Friday, October 11, 2019

New Volume: Ethiopian Yearbook of International Law

The latest volume of the Ethiopian Yearbook of International Law (2018) is out. Contents include:
    Introduction
    • Zeray Yihdego, Melaku Geboye Desta, & Marta Belete Hailu, In Pursuit of Peace and Prosperity through International Law
  • Articles
    • Thomas R. Snider & Aishwarya Suresh Nair, Ten Years on: A Look at the Legacy of the Eritrea-Ethiopia Claims Commission
    • Constantinos Yiallourides & Zeray Yihdego, Disputed Territories and the Law on the Use of Force: Lessons from the Eritrea-Ethiopia Case
    • Beka Melkamu Tesgera, Patenting Developing Countries’ Traditional Knowledge As New Invention: An Examination of the Teff Processing Patent Claim by a Dutch Company and the Way Forward
    • Götz Reichert, International Water Cooperation in Europe: Lessons for the Nile Basin Countries?
    • John Paterson, Production Sharing Agreements in Africa: Sovereignty and Relationality
    • Lindsey Callahan, Contract-Farming in Cocoa Value Chains in Africa: Possibilities and Challenges
    • Joseph A. McMahon, Africa Post-Brexit in EU Development Cooperation Policy and UK Trade Policy: Investing in New Relationships?
    • Enenu O. Okwori, The Obligation of Due Diligence and Cyber-Attacks: Bridging the Gap Between Universal and Differential Approaches for States

Call for Papers: Law and Policy in European Integration (1960s-1990s)

The Max Planck Institute for European Legal History has issued a call for papers for its fourth annual conference on the legal history of the European Union, to be held June 9-10, 2020, in Frankfurt. The theme is: "Law and Policy in European Integration (1960s-1990s)." The call is here.

Chadwick: Differentiating International Terrorism and ‘Peoples’: Struggles for Self-Determination

Elizabeth Chadwick has posted Differentiating International Terrorism and ‘Peoples’: Struggles for Self-Determination (GlobaLex, September/October 2019).

Call for Papers: Independence, accountability, and domination in International Courts

PluriCourts has issued a call for papers for its annual workshop on "The Political and Legal Theory of International Courts and Tribunals," to take place June 22-23, 2020, in Oslo. The theme is: "Independence, accountability, and domination in International Courts." The call is here.

Thursday, October 10, 2019

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 25, no. 3, July-September 2019) is out. Contents include:
  • The Global Forum
    • Peter Maurer, The Geneva Conventions at Seventy Now and in the Future—A Call for Action
    • David P. Forsythe, The 1949 Geneva Conventions after Seventy Years: The Fate of Charity in Turbulent Times
  • Articles
    • Stephen Gill, Global Governance “As It Was, Is and Ought to Be”: A Critical Reflection
    • Skylar Brooks, The Politics of Regulatory Design in the Sovereign Debt Restructuring Regime
    • Laura Zamudio González, The International Commission against Impunity in Guatemala (CICIG): A Self-Directed Organization
    • Dona Azizi, Frank Biermann & Rakhyun E. Kim, Policy Integration for Sustainable Development through Multilateral Environmental Agreements: An Empirical Analysis, 2007–2016
    • Gorana Draguljić, The Climate Change Regime Complex: Path Dependence amidst Institutional Change

New Issue: International Theory

The latest issue of International Theory (Vol. 11, no. 3, November 2019) is out. Contents include:
  • Janis Grzybowski, The paradox of state identification: de facto states, recognition, and the (re-)production of the international
  • Thomas Davies, Transnational society as a mirror of international society: a reinterpretation of contemporary world order
  • Salvatore Babones & John H. S. Aberg, Globalization and the rise of integrated world society: deterritorialization, structural power, and the endogenization of international society
  • Andreas Kruck & Bernhard Zangl, Trading privileges for support: the strategic co-optation of emerging powers into international institutions
  • Kenneth A. Schultz & Henk E. Goemans, Aims, claims, and the bargaining model of war

