- Disentangling the Intervention Traffic Jam in the Sahel
- Signe Marie Cold-Ravnkilde & Katja Lindskov Jacobsen, Disentangling the security traffic jam in the Sahel: constitutive effects of contemporary interventionism
- Stephen Tankel, US counterterrorism in the Sahel: from indirect to direct intervention
- Yvan Guichaoua, The bitter harvest of French interventionism in the Sahel
- Adam Sandor, The power of rumour(s) in international interventions: MINUSMA's management of Mali's rumour mill
- Signe Marie Cold-Ravnkilde & Christine Nissen, Schizophrenic agendas in the EU's external actions in Mali
- Emil Archambault & Yannick Veilleux-Lepage, Drone imagery in Islamic State propaganda: flying like a state
- Rachel Vanderhill, Sandra F Joireman, & Roza Tulepbayeva, Between the bear and the dragon: multivectorism in Kazakhstan as a model strategy for secondary powers
- Charis Enns, Nathan Andrews, & J Andrew Grant, Security for whom? Analysing hybrid security governance in Africa's extractive sectors
- Aarie Glas & Emmanuel Balogun, Norms in practice: people-centric governance in ASEAN and ECOWAS
- Robyn Klingler-Vidra & Ye Liu, Inclusive innovation policy as social capital accumulation strategy
- Edward Howell, The juche H-bomb? North Korea, nuclear weapons and regime-state survival
Saturday, July 11, 2020
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Transnational Environmental Law in a Transformed Environment
- Gor Samvel, Non-Judicial, Advisory, Yet Impactful? The Aarhus Convention Compliance Committee as a Gateway to Environmental Justice
- Iyan Offor, Animals and the Impact of Trade Law and Policy: A Global Animal Law Question
- Aleksandra Čavoški, Science and Law in Environmental Law and Policy: The Case of the European Commission
- Jaye Ellis, Calculative Practices in International Environmental Governance: In (Partial) Defence of Indicators
- Samvel Varvastian & Felicity Kalunga, Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v. Lungowe
- Kim Bouwer, Lessons from a Distorted Metaphor: The Holy Grail of Climate Litigation
- Kai Cornelius, Der Umweltschutz im Völkerstrafrecht
- Sarah Leyli Rödiger, Staatsverbrechen als kollektives Konzept im Völkerrecht
- Benedikt C. Harzl, Passportizatsiya revisited: Extraterritorial naturalization in the cases of Abkhazia and South Ossetia
- Beiträge und Berichte
- Veris-Pascal Heintz, Der Weg zu den Leipziger Prozessen. Geschichte des Völkerstrafrechts vor Nürnberg
Thursday, July 9, 2020
- Kenneth A. Reinert, From Sustainable Development Goals to Basic Development Goals
- Amitav Acharya, The Myth of the “Civilization State”: Rising Powers and the Cultural Challenge to World Order
- Roundtable: The Ethics of Limited Strikes
- Daniel R. Brunstetter, Introduction: The Ethical, Legal, and Strategic Implications of Limited Strikes
- Daniel R. Brunstetter, Wading Knee-Deep into the Rubicon: Escalation and the Morality of Limited Strikes
- Eric A. Heinze & Rhiannon Neilsen, Limited Force and the Return of Reprisals in the Law of Armed Conflict
- Wendy Pearlman, Syrian Views on Obama's Red Line: The Ethical Case for Strikes against Assad
- Jean-Baptiste Jeangène Vilmer, A Matter of Balance: A French Perspective on Limited Strikes
- Danielle L. Lupton, The Reputational Costs and Ethical Implications of Coercive Limited Air Strikes: The Fallacy of the Middle-Ground Approach
- Review Essays
- Tanisha M. Fazal, Lengthening the Shadow of International Law
- Michael Barnett, A Problem from Washington: Samantha Power Enters the Foreign Policy Bureaucracy
- Robert Ulrich Nagel & Austin C. Doctor, Conflict-related Sexual Violence and Rebel Group Fragmentation
- Arturas Rozenas, A Theory of Demographically Targeted Repression
- Suthan Krishnarajan & Lasse Lykke Rørbæk, The Two-sided Effect of Elections on Coup Attempts
- Louis-Alexandre Berg, Civil–Military Relations and Civil War Recurrence: Security Forces in Postwar Politics
- Christoph Dworschak, Jumping on the Bandwagon: Differentiation and Security Defection during Conflict
- Julia Gray & Philip Potter, Diplomacy and the Settlement of International Trade Disputes
- Oded Adomi Leshem & Eran Halperin, Hoping for Peace during Protracted Conflict: Citizens’ Hope Is Based on Inaccurate Appraisals of Their Adversary’s Hope for Peace
- Tobias Heinrich & Timothy M. Peterson, Foreign Policy as Pork-barrel Spending: Incentives for Legislator Credit Claiming on Foreign Aid
- Geoff Dancy, Yvonne Marie Dutton, Tessa Alleblas, & Eamon Aloyo, What Determines Perceptions of Bias toward the International Criminal Court? Evidence from Kenya
- Krzysztof Krakowski, Pulled Together or Torn Asunder? Community Cohesion After Symmetric and Asymmetric Civil War
- Dorothy Kronick, Profits and Violence in Illegal Markets: Evidence from Venezuela
- Data Set Feature
- Charles Butcher, Benjamin E. Goldsmith, Sascha Nanlohy, Arcot Sowmya, & David Muchlinski, Introducing the Targeted Mass Killing Data Set for the Study and Forecasting of Mass Atrocities
