While international law has played a central role in creating the conditions for market liberalisation on a global scale, many international lawyers have paid less attention to the social question, leaving human welfare, social unrest, labour relations, or migration to be addressed by economists, criminologists, sociologists, or demographers.
According to Prof. Orford, the current situation of people who are dispossessed or impoverished by economic liberalisation, and the exhaustion of the world’s resources have become inescapable barriers to the continuation of ‘global business as usual’.
In her lecture, Prof. Orford puts the social question back on the international law table. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control?
Saturday, November 2, 2019
Friday, November 1, 2019
In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.
Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront.
At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
In its 70 years of existence, the International Law Commission has accomplished sterling work in many respects. Much of its output is considered to be the cornerstone of the contemporary international legal order.
However, this positive note should not distract attention from the challenges facing the Commission. Among these, the end of the “golden era” of codification, and the phenomenon of treaty fatigue call into question the relatively comfortable position of the International Law Commission. Questions arise: Is the progressive reduction in the number of conventions adopted as a result of the Commission’s work a sign of its decline? Is the increasing diversity of instruments used by the Commission a problem in terms of impact?
To answer these questions, this contribution first deals with the diversity of forms of the final products and the questions this diversity raises in terms of legal effects (II.) Once this framework for analyzing the Commission’s work has been established, its impacts are examined (III.). The contribution then focuses on the users of the Commission’s work (IV.), and also shed light on its authority (V.).
- Didac Queralt, War, International Finance, and Fiscal Capacity in the Long Run
- In Song Kim, John Londregan & Marc Ratkovic, The Effects of Political Institutions on the Extensive and Intensive Margins of Trade
- Scott F Abramson & Carles Boix, Endogenous Parliaments: The Domestic and International Roots of Long-Term Economic Growth and Executive Constraints in Europe
- Research Notes
- Rachel L. Wellhausen, International Investment Law and Foreign Direct Reinvestment
- Alexander Thompson, Tomer Broude, & Yoram Z. Haftel, Once Bitten, Twice Shy? Investment Disputes, State Sovereignty, and Change in Treaty Design
- Hyeonho Hahm, Thomas König, Moritz Osnabrügge, & Elena Frech, Who Settles Disputes? Treaty Design and Trade Attitudes Toward the Transatlantic Trade and Investment Partnership (TTIP)
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Transnational Environmental Law and ‘Other’ Environmental Laws
- Symposium: Global Environmental Law
- Elisa Morgera, Advancing the Research Agenda on Global Environmental Law
- Kati Kulovesi, Michael Mehling, & Elisa Morgera, Global Environmental Law: Context and Theory, Challenge and Promise
- Antonio Cardesa-Salzmann & Endrius Cocciolo, Global Governance, Sustainability and the Earth System: Critical Reflections on the Role of Global Law
- Natasha Affolder, Transnational Environmental Law's Missing People
- Louisa Parks & Elisa Morgera, Research Note: Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law
- Intellectual Property from a Global Environmental Law Perspective: Lessons from Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge Claudio Chiarolla
- Claire Lajaunie, Burkhard Schafer, & Pierre Mazzega, Big Data Enters Environmental Law
- Erika Techera, Legal Approaches to Shark Conservation and Management across the Indo-Pacific Small Island States
Call for papers
Polish Yearbook of International Law, vol. XXXIX: 2019
Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXIX), which will be published in June 2020. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal requirement for acceptance, we are specifically interested in articles that address issues in international and European law relating to broadly understood Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.
Submissions should be between 8.000 and 10,000 words (including footnotes) but in exceptional cases we may also accept longer works. We assess manuscripts on a rolling basis and will consider requests for expedited review in case of a pending acceptance for publication from another journal.
All details about submission procedure and required formatting are available at the PYIL’s webpage. Manuscript should be submitted via the PYIL’s submission system until 31 January 2020. You can also contact us by email (firstname.lastname@example.org).
Thursday, October 31, 2019
- Jurisdictional Reasonableness
- Introduced by Cedric Ryngaert and Michail Vagias
- William S. Dodge, Jurisdictional reasonableness under customary international law: The approach of the Restatement (Fourth) of US Foreign Relations Law
- Natalie L. Dobson, Reflections on ‘Reasonableness’ in the Restatement (Fourth) of US Foreign Relations Law
- Mistale Taylor, Reasonableness in its reasoning: How the European Union can mitigate problematic extraterritoriality on a de-territorialised internet
- Special Issue: The Rise of Preferential Agreements in Global Economic Governance
- Caroline Henckels & Markus Wagner, The Rise of Preferential Agreements in Global Economic Governance: An Introduction
- Meredith Kolsky Lewis, The Origins of Plurilateralism in International Trade Law
- Fiona Smith, Brexit as Trade Governance
- Federico Ortino & Emily Lydgate, Addressing Domestic Regulation Affecting Trade in Services in CETA, CPTPP, and USMCA: Revolution or Timid Steps?
- James Harrison, The Labour Rights Agenda in Free Trade Agreements
- Franziska Sucker, Towards Developmental Integration, Safeguards and Beyond: The Main Features of South Africa’s Preferential Trade Agreements
- Mark Davison &Patrick Emerton, The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements
The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.
Wednesday, October 30, 2019
- Martin Scheinin, How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- Gentian Zyberi, The Interpretation and Development of International Human Rights Law by the International Court of Justice
- Başak Çalı, Zeynep Elibol, & Lorna McGregor, The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- Alexandre Skander Galand, The Systemic Effect of International Human Rights Law on International Criminal Law
- Marina Aksenova, The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- Juan-Pablo Pérez-León-Acevedo, Human Rights at the Reparations System of the International Criminal Court
- Holger Hestermeyer, International Human Rights Law and Dispute Settlement in the World Trade Organization
- Freya Baetens, Invoking Human Rights: A Useful Line Of Attack Or A Defence Tool For States In Investor State Dispute Settlement
- Vasiliki Kosta, Bruno De Witte, Human Rights Norms in the Court of Justice of the European Union
- Solomon T. Ebobrah, The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- Ernst-Ulrich Petersmann, Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- Anna Petrig & Marta Bo, The International Tribunal for the Law of the Sea and Human Rights
- Payam Akhavan, Forum Shopping and Human Rights: Staring at the Empty Shelves
- Martin Scheinin, Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Julien Gourdon & James Messent, How Government Procurement Measures Can Affect Trade
- Juan He, Unilateral Trade Measures Against Illegal, Unreported and Unregulated Fishing: Unlocking a Paradigm Change in Trade-Environmental Partnerships?
- Marc D. Froese, Digital Trade and Dispute Settlement in RTAs: An Evolving Standard?
- Yong-Shik Lee, The Steel and Aluminium Quota Agreements: A Question of Compatibility with WTO Disciplines and Their Impact on the World Trading System
- Robert Black, Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?
- Jan A. Micallef, Digital Trade in EU FTAs: Are EU FTAs Allowing Cross Border Digital Trade to Reach Its Full Potential?
- Collins C Ajibo, African Continental Free Trade Area Agreement: The Euphoria, Pitfalls and Prospects