- International Criminal Court and the Community of Nations
- Naomi Roht-Arriaza, The ICC in Latin America: An Old Friend with New Challenges
- Megan A. Fairlie, Defense Issues at the International Criminal Court
- Chimène I. Keitner, The ICC and Non-Party States: Consistency and Consensus Revisited
- Saira Mohamed, States Parties, Non-States Parties, and the Idea of International Community
- Jane Stromseth, The United States and the International Criminal Court: Why Undermining the ICC Undercuts U.S. Interests
- David Tolbert, Looking Forward and Looking Back: How Can the International Criminal Court (ICC) Navigate in a Complicated and Largely Hostile World?
Saturday, February 8, 2020
Special Issue: International Criminal Court and the Community of Nations
The latest issue of the Georgia Journal of International and Comparative Law (Vol. 47, no. 3, 2019) focuses on "International Criminal Court and the Community of Nations." Contents include:
Wrange: Western Sahara, the European Commission and the Politics of International Legal Argument
Pål Wrange (Stockholm Univ. - Law) has posted Western Sahara, the European Commission and the Politics of International Legal Argument. Here's the abstract:
This essay proceeds from the idea that international law could (also) be viewed as a set of practices, in which legal arguments can be used for strategic purposes. It analyses how the European Commission argued strategically to persuade states to accept a trade agreement with Morocco over occupied Western Sahara, in spite of the fact that not only a virtually unanimous legal doctrine, but also the Court of Justice of the European Union, seemed to find it very difficult to pursue such an enterprise and comply with international law at the same time.
New Issue: International Security
- Sheena Chestnut Greitens, Myunghee Lee, & Emir Yazici, Counterterrorism and Preventive Repression: China's Changing Strategy in Xinjiang
- Brendan Rittenhouse Green & Austin Long, Conceal or Reveal? Managing Clandestine Military Capabilities in Peacetime Competition
- Jacqueline R. McAllister, Deterring Wartime Atrocities: Hard Lessons from the Yugoslav Tribunal
- Galen Jackson, Who Killed Détente? The Superpowers and the Cold War in the Middle East, 1969–77
- Andrew Payne, Presidents, Politics, and Military Strategy: Electoral Constraints during the Iraq War
New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht
The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 79, no. 4, 2019) is out. Contents include:- Rudolf Bernhardt Lecture 2018
- E. Bjorge, The Contribution of the European Court of Human Rights to General International Law
- Abhandlungen
- Julian Kulaga, The legitimacy of rules of customary international law and the right to justification
- Aiste Mickonyte, Effects of the rule-of-law crisis in the eu: Towards centralization of the eu system of judicial protection
- Giusseppe Puma, Preliminary questions in the icj advisory opinion on the legal consequences of the separation of the chagos archipelago from mauritius in 1965
- Laura Katharina Sophia Neumann, Kindersoldatentum 2.0 – klassische Kindersoldaten und minderjährige foreign fighters
- Achilles Skordas, A very German cultural war: Migrants and the law
- Tomasz Milej Legal framework for free movement of people within Africa – a view from the East African Community (EAC)
- Petra Lea Láncos, Passivist strategies available to the Hungarian constitutional court
- Edoardo D'Alfonso Masarié, Parlamentarische budgetsouveränität auf der probe der europäischen haushaltsdisziplin. Der streit um den italienischen staatshaushalt 2019 und die entscheidung der corte costituzionale
New Issue: Swiss Review of International and European Law
- Samantha Besson, Investment citizenship and democracy in a global age: Towards a democratic interpretation of international nationality law
- Andreas R. Ziegler, Der volkerrechtliche Status der .Schweiz: Vertrage, Schiedsspriiche, Urreile und Erklarungen zur Sicherung der (territorialen) Souveranitat (und der Neutralitat) der Schweizerischen Eidgenossenschaft
- Yannick Zerbe, Autonomous weapons systems.And international law: Aspects of international humanitarian law, individual accountability and state responsibility
New Issue: Rivista di Diritto Internazionale
The latest issue of the Rivista di Diritto Internazionale (Vol. 102, no. 4, 2019) is out. Contents include:- Articoli
- Martina Buscemi & Loris Marotti, Obblighi procedurali e conseguenze del recesso dai trattati: quale rilevanza della Convencione di Vienna nella prassi recente?