New Volume: Max Planck Yearbook of United Nations Law

The latest volume of the Max Planck Yearbook of United Nations Law (Vol. 22, 2018) is out. Contents include:
  • Hans Corell, UN Security Council Reform—The Council Must Lead by Example
  • Michael Wood, Lessons from the ILC’s Work on ‘Immunity of State Officials’: Melland Schill Lecture, 21 November 2017
  • Mohit Khubchandani, The United States and the Paris Agreement on Climate Change
  • Andrea Carcano, On the Governance of International Judicial Institutions: The Development of Performance Indicators for the International Criminal Court
  • Carolin Mai Weber, Protection and Use of Transboundary Groundwater Resources under Public International Law—An Analysis of the UN International Law Commission’s Draft Articles on the Law of Transboundary Aquifers
  • Elena Ivanova, The Cross-Fertilization of UNCLOS, Custom and Principles Relating to Procedure in the Jurisprudence of UNCLOS Courts and Tribunals
  • Frauke Lachenmann, Sustainable Development Goal 16 at a Cross-Roads
  • Volker Roeben, Institutions of International Law: How International Law Secures Orderliness in International Affairs
  • Gautam Bhatia, Case Comment: Navtej Singh Johar v. Union of India: The Indian Supreme Court’s Decriminalization of Same-Sex Relations
  • William E. Conklin, The Nomadic Sense of Law in an International Constitutionalism
  • Mohamed Riyad M. Almosly, The Institutional and Constitutional Aspects of the Arab Maghreb Union and the Dispute on Western Sahara as an Obstacle: What Role does the European Union Play in Promoting Maghreb Regional Integration?
  • María Carmelina Londoño-Lázaro & Nicolás Carrillo-Santarelli, The Control of Conventionality: Developments in the Case Law of the Inter-American Court of Human Rights and Its Potential Expanding Effects in International Human Rights Law
  • Gabrielle Simm, Disaster Militarism? Military Humanitarian Assistance and Disaster Relief
  • Xenia Chiaramonte, Social Movements and the Legal Field: Becoming-Constituent
  • Andreas Witte, The International Regulation and Governance of Time

Eltringham: Genocide Never Sleeps: Living Law at the International Criminal Tribunal for Rwanda

Nigel Eltringham (Univ. of Sussex - Anthropology) has published Genocide Never Sleeps: Living Law at the International Criminal Tribunal for Rwanda (Cambridge Univ. Press 2019). Here's the abstract:
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 8, no. 3, November 2019) is out. Contents include:
  • Jo Shaw, ‘Shunning’ and ‘seeking’ membership: Rethinking citizenship regimes in the European constitutional space
  • Mohamed S Helal, Anarchy, ordering principles and the constitutive regime of the international system
  • Karin M Fierke & Vivienne Jabri, Global conversations: Relationality, embodiment and power in the move towards a Global IR
  • Tarunabh Khaitan, Political insurance for the (relative) poor: How liberal constitutionalism could resist plutocracy
  • Diana Panke, Franziska Hohlstein, & Gurur Polat, The constitutions of international organisations: How institutional design seeks to foster diplomatic deliberation
  • Kári Hólmar Ragnarsson, The counter-majoritarian difficulty in a neoliberal world: Socio-economic rights and deference in post-2008 austerity cases
  • Lars Viellechner, The transnational dimension of constitutional rights: Framing and taming ‘private’ governance beyond the state

New Issue: African Journal of International Criminal Justice

The latest issue of the African Journal of International Criminal Justice (2019, no. 1) is out. Contents include:
  • Joseph Rikhof & Silviana Cocan, Control in International Law
  • Ken Roberts and James G. Stewart, Delimiting Deportation, Unlawful Transfer, Forcible Transfer and Forcible Displacement in International Criminal Law: A Jurisprudential History