- Lars-Erik Cederman, Simon Hug, Livia I. Schubiger, & Francisco Villamil, Civilian Victimization and Ethnic Civil War
- Special Issues: Military Assistance on Request (Part 1)
- Tom Ruys, Introduction
- Eliav Lieblich, Why can’t we agree on when governments can consent to external intervention? A theoretical inquiry
- Erika de Wet, The (im)permissibility of military assistance on request during a civil war
- Patrick M. Butchard, Territorial integrity, political independence, and consent: the limitations of military assistance on request under the prohibition of force
- Max Brookman-Byrne, Intervention by (secret) invitation: searching for a requirement of publicity in the international law on the use of force with consent
- Alonso Gurmendi Dunkelberg, A legal history of consent and intervention in civil wars in Latin America
- John Hursh, International humanitarian law violations, legal responsibility, and US military support to the Saudi coalition in Yemen: a cautionary tale
Wednesday, July 8, 2020
This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
McFarland: Autonomous Weapon Systems and the Law of Armed Conflict: Compatibility with International Humanitarian Law
For policymakers, this book explains the ramifications under international humanitarian law of a major new field of weapon development with a focus on questions currently being debated by governments, the United Nations and other bodies. Based on a clear explanation of the principles of autonomous systems and a survey of technologies under active development as well as some that are in use today, it provides a thorough legal analysis grounded on a clear understanding of the technological realities of autonomous weapon systems. For legal practitioners and scholars, it describes the legal constraints that will apply to use of autonomous systems in armed conflict and the measures that will be needed to ensure that the efficacy of the law is maintained. More generally, it serves as a case study in identifying the legal consequences of use of autonomous systems in partnership with, or in place of, human beings.
Monday, July 6, 2020
Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.
Carnegie & Carson: Secrets in Global Governance: Disclosure Dilemmas and the Challenge of International Cooperation
Scholars have long argued that transparency makes international rule violations more visible and improves outcomes. Secrets in Global Governance revises this claim to show how equipping international organizations (IOs) with secrecy can be a critical tool for eliciting sensitive information and increasing cooperation. States are often deterred from disclosing information about violations of international rules by concerns of revealing commercially sensitive economic information or the sources and methods used to collect intelligence. IOs equipped with effective confidentiality systems can analyze and act on sensitive information while preventing its wide release. Carnegie and Carson use statistical analyses of new data, elite interviews, and archival research to test this argument in domains across international relations, including nuclear proliferation, international trade, justice for war crimes, and foreign direct investment. Secrets in Global Governance brings a groundbreaking new perspective to the literature of international relations.
This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of IHL shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict, and merely found that a generic ‘armed conflict’ existed at the relevant time. The ICC shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may affect IHL’s scope of application, and negatively impact on an accused’s fair trial rights under international criminal law. The author proposes a fresh look at the ICC’s legal framework to solve conflict classification problems.
- Chrystie Swiney, The Urbanization of International Law and International Relations: The Rising Soft Power of Cities in Global Governance
- Haochen Sun, Reinvigorating the Human Right to Technology
- Tiyanjana Maluwa, Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties
Sunday, July 5, 2020
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law.
UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation.
The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
- Immunities of organizations under international law: Reflections in light of Jam v International Finance Corporation
- Introduced by Martina Buscemi, Zeno Crespi Reghizzi, and Chiara Ragni
- Fernando Lusa Bordin, To what immunities are international organizations entitled under general international law? Thoughts on Jam v IFC and the ‘default rules’ of IO immunity
- Yohei Okada, The immunity of international organizations before and after Jam v IFC: Is the functional necessity rationale still relevant?
Niemi, Peroni, & Stoyanova: International Law and Violence Against Women: Europe and the Istanbul Convention
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice.
