- José-Manuel Giménez-Gómez, Yabibal M. Walle, & Yitagesu Zewdu Zergawu, Trends in African Migration to Europe: Drivers Beyond Economic Motivations
- Robert Ulrich Nagel, Talking to the Shameless?: Sexual Violence and Mediation in Intrastate Conflicts
- Martin Köppel & Detlef F. Sprinz, Do Binding Beat Nonbinding Agreements? Regulating International Water Quality
- Matthew DiGiuseppe & Patrick E. Shea, The Devil’s Haircut: Investor–State Disputes over Debt Restructuring
- Pritha Dev & Konrad Grabiszewski, More Is Not Always Better: The Case of Counterterrorism Security
- Kyle Haynes, A Question of Costliness: Time Horizons and Interstate Signaling
- Austin P. Johnson, Nehemia Geva, & Kenneth J. Meier, Can Hierarchy Dodge Bullets? Examining Blame Attribution in Military Contracting
- Data Set Feature
- Deborah Avant & Kara Kingma Neu, The Private Security Events Database
Saturday, August 3, 2019
- Susanne Baer, Democracy in peril: a call for amici and amicae curiae and critical lawyering
- Clemens M. Rieder, Solidarity and territorial boundaries in a transnational context: the case of cross-border movement of patients
- Tara Smith, Challenges in identifying binding Martens Clause rules from the ‘dictates of the public conscience’ to protect the environment in non-international armed conflict
- J. Francisco Lobo, Abolishing atomic warfare? Nuclear power and natural-international law in the twenty-first century
- Tomasz Widłak, Polycentric vs. fragmented: a Neo-Kelsenian order of global law
- Farnush Ghadery, #Metoo—has the ‘sisterhood’ finally become global or just another product of neoliberal feminism?
Friday, August 2, 2019
- Baekkwan Park, Amanda Murdie, & David R Davis, The (co)evolution of human rights advocacy: Understanding human rights issue emergence over time
- Valentina Carraro, Thomas Conzelmann, & Hortense Jongen, Fears of peers? Explaining peer and public shaming in global governance
- Theresa Squatrito, Magnus Lundgren, & Thomas Sommerer, Shaming by international organizations: Mapping condemnatory speech acts across 27 international organizations, 1980–2015
- Hugo Meijer & Marco Wyss, Upside down: Reframing European Defence Studies
- Martijn C Vlaskamp, The European Union and natural resources that fund armed conflicts: Explaining the EU’s policy choice for supply chain due-diligence requirements
- Stephan Klose, The emergence and evolution of an external actor’s regional role: An interactionist role theory perspective
Thursday, August 1, 2019
de la Vega & Mirza: A Practical Guide to Using International Human Rights and Criminal Law Procedures
Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations.
Marhold: Externalising Europe’s energy policy in EU Free Trade Agreements: A cognitive dissonance between promoting sustainable development and ensuring security of supply?
It is no secret that while the European Union (EU) has taken up commitments to combat climate change under the United Nations Framework Convention on Climate Change Paris Agreement and its own 2020 and 2030 climate and energy package strategy, the Union continues to be heavily dependent on the import of fossil fuels from abroad. One may even say that this leads to a cognitive dissonance, i.e. the discomfort which ensues if one holds two contradictory values, with respect to the externalisation of the Union’s energy and sustainable development policy. On the one hand, the EU aims to become a global frontrunner in the field of promoting renewable energy and sustainable development. This expresses itself through the inclusion of specific chapters on Trade and Sustainable Development in the EU’s Free Trade Agreements (FTAs) (standard since the 2011 EU-South Korea FTA). On the other, the EU realises that it is imperative to secure the Union’s security of energy supply, still largely guaranteed by fossil fuels. Therefore, the Union in parallel attempts to eliminate discriminatory practices in international fossil fuel trade in its bilateral agreements (e.g. in the EU-Ukraine Deep and Comprehensive Free Trade Agreement). This paper will explore the root causes of this cognitive dissonance and research what elements could contribute to ensuring more coherence in EU external energy policy. The objectives of sustainable development and security of supply are not necessarily contradictory per se. However, clearer delineations between the two objectives are necessary in EU external relations in general, and in the Union’s FTAs more specifically. This also applies to relations between Member States and the Union in this area, as well as to the interactions between the relevant EU institutions tasked with energy, sustainable development and the environment.