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 50, no. 4, 2019) is out. Contents include:
  • Jiayu Bai & Chenxing Wang, Enhancing Port State Control in Polar Waters
  • Suk Kyoon Kim, A History of and Recent Developments Concerning the Korean Peninsula Northern Limit Line (NLL)
  • Kristin Bartenstein, Between the Polar Code and Article 234: The Balance in Canada’s Arctic Shipping Safety and Pollution Prevention Regulations
  • David Testa, Coastal State Regulation of Bunkering and Ship-to-Ship (STS) Oil Transfer Operations in the EEZ: An Analysis of State Practice and of Coastal State Jurisdiction Under the LOSC

Aleinikoff & Zamore: The Arc of Protection: Reforming the International Refugee Regime

T. Alexander Aleinikoff (The New School - Zolberg Institute on Migration and Mobility) & Leah Zamore (New York Univ. - Center on International Cooperation) have published The Arc of Protection: Reforming the International Refugee Regime (Stanford Univ. Press 2019). Here's the abstract:

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility.

The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

Tuesday, October 8, 2019

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 88, no. 3, 2019) is out. Contents include:
  • Eleni Karageorgiou, The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity
  • Leena Grover, Transitional Justice, International Law and the United Nations
  • Martin Ratcovich, Extraterritorial Criminalisation and Non-intervention: Sweden’s Criminal Measures against the Purchase of Sex Abroad
  • Amalie Frese & Henrik Palmer Olsen, Spelling It Out−Convergence and Divergence in the Judicial Dialogue between cjeu and ECtHR
  • Valentin Jeutner, Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression

Boklan & Lifshits: Eurasian Economic Union Court and WTO Dispute Settlement Body: Two Housewives in One Kitchen

Daria Boklan (National Research Univ. Higher School of Economic) & Ilya Lifshits (Russian Foreign Trade Academy) have published Eurasian Economic Union Court and WTO Dispute Settlement Body: Two Housewives in One Kitchen (Russian Law Journal, Vol. 7, no. 3, 2019). Here's the abstract:
Using the approach of the United Nations International Law Commission, the law of the Eurasian Economic Union and WTO law might be regarded as autonomous complexes of rules. However, in all current disputes the DSB treats the norms of EAEU law as measures adopted by a specific EAEU member, but not as international law within the meaning of the ILC. These disputes concern import tariffs, anti-dumping investigations, and technical regulation and reveal a number of specific features. First, the EAEU measures are attributable to every EAEU member. Second, the WTO members may try to challenge in the DSB the measures adopted by an EAEU member in its national legislation based on EAEU law that affect national legislation of that EAEU member, rather than EAEU law as such. Third, “forum shopping” may arise, for the same measure can be challenged under EAEU law in the EAEU Court and under WTO law in the DSB. Finally, to overcome uncertainty concerning WTO law in EAEU Court jurisprudence, it is necessary to clarify the approach of the EAEU Court. The authors conclude that this approach should provide for the Court’s right to interpret EAEU law relying on WTO law and DSB jurisprudence. Such interpretation should be made within the context and object of the EAEU Treaty. However, the autonomous EAEU legal order cannot be implemented until the Treaty on Functioning of the Customs Union within the Multilateral Trading System is applicable.

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 19, no. 5, 2019) is out. Contents include:
  • Special Issue: The Ethnography of Armed Conflict
    • Noha Aboueldahab, The Ethnography of Armed Conflict – Introduction
    • Elena Butti & Brianne McGonigle Leyh, Intersectionality and Transformative Reparations: The Case of Colombian Marginal Youths
    • Noura Erakat, The Sovereign Right to Kill: A Critical Appraisal of Israel’s Shoot-to-Kill Policy in Gaza
    • Jaymelee Kim & Tricia Redeker Hepner, Of Justice and the Grave: The Role of the Dead in Post-conflict Uganda
    • Michelle Lokot, Challenging Sensationalism: Narratives on Rape as a Weapon of War in Syria
    • Alicia de la Cour Venning, Revolutionary Law Abidance: Kachin Rebel Governance and the Adoption of IHL in Resistance to Myanmar State Violence

