roberto Virzo (Università degli Studi del Sannio di Benevento - Law) have published Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals (Springer 2019). Contents include:
  • Giuseppe Cataldi, The Contribution of Benedetto Conforti to the International Law of the Sea
  • Roberto Virzo, The ‘General Rule of Interpretation’ in the International Jurisprudence Relating to the United Nations Convention on the Law of the Sea
  • Guillaume Le Floch, La coutume, la CNUDM et la Cour internationale de Justice
  • Valérie Boré Eveno, L’interprétation de l’article 121 de la Convention des Nations Unies sur le droit de la mer par la Cour internationale de Justice
  • Niels M. Blokker, Governance of the International Tribunal of the Law of the Sea: The Role of the Meeting of States Parties to the Law of the Sea Convention
  • Alexander Proelss, The Contribution of the ITLOS to Strengthening the Regime for the Protection of the Marine Environment
  • Yoshifumi Tanaka, The Requirement of Urgency in the Jurisprudence of ITLOS Concerning Provisional Measures
  • Miguel García García-Revillo, The Jurisdictional Debate in the Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (SRFC) to the International Tribunal for the Law of the Sea
  • Enrico Zamuner, The Interpretative Value of the Principle of the Common Heritage of Mankind and the Interests and Needs of Developing Countries in the United Nations Convention on the Law of the Sea
  • Andrea Cannone, The Provisional Measures in The “Enrica Lexie” Incident Case
  • Otto Spijkers, Non-participation in Arbitral Proceedings Under Annex VII United Nations Convention on the Law of the Sea: Arctic Sunrise and South China Sea Compared
  • Mario Gervasi, The Interpretation of the United Nations Convention on the Law of the Sea in the Chagos Marine Protected Area Arbitration: The Influence of the Land Sovereignty Dispute
  • Andrea Insolia, The Law of Maritime Delimitation in the Croatia/Slovenia Final Award
  • Andrea Caligiuri, Les liens entre la CEDH et le droit de la mer dans la jurisprudence de la Cour européenne des droits de l’homme
  • Gabriela A. Oanta, The European Court of Justice and the Interpretation of the United Nations Convention on the Law of the Sea
  • Isabelle Pingel, La Cour de justice et la représentation de l’Union européenne devant le Tribunal international du droit de la mer
  • Maria Irene Papa, The Relationship Between International Trade Law and the Law of the Sea in the WTO Dispute Settlement Practice
  • Erietta Scalieri, Discretionary Power of Coastal States and the Control of Its Compliance with International Law by International Tribunals
  • Loris Marotti, Between Consent and Effectiveness: Incidental Determinations and the Expansion of the Jurisdiction of UNCLOS Tribunals
  • Lucas Carlos Lima, The Use of Experts by the International Tribunal for the Law of the Sea and Annex VII Arbitral Tribunals
  • Francesca Delfino, ‘Considerations of Humanity’ in the Jurisprudence of ITLOS and UNCLOS Arbitral Tribunals