- Giuseppe Nesi, Diritto internazionale e diritto interno nel recesso unilaterale dai trattati
- Federico Casolari, Il recesso dall’Unione Europea: per una lettura dell’art. 50 TUE tra diritto sovranazionale e diritto internazionale
- Simone Vezzani, Gli effetti del recesso dall’Unione Europea sui trattati conclusi dall’Unione Europea e dallo Stato recedente
- Note e Commenti
- Massimo Starita, Formalismo e antiformalismo nell’interpretazione dei trattati nei recenti lavori della Commissione del diritto internazionale
- Elisabetta Mottese, La confisca di beni culturali illecitamente esportati
- Alessandra Gianelli, A proposito di violazioni strutturali dei trattati di garanzia dei diritti dell’uomo
- Panorama
- Cristina Campiglio, Il procedimento di ricognoscimento dei provvedimenti stramieri in materia di stato civile
- Ornella Feraci, La nozione di ordine pubblico alla luce della sentenza della Corte de cassazione (sez. un. civ.), n. 12193/2019: tra “costituzionalizzazione attenuata” e bilanciamento con il principio del superiore interesse del minore
- Sara Tonolo, Status filiationis da maternità surrogata e adozione da parte del genitore “intenzionale”: i limiti nella formula dell’adattamento
- Matteo Sarzo, La nuova procedura consultiva prevista dal Protocollo n. 16 alla luce del parere della Corte europea dei diritti dell’uomo in materia di surrogazione di maternità
- Giacomo Biagioni, Il nuovo regolamento (UE) 2019/1111 relativo alla competenza, al ricognoscimento e all’esecuzione delle decisioni in materia matrimoniale e di responsabilità genitoriale, e alla sottrazione internazionale
New Issue: Revue Générale de Droit International Public
- Articles
- Pierre-François Laval, Les Nations Unies et l’idée de gouvernance
- Saïda El Bouduhi, Le chapitre sur l’investissement du nouvel ALENA : le retour de l’Etat?
New Issue: Journal du Droit International
The latest issue of the Journal du Droit International ("Clunet") (Vol. 146, no. 4, Octobre-Novembre-Décembre 2019) is out. Contents include:- Doctrine
- Mohamed Mahmoud Mohamed Salah, Le droit à l’épreuve des nouvelles régulations de l’économie globale
- Variétés
- Emmanuel Gaillard, Un thesaurus de jurisprudence française en matière d’arbitrage
- Jeremy Heymann & Fabien Marchadier, La filiation de l’enfant né d’une gestation pour autrui pratiquée à l’étranger (à propos de l’avis consultatif de la CEDH, grande chambre du 10 avril 2019)
Blake & Lixinski: The 2003 UNESCO Intangible Heritage Convention: A Commentary
This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process.
New Issue: Review of International Political Economy
The latest issue of the Review of International Political Economy (Vol. 27, no. 1, 2020) is out. Contents include:- Political Economies of Global Health
- Susan K. Sell & Owain D. Williams,Health under capitalism: a global political economy of structural pathogenesis
- Ted Schrecker, Globalization and health: political grand challenges
- Matthew Sparke, Neoliberal regime change and the remaking of global health: from rollback disinvestment to rollout reinvestment and reterritorialization
- Kenneth C. Shadlen, Bhaven N. Sampat & Amy Kapczynski, Patents, trade and medicines: past, present and future
- Rebecca J. Hester & Owain David Williams, The somatic-security industrial complex: theorizing the political economy of informationalized biology
- Stefan Elbe & Christopher Long, The political economy of molecules: vital epistemics, desiring machines and assemblage thinking
- João Nunes, The everyday political economy of health: community health workers and the response to the 2015 Zika outbreak in Brazil
- Stephen R. Gill & Solomon R. Benatar, Reflections on the political economy of planetary health
New Issue: Air & Space Law
- Máté Gergely, Fair Competition in International Air Transport
- Adoption of the Building Blocks for the Development of an International Framework on Space Resource Activities
- Daniela M. Rojas G, How WTO Sanctions Are Hurting Aircraft Exports
- Bryce G. Poole, Against the Nuclear Option: Planetary Defence Under International Space Law
- Ruwantissa Abeyratne, The Outcome of the 40th ICAO Assembly: A New Look at ICAO?