- William W Park, Tax and Arbitration
- George A Bermann, The self-styled ‘autonomy’ of international arbitration
- Rutger Metsch & Rémy Gerbay, Prospect Theory and due process paranoia: what behavioural models say about arbitrators’ assessment of risk and uncertainty
- Recent Developments
- Julian Scheu & Petyo Nikolov, The setting aside and enforcement of intra-EU investment arbitration awards after Achmea
- Sahana Ramesh, Third-Party Funding in International Arbitration: Ownership of the Claim, Consequences for Costs Orders, and Regulation
- Case Notes
- Saarthak Jain & Kashish Makkar, The dilution of interim anti-arbitration injunctions in Devi Resources: pro-enforcement approach gone too far?
- Arunav Guha Roy, Gambrinus, Corp v Bolivarian Republic of Venezuela (Decision on Annulment)
Saturday, July 4, 2020
Abbott, Zangl, Snidal, & Genschel: The Governor's Dilemma: Indirect Governance Beyond Principals and Agents
The Governor's Dilemma develops a general theory of indirect governance based on the tradeoff between governor control and intermediary competence; the empirical chapters apply that theory to a diverse range of cases encompassing both international relations and comparative politics. The theoretical framework paper starts from the observation that virtually all governance is indirect, carried out through intermediaries. But governors in indirect governance relationships face a dilemma: competent intermediaries gain power from the competencies they contribute, making them difficult to control, while efforts to control intermediary behavor limit important intermediary competencies, including expertise, credibility, and legitimacy. Thus, governors can obtain either high intermediary competence or strong control, but not both. This competence-control tradeoff is a common condition of indirect governance, whether governors are domestic or international, public or private, democratic or authoritarian; and whether governance addresses economic, security, or social issues. The empirical chapters analyze the operation and implications of the governor's dilemma in cases involving the governance of violence (e.g., secret police, support for foreign rebel groups, private security companies), the governance of markets (e.g., the Euro crisis, capital markets, EU regulation, the G20), and cross-cutting governance issues (colonial empires, "Trump's Dilemma"). Competence-control theory helps explain many features of governance that other theories cannot: why indirect governance is not limited to principal-agent delegation, but takes multiple forms; why governors create seemingly counter-productive intermediary relationships; and why indirect governance is frequently unstable over time.
This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
- Colloque « L’indépendance du juge national vue par les deux Cours européennes »
- F. Krenc, Allocution introductive
- D. Spielmann, Allocution introductive
- F. Biltgen, L’indépendance du juge national vue depuis Luxembourg
- O. De Schutter, Changements climatiques et droits humains : l’affaire Urgenda
- E. Lambert, Comment rendre crédible et effective la protection des droits humains écologiques par le Conseil de l’Europe ?
- R. De Gouttes, Regards comparatifs sur le Comité des Nations Unies pour l’élimination de la discrimination raciale et la Commission européenne contre le racisme et l’intolérance
- C. Macq, L’ordre public et la sécurité nationale comme instruments de contrôle étatique en matière migratoire : quelles limites la jurisprudence européenne fixe-t-elle à l’exercice de ces prérogatives ...
- L’institut De Droit Européen Des Droits De L’homme (idedh) - Université De Montpellier, Les juridictions de l’Union européenne et les droits fondamentaux - Chronique de jurisprudence (2019)
- D. Roets, Les conditions de détention en France dans le collimateur de la Cour européenne des droits de l’homme : coup de tonnerre ou… coup d’épée dans l’eau ?
- C. Jadot, À propos des observations finales du Comité des droits de l’homme concernant le sixième rapport périodique de la Belgique
- A. Ernoux, À propos des observations finales du Comité des droits économiques, sociaux et culturels concernant le cinquième rapport périodique de la Belgique
- A-C. Rasson, À propos des observations finales du Comité des droits de l’enfant concernant les cinquième et sixième rapports périodiques de la Belgique
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts.
Casey: Nationals Abroad: Globalization, Individual Rights, and the Making of Modern International Law
It is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminating with the establishment of international courts of human rights after the Second World War.
- Fabiola Jiménez Morán Sotomayor, Medidas para optimizar la instrumentación de la Convención de las Naciones Unidas sobre el Derecho del Mar por parte de México
- Virdzhiniya Petrova Georgieva, La crisis de la Organización Mundial del Comercio: problemas e (im) posibles soluciones
- Daniel Sandoval Cervantes, Lex Petrolea, transnacionalización de la regulación de los hidrocarburos y geopolítica de la energía
- Daniel Iglesias Márquez, Empresas, derechos humanos y el régimen internacional del cambio climático: la configuración de las obligaciones climáticas para las empresas
- Rosalía Ibarra Sarlat, Indeterminación del estatus jurídico del migrante por cambio climático
- Ruth Martinón & Isabel Wences, Corte Interamericana de Derechos Humanos y pobreza. Nuevas incursiones a la luz del caso Hacienda Brasil Verde
- Cecilia Giovannetti Lugo & Cristina Montalvo Velásquez, Vulnerability of Special Agreements Signed by Non-State Armed Groups in Non-International Conflicts
- Rodrigo Labardini, The Legal Definition of the Caspian Sea
- Díckar Bonyuet Lee & Yaritza Pérez Pacheco, Sobre la independencia de los tribunales arbitrales CIADI
- Siddharta Legale, A Corte Interamericana de Direitos Humanos nos anos 80: Uma “Corte” Pedro Nikken?