- Children in conflicts as victims and perpetrators? Reassessing the debate on child soldiers in light of the involvement of children with terrorist groups
- Introduced by Giulio Bartolini and Marco Pertile
- Nina Jorgensen, Children associated with terrorist groups in the context of the legal framework for child soldiers
- Yutaka Arai-Takahashi, Toward an emerging legal framework on child soldiers and other children that are otherwise associated with armed groups under international law
- Francesca Capone, The Children of Foreign ISIS Fighters: Which Obligations upon the States of Nationality?
- Luca Poltronieri Rossetti, Intra-Party Sexual Crimes against Child Soldiers as War Crimes in Ntaganda. “Tadic Moment” or unwarranted exercise of judicial activism?
The member states of the Association of Southeast Asian Nations (ASEAN) set themselves the ambitious aim of establishing a region-wide economic community by 2015, and to deepen it in the context of the ASEAN Economic Community (AEC) Blueprint 2025. To achieve these goals, service sector reforms will occupy a central place in ASEAN's policy pantheon. This can be attributed to both ASEAN's integration process and its deepening ties within a dense layer of external economic partners. This book takes stock of the experience of ASEAN member states in pursuing trade and investment liberalization in services. It identifies key challenges that the regional grouping can be expected to encounter in realizing its AEC Blueprint 2025 aims. Using a law and economics lens, the book assesses where ASEAN is and is headed in services trade, situating it alongside efforts at crafting a European single market for services.
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing.
This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values?
In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
Wednesday, July 31, 2019
- Max du Plessis, The Crimes Against Humanity Convention, (Overlooked) African Lessons, and the Delicate Dance of Immunity
- Kenneth A Rodman, When Justice Leads, Does Politics Follow? The Realist Limits of Prosecutorial Agency in Marginalizing War Criminals
- Thomas Weatherall, Inviolability Not Immunity: Re-evaluating the Execution of International Arrest Warrants by Domestic Authorities of Receiving States
- Mark A Drumbl, From Timbuktu to The Hague and Beyond: The War Crime of Intentionally Attacking Cultural Property
- Symposium: The Accused as Actor of International Criminal Justice
- Frédéric Mégret & Damiel Scalia, Foreword
- Alette Smeulers, Why Serious International Crimes Might Not Seem ‘Manifestly Unlawful’ to Low-level Perpetrators: A Social–Psychological Approach to Superior Orders
- Kjell Anderson, Judicial Inference of the ‘Intent to Destroy’: A Critical, Socio-legal Analysis
- Frédéric Mégret & Marika Giles Samson, Defiance, Defence, Repentance and What Lies Between: Assessing Defendants’ Shifting Postures Before International Criminal Tribunals
- Marie-Sophie Devresse & Damien Scalia, An Outsider’s View from Inside: The Experience of Acquittals before International Criminal Tribunals
Standards often remain unseen, yet they play a fundamental part in the organisation of contemporary capitalism and society at large. What form of power do they epitomise? Why have they become so prominent? Are they set to be as important for the globalisation of services as for manufactured goods? Graz draws on international political economy and cognate fields to present strong theoretical arguments, compelling research and surprising evidence on the role of standards in the global expansion of services, with in-depth studies of their institutional environment and cases including the insurance industry and business process outsourcing in India. The power of standards resembles a form of transnational hybrid authority, in which ambiguity should be seen as a generic attribute, defining not only the status of public and private actors involved in standardisation and regulation, but also the scope of issues concerned and the space in which such authority is recognised when complying to standards.