New Volume: Recueil des Cours
Volume 402 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:- Volume 402
- F. Dasser, “Soft Law” in International Commercial Arbitration
- P. Kinsch, Le rôle du politique en droit international privé. Cours général de droit international privé
Nordquist, Moore, & Long: Cooperation and Engagement in the Asia-Pacific Region
Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
El Far: Abuse of Rights in International Arbitration
In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party's chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse.
Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.
Jorgensen: American Foreign Policy Ideology and the International Rule of Law
American engagement with international law has long been framed by commitment to the 'international rule of law', which persists even across divergent political and historical eras. Yet, despite appeals to legal ideals, American international law policy is consistently criticised as fraught with contradiction and distorted by beliefs in 'exceptionalism'. These contested claims of fidelity to law are the subject of this book: what does the 'international rule of law' mean for American legal policymakers even as they advocate competing commitments to international legal order? Answers are found in extensive evidence that American policymakers receive international law through established foreign policy ideologies, which correspond with divisions in both legal scholarship and diplomatic history. Using the case of the International Criminal Court, the book demonstrates that the very meaning of the international rule of law is structured by competing ideological beliefs; between American policymakers and global counterparts, and among American policymakers themselves.
Cheah: Culture-Specific Evidence before Internationalized Criminal Courts: Lessons from Asian Jurisdictions
W.L. Cheah (National Univ. of Singapore - Law) has posted Culture-Specific Evidence before Internationalized Criminal Courts: Lessons from Asian Jurisdictions (Journal of International Criminal Justice, forthcoming). Here's the abstract:
As commentators press the ICC and other internationalized criminal courts to adopt a more sensitive approach to culture-specific evidence when determining individual criminal responsibility, this article argues that important lessons may be obtained from Asian jurisdictions where courts have discussed and assessed such evidence. The Asian examples studied here highlight the possibilities and challenges of having court consider culture-specific evidence. By comparing judicial experiences, this article also shows that a more sensitive judicial approach to culture-specific evidence may be cultivated if attention is given not only to the cultural knowledge of judges, but also the court’s broader legal architecture, the position of the accused, and judicial identity.
Boddens Hosang: Rules of Engagement and the International Law of Military Operations
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
New Issue: Leiden Journal of International Law
- Editorial
- Sofia Stolk & Renske Voss, International legal sightseeing
- International Legal Theory
- Kate Purcell, On the uses and advantages of genealogy for international law
- Matilda Arvidsson & Miriam Bak McKenna, The turn to history in international law and the sources doctrine: Critical approaches and methodological imaginaries
- International Law and Practice
- Attila M. Tanzi, On judicial autonomy and the autonomy of the parties in international adjudication, with special regard to investment arbitration and ICSID annulment proceedings
- Jonathan Bonnitcha & Zoe Phillips Williams, State liability for ‘politically’ motivated conduct in the investment treaty regime
- International Law and Practice: Symposium on Rethinking the Role of Elected Members in the UN Security Council
- Jeremy Farrall, Marie-Eve Loiselle, Christopher Michaelsen, Jochen Prantl, & Jeni Whalan, Elected member influence in the United Nations Security Council
- Isobel Roele, Around Arendt’s table: Bureaucracy and the non-permanent members of the UN Security Council
- Marie-Eve Loiselle, The penholder system and the rule of law in the Security Council decision-making: Setback or improvement?
- Rosa Freedman & Nicolas Lemay-Hébert, The Security Council in practice: Haiti, cholera, and the elected members of the United Nations Security Council
- International Courts and Tribunals: International Court of Justice
- Rosana Garciandia, State responsibility and positive obligations in the European Court of Human Rights: The contribution of the ICJ in advancing towards more judicial integration
- International Criminal Courts and Tribunals
- Javier Sebastián Eskauriatza, The jus post bellum as ‘integrity’ – Transitional criminal justice, the ICC, and the Colombian amnesty law
- Susana SáCouto, Leila Nadya Sadat, & Patricia Viseur Sellers, Collective criminality and sexual violence: Fixing a failed approach
Banet: The Law of the Seabed: Access, Uses, and Protection of Seabed Resources
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.
While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue.
The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction.
The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Friday, February 7, 2020
UN Audiovisual Library of International Law Mini-Series on “Law of State Responsibility”
The Codification Division of the UN Office of Legal Affairs recently added new mini-series to the UN Audiovisual Library of International Law. The mini-series given by Jorge E. Viñuales on “Law of State Responsibility,” available in English and Spanish.