New Volume: Hungarian Yearbook of International Law and European Law

The latest volume of the Hungarian Yearbook of International Law and European Law (2018) is out. Contents include:
  • Part I Treaty of Rome 60 years
    • János Martonyi, Differentation or Disintegration
    • Miklós Király, From the Treaty of Rome to the Rome Declaration – Scenarios for the European Union’s Future
    • Gyula Bándi, The Route of Environmental Regulation in European Integration with Examples
    • Csaba Törő, The Main Distinguishing Characters of the EU’s Common Foreign and Security Policy in the EU Law and Institutional System
    • Tihamér Tóth, The Competition Law Provisions of the 60-Year-Old Treaty of Rome – What Has Changed, What Has Not, and What Has Been Left Out
    • Réka Somssich, The Preliminary Ruling Procedure in a Nearly Six Decades Perspective
    • Ágota Török, Public Procurement Policy at That Time and Now – Turning Points in Legal Harmonisation I
    • Anita Németh, Public Procurement Policy Then and Now – Trends in Public Procurement Harmonisation II
  • Part II (Thematic Part): Soft Law
    • Laura Gyeney, Hard and Soft Law in EU’s Integration Policy
    • Ágnes Kovács-Tahy, Introducing the Roles of Soft Law Illustrated by a Regulatory Area in Environmental Law
    • János Ede Szilágyi, Agricultural Land Law – Soft Law in Soft Law
    • Írisz E. Horváth, Recommendation on Common Principles for Collective Redress Mechanisms
  • Part III Developments in International Law
    • Péter Kovács, On the Specificities of the International Legal Personality of the International Criminal Court
    • Bence Kis-Kelemen, Targeted Killings and Human Rights Law
    • Marcell Horváth, Belt and Road Initiative in the World of International Organizations
    • Melinda Szappanyos, Sharing Best Practice? – The EU, the Right to Water and Sanitation and the UPR
    • Anikó Szalai, Comprehensive Study of the Reservations to Treaties Made by Hungary
    • Lénárd Sándor, The Role of Corporate Social Responsibility in the Development of International Law

Monday, October 7, 2019

Zidar: The World Community between Hegemony and Constitutionalism

Andraž Zidar (Ministry of Foreign Affairs of Slovenia) has published The World Community between Hegemony and Constitutionalism (Eleven International Publishing 2019). Here's the abstract:

Two dominant trends in today’s world are hegemony and constitutionalism. The attitude of greater states or regional blocks, such as the US, Russia, China and the EU, represents hegemony. In parallel, constitutionalism is getting stronger through international organizations, international adjudicatory bodies and ‘higher norms’ of international law. While these processes represent a move away from the Westphalian inter-state logic, they also juxtapose hegemony and constitutionalism to each other.

A detailed look reveals that the two phenomena are intertwined in the sense of the antinomy. To shed more light on their complex relationship, the book surveys hegemony and constitutionalism in the field of international law. It focuses on hegemo-constitutional intersections with regard to international organizations, intervention on humanitarian grounds and international adjudication. Concrete and practical examples provide incremental developments hinting at a new structure of the world community.

von Bogdandy: The Transformative Mandate of the Inter-American System – Legality and Legitimacy of an Extraordinary Jurisgenerative Process

Armin von Bogdandy (Max Planck Institute for Comparative Public Law and International Law) has posted The Transformative Mandate of the Inter-American System – Legality and Legitimacy of an Extraordinary Jurisgenerative Process. Here's the abstract:
The American Convention on Human Rights has become a cornerstone of Latin American transformative constitutionalism. Worldwide, the Convention is perhaps the most important international instrument of this nature. The article explains how the Inter-American system received its mandate for supporting transformative constitutionalism and provides a glance into its social legitimacy today. It will show the common law of human rights it has developed and study the safeguards for its legitimate exercise. Lastly, it will sketch yardsticks to assess the system’s success and end with a note on the value of critique.