- Carlos Ruiz Miguel & Yolanda Blanco Souto, Una visión de la MINURSO. Antecedentes, evolución y perspectivas
- Alejandra Marlene Gómez Barrera, Marco internacional del derecho penal para menores de edad
- Thais Novaes Cavalcanti & Ana Thereza Meireles Araújo, Derecho al desarrollo de los pueblos indígenas y Estado plurinacional: contribución de Guamán Poma de Ayala y Francisco de Vitoria
- Yadira Castillo Meneses, ¿Los Estados cómo demandantes en el arbitraje de inversión basado en tratados? Comentario al laudo Urbaser vs. Argentina
- Kayamba Tshitshi Ndouba, El andamiaje del regionalismo internacional penal africano: problemas y perspectivas
- Alan Matías Feler, ¿Condenados a moverse entre fronteras? Hacia nuevos paradigmas de la regulación internacional en materia de desplazamientos internos forzados
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof.
This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach (COIA) in international water law, and demonstrates how the approach can provide a legal framework for common management of international watercourses. Through analyses of various features of international watercourse cooperation and common management, the book determines the main principles and the underlying values of the COIA, and discusses how the approach contributes to the development of international water law.
Although the COIA is one of the central theories of international water law, very few analytical accounts of its legal features exist. Through The Community of Interest Approach in International Water Law, Howden offers a new and fresh approach to international water law that pulls together questions of holistic management, State sovereignty, public participation and river basin organisations into the analyses of the COIA and its relevance for managing transboundary watercourses today.
David: Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View
More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts’ tendency to assess them from a ‘compartmentalised’ or fragmentary perspective. This line of reasoning isolates or places into ‘boxes’ the various interrelated components of the right holder’s claim and the norms concerning the case to their detriment. This book critiques this reductionist approach that is out of touch with real life and which, moreover, tends to leave the roots of the alleged violations intact. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, afro-descendants and people living in poverty.
Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View combines legal theory with practical insights in analysing both cultural an economic issues, which are rarely addressed together in human rights legal scholarship. It also offers a context-sensitive and relational view of human rights law that puts rights holders at the heart of the legal analysis, taking heed of the social structures within which legal frameworks operate. The book makes for compelling reading for students, academics and practitioners working in the fields of human rights law, jurisprudence, constitutional law, legal theory and feminist and cultural studies.
Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought. Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition.
The failure to establish an international organisation with authority to adopt economic decisions for the world with regard to food security has cemented the position of private international corporations as free riders, contributing to precariousness. This article reviews the history and legacy of the nutrition approach in the law of International Organisations. The first promoters of international organisations working with food security shared the realist insight that food was a fundamental commodity in national and international economies. Therefore, they understood that the goal of greater distribution of food required massive structural economic reforms and truly global collaboration, starting with trade relations. Their nutrition approach was fundamentally a movement for free trade, advocating a single world economy and a single international organisation devoted to the economy, combined with the wish to secure a certain structural hierarchy among countries, articulated in turn as a programme for the (gradual) development of poorer economies. Their political realism was apparent in their wish for a hierarchical organisation of countries; and their utopianism in the idea that this hierarchy would eventually disappear. The nutrition approach also entailed a vision for a common economy and for growing political unity among countries, either on a regional or global basis, although sovereign nations resisted it and it never materialised.
Gáspár-Szilágyi, Behn, & Langford: Adjudicating Trade and Investment Disputes: Convergence or Divergence?
Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.