Conference: Designing International Economic Law: Challenges and Opportunities
On February 14-15, 2020, the International Economic Law Interest Group of the American Society of International Law will hold its biennial conference at the University of Miami School of Law. The theme is: "Designing International Economic Law: Challenges and Opportunities." The program is here. Registration is here.
Thursday, February 6, 2020
Wyatt: Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time.
A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand.
Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Panel: Litigating Obligations "Erga Omnes" and "Erga Omnes Partes" before the ICJ: The Gambia v. Myanmar and Beyond
On February 18, 2020, the University of Westminster will host a panel on "Litigating Obligations Erga Omnes and Erga Omnes Partes before the ICJ: The Gambia v. Myanmar and Beyond" with Eyal Benvenisti (Cambridge), Maria Irene Papa (Sapienza), Ulf Linderfalk (Lund), and Marco Longobardo (Westminster). The event is organised by the International Law at Westminster research cluster in cooperation with ILSA at Westminster Chapter. More information can be found here. Free registration is available here.
Conference: Cambridge International Law Journal 2020 Conference
The Cambridge International Law Journal's 2020 Conference will be held at the Faculty of Law, University of Cambridge, on April 16-17. The theme is: "International Law and Global Risks: Current Challenges in Theory and Practice." Registration is now open.
New Issue: Michigan Journal of International Law
The latest issue of the Michigan Journal of International Law (Vol. 41, no. 1, Spring 2020) is out. Contents include:- Michael Faure & Wanli Ma, Investor-State Arbitration: Economic and Empirical Perspectives
- Yasutoshi Ishida, Identifying Fundamental Breach of Articles 25 and 49 of the CISG: The Good Faith Duty of Collaborative Efforts to Cure Defects - Make the Parties Draw a Line in the Sand of Substantiality
- Mona Pinchis-Paulsen, Trade Multilateralism and U.S. National Security: The Making of the GATT Security Exceptions
New Issue: Journal of Conflict Resolution
The latest issue of the Journal of Conflict Resolution (Vol. 64, nos. 2-3, February-March 2020) is out. Contents include:- Articles
- Pazit Ben-Nun Bloom, Shaul Kimhi, Shani Fachter, Michal Shamai, & Daphna Canetti, Coping with Moral Threat: Moral Judgment amid War on Terror
- Jason Brownlee, Cognitive Shortcuts and Public Support for Intervention
- Mattias Agerberg & Anne-Kathrin Kreft, Gendered Conflict, Gendered Outcomes: The Politicization of Sexual Violence and Quota Adoption
- Kirssa Cline Ryckman, A Turn to Violence: The Escalation of Nonviolent Movements
- Hannah M. Smidt, United Nations Peacekeeping Locally: Enabling Conflict Resolution, Reducing Communal Violence
- Philipp M. Lutscher, Nils B. Weidmann, Margaret E. Roberts, Mattijs Jonker, Alistair King, & Alberto Dainotti, At Home and Abroad: The Use of Denial-of-service Attacks during Elections in Nondemocratic Regimes
- Carlo Koos & Clara Neupert-Wentz, Polygynous Neighbors, Excess Men, and Intergroup Conflict in Rural Africa
- Michael Hoffman, Religion and Tolerance of Minority Sects in the Arab World
- Michael A. Rubin, Rebel Territorial Control and Civilian Collective Action in Civil War: Evidence from the Communist Insurgency in the Philippines
- Nadav G. Shelef, How Homelands Change
- Data Set Feature
- Douglas Lemke & Charles Crabtree, Territorial Contenders in World Politics
- Brian Blankenship & Renanah Miles Joyce, Purchasing Power: US Overseas Defense Spending and Military Statecraft
Dowds: Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
Wednesday, February 5, 2020
New Issue: International Peacekeeping
- Forum
- John Gledhill, The Pieces Kept after Peace is Kept: Assessing the (Post-Exit) Legacies of Peace Operations
- Jessica Di Salvatore & Andrea Ruggeri, The Withdrawal of UN Peace Operations and State Capacity: Descriptive Trends and Research Challenges
- Kheang Un, A Mixed Legacy: The United Nations Intervention In Cambodia
- Norrie MacQueen, The Peacekeeping Legacy in Timor-Leste: Imperial Re-Encounters?