- Amaney Jamal & Helen V. Milner, Economic self-interest, information, and trade policy preferences: evidence from an experiment in Tunisia
- Caroline Granier & Nicolas Bedu, The role of banks and the state in the shaping of the French fund industry
- Jennifer Clapp, The rise of financial investment and common ownership in global agrifood firms
- Huw Macartney & Paola Calcagno, All bark and no bite: the political economy of bank fines in Anglo-America
- Mark P. Dallas, Stefano Ponte & Timothy J. Sturgeon, Power in global value chains
- Igor Logvinenko, Before the interests are invested: disputes over asset control and equity market restrictions in Russia
- Jonas Gamso, China’s rise and physical integrity rights in developing countries
- Thomas Dietz, Marius Dotzauer & Edward S. Cohen, The legitimacy crisis of investor-state arbitration and the new EU investment court system
From the Nuremberg Trials to contemporary human rights, Jews have long played prominent roles in the making of international law. But the actual ties between Jewish heritage and legal thought remain a subject of mystery and conjecture even among specialists. This volume of biographical studies takes a unique interdisciplinary approach, pairing historians and legal scholars to explore how the Jewish identities and experiences shaped their legal thought and activism. Using newly-discovered sources and sophisticated interpretative methods, this book offers an alternative history of twentieth-century international legal profession - and a new model to the emerging field of international legal biography.
- 70 Jahre Genfer Konvention
- Hans-Joachim Heintze, Humanisierung des Völkerrechts – Ausstrahlkraft des Humanitären Völkerrechts auf das Allgemeine Völkerrecht
- Maximilian Bertamini & Marius Friz, Ein kleiner Schritt für das humanitäre Völkerrecht, ein großer Sprung für die Menschlichkeit
- Stephan Koloßa, Gibt es wirklich Bedarf an einer neuen „Digitalen Genfer Konvention“?
- Joanna Frivet, Erweiterung des humanitären Völkerrechts durch internationales Strafrecht
- Corinna Dau, Israelischer Siedlungsbau und unrechtmäßige Bevölkerungsüberführung in besetzte Gebiete — Mit Fokus auf ‚indirekte Überführungen‘ gemäß Artikel 8 Abs. 2 lit. b (viii) des IStGH-Statuts
This book explores the role that states might play in promoting a cosmopolitan condition as an agent of cosmopolitanism rather than an obstacle to it. In doing so the book seeks to develop recent arguments in favour of locating cosmopolitan moral and political responsibility at the state level as either an alternative to, or a corollary of, cosmopolitanism as it is more commonly understood qua requiring transnational or global bearers of responsibility. As a result, the contributions in this volume see an on-going role for the state, but also its transformation, perhaps only partially, into a more cosmopolitan-minded institution — instead of a purely 'national' or particularistic one. It therefore makes the case that the state as a form of political community can be reconciled with various form of cosmopolitan responsibility. In this way the book will address the question of how states, in the present, and in the future, can be better bearers of cosmopolitan responsibilities?
Tuesday, July 30, 2019
Atadjanov: Humanness as a Protected Legal Interest of Crimes Against Humanity: Conceptual and Normative Aspects
Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law. The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.
Barros: Governance As Responsibility: Member States As Human Rights Protectors in International Financial Institutions
This book undertakes a specialised analysis of a topic that is highly significant both theoretically and practically. At the theoretical level, it discusses questions that have remained insufficiently answered in the fields of international human rights and institutional law. Notably, it clarifies how international human rights law conditions member states' governance role within international financial institutions and how this role is to be accommodated in the regime of international responsibility. Furthermore, the book's thorough discussion of member states' human rights due diligence duties offers a practical contribution to the understanding of what tools may be used by states to secure their human rights obligations when participating in international financial institutions. Its practical significance also relates to the examination of the various elements that must be demonstrated by an individual wishing to invoke member State responsibility for alleged human rights violations in the context of international financial institution operations.
The article investigates the judiciary of international criminal law and its developments over time. Inspired by the sociological tools of Pierre Bourdieu and building on an original dataset, the article analyses the judiciary of three international criminal courts (ICTY, ICC, ECCC). The focus of the analysis is how the composition of expertise in this judiciary reflects the wider power structure in the field of international criminal law as well as temporal developments in this structure. Responding to and reflecting these transformations, the international criminal law judiciary has been affected by a double decline of positions and prestige, and a turn towards practice as the core expertise of the field. However, despite this turn to practice, the accumulation of especially political expertise still structures access to elite positions in the international criminal law judiciary.