- J. Lawrence Broz, Zhiwen Zhang, & Gaoyang Wang, Explaining Foreign Support for China's Global Economic Leadership
- Roland Paris, The Right to Dominate: How Old Ideas About Sovereignty Pose New Challenges for World Order
- Dan Altman, The Evolution of Territorial Conquest After 1945 and the Limits of the Territorial Integrity Norm
- Jessica A. Stanton, Rebel Groups, International Humanitarian Law, and Civil War Outcomes in the Post-Cold War Era
- Research Notes
- Alisha C. Holland & Margaret E. Peters, Explaining Migration Timing: Political Information and Opportunities
- Sarah Sunn Bush & Lauren Prather, Foreign Meddling and Mass Attitudes Toward International Economic Engagement
- Eric Min, Talking While Fighting: Understanding the Role of Wartime Negotiation
Nedeski & Boutin: The Continuing Saga of State Responsibility for the Conduct of Peacekeeping Forces: Recent Practice of Dutch and Belgian Courts
In this contribution we reflect on two recent high-stakes cases before domestic courts on state responsibility for the actions and omissions of United Nations (UN) peacekeeping forces. Both cases are the result of efforts by surviving relatives of, respectively, victims of the Rwandan genocide in 1994 and victims of the Srebrenica genocide in 1995, to obtain reparation from troop-contributing states for the harm caused by UN peacekeeping troops’ failure to protect civilians. While the facts of both cases display some striking similarities, the courts reached opposite conclusions, with the Dutch Court holding the Netherlands responsible, and the Belgium Court rejecting any responsibility of the Belgium state. We critically review the two cases, and analyse in particular the approach of each court regarding attribution of conduct, paying particular attention to the specific factual circumstances of transition and withdrawal in both cases, and to the issue of attribution of legal omissions. We further present observations as to the question of shared responsibility in the context of peacekeeping operations.
- Abdulqawi Ahmed Yusuf, Engaging with International Law
- Michael Hamilton, The Meaning and Scope of ‘Assembly’ in International Human Rights Law
- Caroline Henckels, Permission to Act: The Legal Character of General and Security Exceptions in International Trade and Investment Law
- Efthymios Papastavridis, The Negotiations for A New Implementing Agreement Under the UN Convention on the Law of the Sea Concerning Marine Biodiversity
- Stijn Smet, Comparative Constitutional Interpretation of Religious Freedom
- Rumiana Yotova, Regulating Genome Editing Under International Human Rights Law
- Phoebe Okowa, The Pitfalls of Unilateral Legislation in International Law: Lessons from Conflict Minerals Legislation
- Shorter Articles
- Natalie Klein, Douglas Guilfoyle, Md Saiful Karim, & Rob McLaughlin, Maritime Autonomous Vehicles: New Frontiers in the Law of the Sea
- Ginevra Le Moli, The Human Rights Committee, Environmental Protection and the Right to Life
Trevisanut, Giannopoulos & Holst: Regime Interaction in Ocean Governance: Problems, Theories and Methods
A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from.
Friday, July 3, 2020
Zannoni: Right or Duty to Live? Euthanasia and Assisted Suicide from the Perspective of the European Convention on Human Rights
The aim of this analysis is to direct the attention of legal scholars and legislators towards the legalisation of assisted suicide and euthanasia. This topic will sooner or later make inroads into the legal systems of all Council of Europe Member States, to the extent that is has not already. Two principles are at stake here: the protection of human life, on the one hand, and self-determination, on the other. The unconditional adherence to the principle of protection of life would entail that life should always be protected, even against the will of the person concerned. The unconditional adherence to the principle of self-determination would entail that each individual should have the right to die upon request, provided that their decision is based on their free will and informed. This article clarifies that, in their absoluteness, both alternatives should be rejected, and seeks to provide a reading of the limits of Member States' margin of discretion in end-of-life issues.
What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.
Braun: International Law in Revolutionary Upheavals – On the Tension between International Investment Law and International Humanitarian Law
In a decentralised system such as public international law with its many specialised subfields, the question of how to conceptualize the relationship and interplay of its distinct subfields becomes especially salient. Moreover, this question becomes even more acute when these subfields simultaneously claim authority and possibly arrive at quite different, if not conflicting, results. In the case of civil war, a foreign investor’s production site may be destroyed. This may lead to a breach of a bilateral investment treaty if government forces are deemed sufficiently responsible for such a destruction. However, in remarkable contrast to this, under international humanitarian law of non-international armed conflicts, if the destruction was justified under the principle of ‘military necessity’, then this state action could be considered lawful.If a conflict between the norms of both regimes arises here at all, should it be resolved by the principle of ‘lex specialis’? Or should rather a more informative approach be taken? Shall therefore the ‘extended war clause’ contained in bilateral investment treaties—which offer compensation for investments demonstrably destroyed in cases in which the destruction was not required by the ‘necessity of the situation’—be interpreted in the light of humanitarian law’s principle of ‘military necessity’? Or, are there compelling arguments for an autonomous treaty interpretation on its own terms? Finally, the question is raised whether the burden of proof remaining on the plaintiff investor in these specific constellations is compatible with the principle of procedural equality.
In this essay, I argue that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The WHO was built on the mistaken assumption that attaining adequate global health is a matter of high-level coordination. However, the challenge of global health governance is, crucially, also one of complex political cooperation. I distinguish between different types of cooperation problems faced by the WHO and explain why achieving global health calls for intrusive powers by a governing authority—powers that the WHO does not enjoy.