- Diana Koester, Gendered Legacies of Peacekeeping: Implications of Trafficking for Forced Prostitution in Bosnia–Herzegovina
- Athena R. Kolbe, Prospects for Post-Minustah Security in Haiti
- Sabrina Karim, The Legacy of Peacekeeping on the Liberian Security Sector
- Karin Landgren, Unmeasured Positive Legacies of UN Peace Operations
- Richard Caplan, The Foundations of a Research Agenda
- Articles
- Dahlia Simangan, A Case for a Normative Local Involvement in Post-Conflict Peacebuilding
- Benjamin Tkach & Joe Phillips, UN Organizational and Financial Incentives to Employ Private Military and Security Companies in Peacekeeping Operations
- Daniel Bochsler, Adis Merdzanovic & Davor Petrić, Turning International Intervention into Domestic Cooperation in Post-War Societies
- Andrea Kathryn Talentino & Frederic S. Pearson, Weapons of War, Weapons of Peace: DDR Processes in Peacemaking
Titi: Nationality and Representation in the Composition of the International Bench
Catharine Titi (Centre national de la recherche scientifique) has posted Nationality and Representation in the Composition of the International Bench: Lessons from the Practice of International Courts and Tribunals and Policy Options for the Multilateral Investment Court. Here's the abstract:
There is little doubt that the nationality of the international adjudicator matters. Judges sitting on international courts have often arrived on the bench after a career in government and may identify with the interests of their home state. Empirical data shows that a judge called to decide a case involving the state of his or her nationality (national judge) tends to vote in its favour. Yet nationality is not only relevant as an argument to discredit a judge who is seen as partial to his or her home state: it also confers legitimacy on international dispute settlement. International courts must be representative of their membership and representation calls for the inclusion of diverse nationalities in their ranks. In light of the ongoing efforts to establish a multilateral investment court, the paper considers nationality and representation in the composition of international courts and tribunals. It reviews, on the one hand, nationality and geographical representation on the court as a whole and, on the other, the presence of national judges and judges ad hoc in specific chambers or divisions. The paper assesses the reasons that lead different courts and tribunals to regulate nationality and representation differently, it analyses newly-collected data and draws normative conclusions. Ultimately, it makes policy suggestions for the multilateral investment court. Its overarching thesis is that an international court must be representative of its membership but that the presence of national judges and judges ad hoc in particular chambers or divisions depends on the function of a court. In relation to the multilateral investment court, the paper expresses scepticism about the presence of national judges and judges ad hoc in divisions of three constituted to decide investor-state disputes.
Tuesday, February 4, 2020
Nijman: An Enlarged Sense of Possibility for International Law: Seeking Change by Doing History
Janne Elisabeth Nijman (Univ. of Amsterdam - Law) has posted An Enlarged Sense of Possibility for International Law: Seeking Change by Doing History (in Situating Contingency in International Law, Ingo Venzke ed., forthcoming). Here's the abstract:
This chapter explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. Nijman contextualises this development and stages three possible approaches of why and how to study ideas and theories of the past. A central proposition is that the field of ‘History and Theory of international Law’ ultimately aims to establish a dialogue between international legal thought then and now. In this way (and by employment of e.g. the Cambridge School method) a critical distance emerges with respect to our own international legal thinking and its underlying political and moral ideas. The meaning of international law ideas changes through time and use – in the study thereof lies the critical potential and value for our own thinking. As such, ‘doing history’ comes with what Quentin Skinner calls ‘an enlarged sense of possibility’.
The chapter argues for a ‘doing history’ that liberates us from the hegemonic constraints that past thought and beliefs may place on our imagination. It builds on Roberto Mangabiera Unger’s image of ‘frozen politics’ and ‘false necessity’ to argue that change of our institutions is possible. In short, the chapter argues that doing history produces awareness of the contingency of received beliefs, values and institutions, and as such produces a sense of possibility – and arguably – responsibility. It suggests/recognises a capacity to reimagine and act. It is transformative and empowers to establish (institutional) change and get our (global) act together. An empowerment we desperately need. The chapter ends by alluding at the change sought: Unger and Ricoeur are brought together in a brief argument for the reinmagination of just institutions.
Tams: International Courts and Tribunals and Violent Conflict
Christian J. Tams (Univ. of Glasgow - Law) has posted International Courts and Tribunals and Violent Conflict. Here's the abstract:
This contribution assess the diverse roles of ICaTs in relation to violent conflicts. It shows that the significance of arbitration and adjudication over questions of violent conflict has varied over time and forms part of the general history of international dispute resolution. To bring out as much, the contribution begins by outlining the evolving legal framework governing courts and conflicts, as it has emerged over he course of the past 150 years. On the basis of this general historical account, it zooms in to discuss what aspects of violent conflicts are addressed by ICaTs under contemporary international law and highlights current challenges of ‘conflict litigation’.