Special Issue: Rule of Law Revisited: Applying Law in Russia and Beyond

The latest issue of Review of Central and East European Law (Vol. 44, no. 3, 2019) focuses on "Rule of Law Revisited: Applying Law in Russia and Beyond." Contents include:
  • Rule of Law Revisited: Applying Law in Russia and Beyond
    • Marianna Muravyeva, Is There Rule of Law in Russia: Revisiting the Concept and Practice
    • Jeffrey Kahn, The Rule of Law under Pressure: Russia and the European Human Rights System
    • Grigory Vaypan, Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court
    • Sergey Marochkin, National and International Rule of Law: Proclaimed Adherence and Real-Life Policies
    • Thomas Kruessmann, Towards a Fresh Engagement in Rule-of-Law Cooperation: Supporting the Compliance Movement in Russia
    • Elena Sherstoboeva, Audiovisual Regulation in Russia in the Context of Council of Europe Standards
    • Maksim Karliuk, The Disintegration of the Judiciary Within Eurasian Integration

Call for Applications: Postdoctoral Fellowships with the Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?"

The Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?" invites applications for three postdoctoral fellowships starting on April 1, 2020 or at a later mutually agreed date. The call is here.

Mbengue & Maia: Tribunaux régionaux et développement du droit international : Hommage au Professeur Maurice Kamto

Makane Moïse Mbengue (Université de Genève) & Catherine Maia (Université Lusófona de Porto) have published Tribunaux régionaux et développement du droit international : Hommage au Professeur Maurice Kamto (Pedone 2019). Contents include:
  • Makane Moïse Mbengue & Catherine Maia, Préface
  • Brusil Miranda Metou, Présentation du colloque
  • Ibrahima Adamou, Discours d’ouverture
  • Jean d’Aspremont, Regional Courts and the Idea of an International Legal System
  • Brusil Miranda Metou, La Cour de justice de la CEDEAO et l’édification d’un « état de droit sous-régional » en Afrique de l’Ouest
  • Yenkong Ngangjoh-Hodu, Regional Courts and International Trade Law
  • Tarcisio Gazzini, The Contribution of Regional Courts in the Development of International Investment Law
  • Mutoy Mubiala, L’apport des cours régionales des droits de l’homme au droit international
  • Rostand Banzeu, La Cour africaine des droits de l’homme et des peuples à l’épreuve de la clause facultative d’acceptation de la juridiction obligatoire d’une juridiction internationale par l’Etat en droit international
  • Carina Calabria, Transcontinental Indigenous Rights: Contributions of the Inter-American Court of Human Rights
  • Hery Frédéric Ranjeva, L’affaire Hissène Habré sous les regards des cours régionales

Elsig, Hahn, & Spilker: The Shifting Landscape of Global Trade Governance

Manfred Elsig (Universität Bern), Michael Hahn (Universität Bern), & Gabriele Spilker (Universität Salzburg) have published The Shifting Landscape of Global Trade Governance: World Trade Forum (Cambridge Univ. Press 2019). The table of contents is here. Here's the abstract:
Today's trade regime and its rules are under pressure. Increasing societal discontent with globalization and the rise of protectionist measures threaten the trade regime's legitimacy and effectiveness. The authors explore systemic challenges to the trade regime, inter alia, related to development, migration, inequality, the digital economy and climate change. The Shifting Landscape of Global Trade Governance allows the readers, in times of change, to put current developments into context and offers an understanding of the different dynamics defining today's regulation of the global economy. Chapters authored by leading researchers from different disciplines - law, political science and economics - address the challenges of the global economic system and share novel outlooks, both theory- and data-based, for the future.

Sunday, October 6, 2019

Conference: The Punishment of Negationism. Memory Law – International Crimes and the Problem of the Denial

The Faculty of Political Science and International Studies of the University of Warsaw and the Justice Institute will hold a conference on "The Punishment of Negationism. Memory Law – International Crimes and the Problem of the Denial," on October 7-8, 2019, in Warsaw. The program is here. Registration is available here.