International migration is a defining problem of our time, and central to this problem are the ethical intuitions that dominate thinking on migration and its governance. This Article challenges existing approaches to one particularly contentious form of international migration, as an important first step toward a novel and more ethical way of approaching problems of the movement of people across national borders.
The prevailing doctrine of state sovereignty under international law today is that it entails the right to exclude nonnationals, with only limited exceptions. Whatever the scope of these exceptions, so-called economic migrants—those whose movement is motivated primarily by a desire for a better life—are typically beyond them. Whereas international refugee law and international human rights law impose restrictions on states’ right to exclude nonnationals whose lives are endangered by the risk of certain forms of persecution in their countries of origin, no similar protections exist for economic migrants. International legal theorists have not fundamentally challenged this formulation of state sovereignty, which justifies the assertion of a largely unfettered right to exclude economic migrants.
This Article looks to the history and legacy of the European colonial project to challenge this status quo. It argues for a different theory of sovereignty that makes clear why, in fact, economic migrants of a certain kind have compelling claims to national admission and inclusion in countries that today unethically insist on a right to exclude them. European colonialism entailed the emigration of tens of millions of Europeans and the flow of natural and human resources across the globe, for the benefit of Europe and Europeans. This Article details how global interconnection and political subordination, initiated over the course of this history, generate a theory of sovereignty that obligates former colonial powers to open their borders to former colonial subjects. Insofar as certain forms of international migration today are responsive to political subordination rooted in colonial and neocolonial structures, a different conceptualization of such migration is necessary: one that treats economic migrants as political agents exercising equality rights when they engage in “decolonial” migration.
Monday, July 29, 2019
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future.
- Christopher Roberts, From the State of Emergency to the Rule of Law: The Evolution of Repressive Legality in the British Empire
- Timothy William Waters, The Persecution of Stones: War Crimes, Law's Autonomy and the Co-optation of Cultural Heritage
Sunday, July 28, 2019
Rule-based global order remains a central object of study in International Relations. Constructivists have identified a number of mechanisms by which actors accomplish both the continuous reproduction and transformation of the rules, institutions, and regimes that constitute their worlds. However, it is less clear how these mechanisms relate to each other—that is, the "rules for changing the rules". This book seeks to explain how political actors know which procedural rules to engage in a particular context, and how they know when to utilize one mechanism over another. It argues that actors in world politics are simultaneously engaged in an ongoing social practice of rule-making, interpretation, and application.
By identifying and explaining the social practice of rule-making in the international system, this book clarifies why global norms change at particular moments and why particular attempts to change norms might succeed or fail at any given time. Mark Raymond looks at four cases: the social construction of great power management in the aftermath of the Napoleonic Wars; the creation of a rule against the use of force, except in cases of self-defense and collective security; contestation of the international system by al Qaeda in the period immediately following the 9/11 attacks; and United Nations efforts to establish norms for state conduct in the cyber domain. The book also shows that practices of global governance are centrally concerned with making, interpreting, and applying rules, and argues for placing global governance at the heart of the study of the international system and its dynamics. Finally, it demonstrates the utility of the book's approach for the study of global governance, the international system, and for emerging efforts to identify forms and sites of authority and hierarchy in world politics.
What explains China's response to intervention at the UN Security Council? China and Intervention at the UN Security Council argues that status is an overlooked determinant in understanding its decisions, even in the apex cases that are shadowed by a public discourse calling for foreign-imposed regime change in Sudan, Libya, and Syria. It posits that China reconciles its status dilemma as it weighs decisions to intervene: seeking recognition from both its intervention peer groups of great powers and developing states. Understanding the impact and scope conditions of status answers why China has taken certain positions regarding intervention and how these positions were justified. Foreign policy behavior that complies with status, and related social factors like self-image and identity, means that China can select policy options bearing material costs. China and Intervention at the UN Security Council offers a rich study of Chinese foreign policy, going beyond works available in breadth and in depth. It draws on an extensive collection of data, including over two hundred interviews with UN officials and Chinese foreign policy elites, participant observation at UN Headquarters, and a dataset of Chinese-language analysis regarding foreign-imposed regime change and intervention. The book concludes with new perspectives on the malleability of China's core interests, insights about the application of status for cooperation and the implications of the status dilemma for rising powers.