O Instituto Brasileiro de Direito do Mar – IBDMAR apresenta o seu podcast oficial: “Ao Mar!”. Criado por iniciativa da Diretoria do IBDMAR, o podcast “Ao Mar!” segue os objetivos de disseminar informações sobre o Direito do Mar no Brasil e no mundo, informar sobre as diversas temáticas relacionadas a áreas específicas do Direito do Mar, ampliar o acesso ao conhecimento sobre o estudo jurídico de mares e oceanos e divulgar as diversas atuações do Instituto Brasileiro de Direito do Mar.
O podcast é um tipo de mídia, predominantemente em áudio, que veicula conteúdos sob demanda e com direcionamento específico a um tipo de público e tema. As vantagens do podcast são a praticidade e a atemporalidade, já que o ouvinte pode ouvir seu conteúdo em qualquer dia e horário, basta acessar o episódio na sua plataforma de streaming favorita. Assim, “Ao Mar!” é um podcast atrelado ao Instituto Brasileiro de Direito do Mar e um novo projeto para disseminar cada vez mais informação e conhecimento sobre o Direito do Mar no Brasil, fazendo parte da agenda de atuação do Instituto Brasileiro de Direito do Mar – IBDMAR.
Os episódios do podcast “Ao Mar!” são quinzenais e cada um deles traz uma entrevista com um pesquisador e profissional do Direito do Mar. O primeiro episódio foi publicado no dia 15 de junho e trata sobre o Direito do Mar no Brasil e no mundo e atuação do Instituto Brasileiro de Direito do Mar – IBDMAR com o convidado entrevistado Tiago Zanella, atual Presidente do Instituto Brasileiro de Direito do Mar. Nele, Tiago Zanella fala sobre seu primeiro contato com o Direito do Mar, a decisão de seguir nessa importante área do Direito e as diversas formas de atuação do IBDMAR. Um dos destaques do episódio é o momento em que Tiago Zanella reflete sobre uma época em que a “doutrina virou as costas para o mar no Brasil” e como o IBDMAR têm atuado para mudar essa realidade. Ouça aqui.
O segundo episódio, publicado no dia 30 de junho, recebe o convidado Leonardo Subtil em uma entrevista sobre a relação entre o Direito do Mar e Filosofia, a experiência no Tribunal Internacional do Direito do Mar e sua atuação como Vice Presidente no Instituto Brasileiro de Direito do Mar. Ao longo do episódio, a perspectiva filosófica de Leonardo Subtil sobre o Direito do Mar se mostra inovadora no estudo jurídico de mares e oceanos. Destaca-se sua fala sobre como “o Direito do Mar deve servir como um instrumento de liberdade” e que “não há limites de transformação para o Direito do Mar”. Ouça aqui.
Coordenado por André de Paiva Toledo, um dos diretores do IBDMAR, o podcast é produzido e apresentado por Lillie Lima Vieira, graduanda em Direito na Escola Superior Dom Helder Câmara e em Geografia na Universidade Federal de Minas Gerais, estagiária do Instituto.
“Ao Mar!” é distribuído pelo Anchor e está disponível em todas as plataformas de streaming, escolha a sua favorita no site https://anchor.fm/aomaribdmar. Curta e compartilhe com os amigos para ficar informado sobre o Direito do Mar!
Thursday, July 2, 2020
- Special Issue: Justice and Accountability for Sexual Violence in Conflict: Progress and Challenges in National Efforts to Address Impunity
- Kim Thuy Seelinger, Close to Home: A Short History, and Rough Typology, of National Courts Prosecuting Wartime Sexual Violence
- Claudia Martin & Susana SáCouto, Access to Justice for Victims of Conflict-related Sexual Violence: Lessons Learned from the Sepur Zarco Case
- Kirsten Lavery, South Sudanese Perceptions of Justice: The Terrain Trial
- Daniele Perissi & Karen Naimer, Achieving Justice for Child Survivors of Conflict-related Sexual Violence in the Democratic Republic of the Congo: The Kavumu Case
- Daniela Kravetz, Accountability for Sexual and Gender-based Violence During Mass Repression and in Conflict: The Experiences of Argentina and Guatemala
- Jasenka Ferizović & Gorana Mlinarević, Applying International Experiences in National Prosecutions of Conflict-related Sexual Violence: A Case Study of Application of the ICTY Law, Findings and Practices in Prosecutions before the Court of Bosnia and Herzegovina
- Myriam S Denov & Mark A Drumbl, The Many Harms of Forced Marriage: Insights for Law from Ethnography in Northern Uganda
- Phuong N Pham, Mychelle Balthazard, & Patrick Vinck, Assessment of Efforts to Hold Perpetrators of Conflict-related Sexual Violence Accountable in Central African Republic
- Stephanie Barbour, Supporting Accountability for Sexual Violence in the Syria and Iraq Conflicts: Innovations, Good Practices, and Lessons Learned through Private Criminal Investigations
- Barbara Bianchini & Sara Rubert, A Sustainable Psychosocial Model to Support the National Investigation and Prosecution of Conflict-related Sexual Violence Crimes