New Issue: Journal of International Criminal Justice
The latest issue of the Journal of International Criminal Justice (Vol. 17, no. 4, September 2019) is out. Contents include:- Special Issue: Starvation in International Law
- Antonio Coco, Jérôme de Hemptinne, & Brian Lander, Foreword: Special Issue on Starvation in International Law
- Brian Lander & Rebecca Vetharaniam Richards, Addressing Hunger and Starvation in Situations of Armed Conflict — Laying the Foundations for Peace
- Bridget Conley & Alex de Waal, The Purposes of Starvation: Historical and Contemporary Uses
- Simone Hutter, Starvation in Armed Conflicts: An Analysis Based on the Right to Food
- Dapo Akande & Emanuela-Chiara Gillard, Conflict-induced Food Insecurity and the War Crime of Starvation of Civilians as a Method of Warfare: The Underlying Rules of International Humanitarian Law
- Manuel J Ventura, Prosecuting Starvation under International Criminal Law: Exploring the Legal Possibilities
- Federica D’Alessandra & Matthew Gillett, The War Crime of Starvation in Non-International Armed Conflict
- Wayne Jordash, Catriona Murdoch, & Joe Holmes, Strategies for Prosecuting Mass Starvation
- Salvatore Zappalà, Conflict Related Hunger, ‘Starvation Crimes’ and UN Security Council Resolution 2417 (2018)
- ‘It is necessary that those who are responsible for these famines fear that they could be prosecuted for their crimes’: An interview with Jane Ferguson
- Antonio Coco, Jérôme de Hemptinne, & Brian Lander, International Law Against Starvation in Armed Conflict: Epilogue to a Multi-faceted Study
Call for Papers: Custom and International Investment Law
A call for papers has been issued for a conference on "Custom and International Investment Law," which will be held at the American University Washington College of Law, on September 23-24, 2020. The call is here.
New Volume: International Law Studies
- Feature Articles
- Terry D. Gill & Kinga Tibori-Szabó, Twelve Key Questions on Self-Defense against Non-State Actors
- Hans-Georg Dederer & Tassilo Singer, Adverse Cyber Operations: Causality, Attribution, Evidence, and Due Diligence
- Craig H. Allen, The Peacetime Right of Approach and Visit and Effective Security Council Sanctions Enforcement at Sea
- Charles H. Norchi, Law as Strategy: Thinking Below the State in Afghanistan
- Ezequiel Heffes, Armed Groups and the Protection of Health Care
- Jeffrey T. Biller & Michael N. Schmitt, Classification of Cyber Capabilities and Operations as Weapons, Means, or Methods of Warfare
- Ryan J. Vogel, Beyond Geneva: Detainee Review Processes in Non-International Armed Conflict—A U.S. Perspective
- Kenneth Watkin, Medical Care in Urban Conflict
- Sean Watts, Humanitarian Logic and the Law of Siege: A Study of the Oxford Guidance on Relief Actions
- International Law and Conflict at Sea
- Marco Longobardo, The Occupation of Maritime Territory under International Humanitarian Law
- Phillip J. Drew, Can We Starve the Civilians? Exploring the Dichotomy between the Traditional Law of Maritime Blockade and Humanitarian Initiatives
- Richard L. Kilpatrick, Jr., Marine Insurance Prohibitions in Contemporary Economic Warfare
- Natalie Klein, Maritime Autonomous Vehicles within the International Law Framework to Enhance Maritime Security
- The Fog of Law
- Jann K. Kleffner, The Legal Fog of an Illusion: Three Reflections on "Organization" and "Intensity" as Criteria for the Temporal Scope of the Law of Non-International Armed Conflict
- Adil Ahmad Haque, Indeterminacy in the Law of Armed Conflict
Monday, February 3, 2020
AJIL Unbound Symposium: Peel & Lin's “Transnational Climate Litigation: The Contribution of the Global South”
AJIL Unbound has posted a symposium on Jacqueline Peel & Jolene Lin's article “Transnational Climate Litigation: The Contribution of the Global South.” The symposium includes an introduction by John H. Knox and Christina Voigt and contributions by César Rodríguez-Garavito, Shibani Ghosh, Bolanle Erinosho, Joana Setzer and Lisa Benjamin, and Hari M. Osofsky.