- Marta Valiñas, The Colombian Special Jurisdiction for Peace: A Few Issues for Consideration When Investigating and Adjudicating Sexual and Gender-based Crimes
- Ingrid Elliott, Coleen Kivlahan, & Yahya Rahhal, Bridging the Gap Between the Reality of Male Sexual Violence and Access to Justice and Accountability
- Anne-Marie de Brouwer, Eefje de Volder, & Christophe Paulussen, Prosecuting the Nexus between Terrorism, Conflict-related Sexual Violence and Trafficking in Human Beings before National Legal Mechanisms: Case Studies of Boko Haram and Al-Shabaab
- Patricia Viseur Sellers & Jocelyn Getgen Kestenbaum, Missing in Action: The International Crime of the Slave Trade
- Ana Luísa Bernardino, The Discursive Construction of Facts in International Adjudication
- Patrick Dumberry, The Emergence of the Concept of ‘General Principle of International Law’ in Investment Arbitration Case Law
- Yvonne Guo, From Conventions to Protocols: Conceptualizing Changes to the International Dispute Resolution Landscape
- Ceren Zeynep Pirim, Reparation by Pecuniary Means of Direct Moral Damages Suffered by States as a Result of Internationally Wrongful Acts
- Current Developments
- Mariana Clara de Andrade, Precedent in the WTO: Retrospective Reflections for a Prospective Dispute Settlement Mechanism
- Xinxiang Shi & Yen-Chiang Chang, Order of Provisional Measures in Ukraine versus Russia and Mixed Disputes concerning Military Activities
- Wei Cai & Jonathan Kolieb, Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements
- Gloria Fernández Arribas, Dispute Settlement Mechanism in a Mixed-Mixed Agreement: Some Loose Ends. The Economic Partnership Agreement EU–ECOWAS–WAEMU
- Shen Wei, Parallel Proceedings under Chinese BITs: The Case of Hela Schwarz GmbH v PR China
Judges and scholars have long debated whether the European Court of Human Rights (the ECtHR or the Court) can only expand, never diminish, human rights protections in Europe. Recent studies have found that political backlashes and national-level restrictions have influenced ECtHR case law. However, analysing whether the ECtHR is shifting in a regressive direction faces an empirical challenge: How can we observe whether the Court is limiting rights over time if the ECtHR has never expressly overturned a prior judgment in a way that favours the government? We gain traction on this question by analysing all separate and minority opinions of the ECtHR Grand Chamber between 1998 and 2018. We focus on opinions asserting that the Grand Chamber has tacitly overturned prior rulings or settled doctrine in a way that favours the respondent state, which we label as ‘walking back dissents’. We find that walking back dissents have become significantly more common in the last decade, revealing that some members of the ECtHR themselves believe that the Grand Chamber is increasingly overturning prior judgments in a regressive direction.
Since its inception, the European Court of Human Rights has been at the forefront of the interpretative effort to clarify and develop human rights law in controversial factual and political contexts. Given this role, this book discusses some of the most important decisions the Court has issued on the right to life under Article 2 of the European Convention on Human Rights and includes a critical analysis of the judicial developments linked to those judgments.
This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.
International organizations have been actively involved in fighting the COVID-19 pandemic, covering issues ranging from governance in the health sector to the sovereign debt payment obligations of countries whose economy has been significantly affected. These actions are producing a rich collection of documents of international organizations. In actively addressing the challenges, the documents have stirred up debates and critiques that are of particular relevance to the law and practice of international organizations. OXIO is seeking to publish new headnotes regarding such new and current institutional practice (including but not limited to that of the World Health Organization) relating to the COVID-19 pandemic.
Oxford International Organizations (OXIO) is a database of annotated documents pertaining to the law of international organizations. The database is a unique and important repository, and the first of its kind, for acts and practices of international organizations which are of central importance to enquiries into international law, including international institutional law, and which have never been consolidated in one single tool. Learn more about the database on the About OXIO page.
Wednesday, July 1, 2020
- Malcolm N. Shaw (Univ. of Leicester), Inaugural Lecture: A House of Many rooms: The Rise, Fall and Rise Again of Territorial Sovereignty
- Maurice Kamto (Université de Yaoundé), Cours général : Le droit international et le polycentrism normatif
- Alan Boyle (Univ. of Edinburgh), International Law-Making for the Environment
- Chester Brown (Univ. of Sydney), Evidence in International Adjudication
- Olivier de Schutter (Université catholique de Louvain), L'émergence de la souveraineté alimentaire en droit international
- Jose Angelo Estrella Faria (United Nations), La protection des biens culturels religieux en droit international public et en droit international privé
- Anne Orford (Univ. of Melbourne), Civil War and the Transformation of International Law
- William Schabas (Middlesex Univ. London; Leiden Univ.), Relationships Between International Criminal Law and Other Branches of International Law
HDI es un podcast jurídico en español donde se abordan temas de derecho internacional, y de relevancia mundial, en compañía de expertos. El formato es conversacional, va dirigido a la audiencia hispanohablante, y el objetivo es que en cada episodio los oyentes puedan aprender, a través de la palabra de nuestros invitados, sobre el complejo mundo del derecho internacional.
- Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of all Forms of Racial Discrimination (Ukraine v. Russian Federation) (Preliminary Objections) (I.C.J.), with introductory note by Iryna Marchuk
- United Nations Security Council Resolution 2498, with introductory note by Milena Sterio
- Google LLC v. Commission Nationale de l'Informatique et des Libertés (CNIL) and Eva Glawischnig-Piesczek v. Facebook Ireland Ltd. (C.J.E.U.), with introductory note by Kenneth Propp
- Joined Cases A. K. v. Krajowa Rada Sądownictwa (C-585/18) and CP (C-624/18), DO (C-625/18) v. Sąd Najwyższy (C.J.E.U.), with introductory note by Joelle Grogan
- Resolution 2300 (Council of Eur. Parl. Assembly), with introductory note by David Lewis
- Ilias and Ahmed v. Hungary (Eur. Ct. H.R.), with introductory note by Vladislava Stoyanova
- Phillipa C. McCormack, Jan McDonald & Kerryn A. Brent, Governance of Land-based Negative-emission Technologies to Promote Biodiversity Conservation: Lessons from Australia
- Rolf H. Weber & Andreas Hösli, Climate Change Liability: Comparing Risks for Directors in Jurisdictions of the Common and Civil Law
- Alena V. Kodolova & Alexander M. Solntsev, Application of the Polluter-pays Principle in Russian Legislation on Climate Change: Problems and Prospects
- Morten Broberg, State of Climate Law: The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement
Tuesday, June 30, 2020
The sociological objectivism school of thought situates itself within legal positivism but squarely rejects the key principles and assumptions of the voluntarist conceptualization of international law. Sociological objectivism denies state sovereignty and considers law as stemming, not from sovereign will, but from social necessity. For objectivists, positive law cannot produce normative effects unless it is aligned with an ideal, namely objective law. This raises questions regarding the interrelationship between objective law and natural law. Although the reality of contemporary international law disproves the extreme and ‘full-bodied’ version of sociological objectivism, certain precepts of this theory remain fairly germane. The chapter situates sociological objectivism within the broader design of legal positivism, discusses the key tenets of objectivism and explores how, outside of a ‘philosophy’ of international law, this theory can be translated into (a set of) method(s).
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
Monday, June 29, 2020
Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.
Gaffield: The Racialization of International Law after the Haitian Revolution: The Holy See and National Sovereignty
The Haitian state shaped international definitions of sovereignty and national legitimacy after the Declaration of Independence in 1804. Haiti’s nineteenth century was not a period of isolation and decline; its first six decades were globally connected because the country’s leaders challenged their postcolonial inequality with diplomacy and state formation. This strategy aimed to establish Haiti’s membership in the “family of nations,” a central metaphor in European and American diplomatic, legal, and religious decision-making. In doing so, the Haitian state forced the Atlantic powers to redefine the boundaries of international relations. Haiti’s decades-long negotiations with the Catholic Church were tied to the racialization of the global hierarchy. After its Declaration of Independence, the Haitian state began clearing a theoretical path toward recognized sovereignty based on the dominant narrative that a society must be considered “civilized” on the world stage. But, as it cultivated internal policies and practices that rejected the dominant racist assumptions, these discriminatory ideologies became increasingly more explicit in international law.
Sunday, June 28, 2020
What does it mean to cast border violence as a crime against migrants, specifically as an international crime? Some instances of border violence satisfy the legal definition of crimes against humanity. However, so far, almost no investigations or prosecutions have been brought forth to hold the perpetrators of such crimes accountable. The Chapter therefore elucidates the moral and political assumptions required for international criminal law to do just that. These are divided into three groups: (1) interpretations focused on the way that border policies employ violence against migrants to send a message to other would-be migrants; (2) interpretations revealing that prosecuting border crimes allows criminal law to address ‘structural violence’; (3) interpretations stressing the social desirability of porous borders and the harms of hermetic separations between national groups. The Chapter concludes by a call to make explicit the moral and political commitments undergirding advocacy through international criminal law.