Launch Event: Are fundamental rights losing or gaining ground?
The Centre for Fundamental Rights at the Hertie School will hold its launch event “Are fundamental rights losing or gaining ground?” on February 20, 2020. The program and registration are here.
Call for Papers: Bioethical and Legal Challenges posed by Health Innovation: the Role of International Biolaw and International Health Law
A conference on “Bioethical and Legal Challenges posed by Health Innovation: the Role of International Biolaw and International Health Law” will take place at the School of Law of the University of Salerno on April 27-28, 2020. The call is here.
Call for Papers: Understanding solidarity under international and EU refugee law: between a rock and a hard place?
The European Society of International Law Interest Group on Migration and Refugee Law, in co-operation with the Academy of Law and Migration of the University of Tuscia, is organizing a side event on April 23, 2020, in the framework of this year’s ESIL Research Forum. The topic is: “Understanding solidarity under international and EU refugee law: between a rock and a hard place?” The call is here.
Call for Papers: Searching Solidarity for Fighting against Cultural Exclusion towards Migrants and Refugees in Europe in Times of Populism
The ESIL Interest Group on International Law of Culture will host a pre-conference workshop on “Searching Solidarity for Fighting against Cultural Exclusion towards Migrants and Refugees in Europe in Times of Populism” at the 2020 ESIL Research Forum, University of Catania. The workshop will take place on April 23, 2020. The call is here. The deadline is February 7, 2020.
Call for Papers: The ICC´s Contribution to the Development and Enforcement of International Humanitarian Law
The Centre for International Humanitarian and Operational Law and the Palacký University, Faculty of Law, in Olomouc, Czech Republic, will host a conference on “The ICC´s Contribution to the Development and Enforcement of International Humanitarian Law” on May 21-22, 2020. The call for papers is here.
New Issue: Human Rights Quarterly
The latest issue of the Human Rights Quarterly (Vol. 42, no. 1, February 2020) is out. Contents include:- Payam Akhavan, Sareta Ashraph, Barzan Barzani, & David Matyas, What Justice for the Yazidi Genocide?: Voices from Below
- Sandra Liebenberg, Between Sovereignty and Accountability: The Emerging Jurisprudence of the United Nations Committee on Economic, Social and Cultural Rights Under the Optional Protocol
- Zehra F. Kabasakal Arat, Economic Rights and Justice in the Qur'an
- Karen Zivi, Hiding in Public or Going with the Flow: Human Rights, Human Dignity, and the Movement for Menstrual Equity
- Nicola Jägers, Sustainable Development Goals and the Business and Human Rights Discourse: Ships Passing in the Night?
- Charles P. Henry, Celebrity as a Political Resource: The Human Rights Now! Campaign
- A. Kayum Ahmed, J. Paul Martin, & Sameera Uddin, Human Rights Education 1995–2017: Wrestling with Ideology, Universality, and Agency
- István Lakatos, Implementing Universal Human Rights Standards in and by Sub-Saharan African States in the Shade of Local Traditions
Call for Papers: Ninth Annual Junior Faculty Forum for International Law (Reminder)
Sunday, February 2, 2020
Call for Papers: SDGs, Biodiversity and Plant Health: international legal aspects
A call for papers has been issued for a conference on “SDGs, Biodiversity and Plant Health: international legal aspects," organized by the European Society of International Law Interest Group on International Environmental Law and the Department of International Law of RUDN University. The conference will take place at the RUDN University, Moscow, on April 10-11, 2020. The call is here. The deadline is February 20, 2020.
Call for Papers: Solidarity in the Context of Natural Resources Management
On occasion of the 2020 ESIL Research Forum on “Solidarity: The Quest for Founding Utopias of International Law,” to be held in Catania on April 23–24, 2020, the ESIL International Environmental Law Interest Group will convene a workshop on “Solidarity in the Context of Natural Resources Management,” on April 23, 2020. The call for papers is here. The deadline is February 14, 2020.
Call for Papers: The Value of Solidarity in International Economic Law
On occasion of the 2020 ESIL Research Forum on “Solidarity: The Quest for Founding Utopias of International Law,” to be held in Catania on April 23–24, 2020, the ESIL International Economic Law Interest Group will convene a workshop on “The Value of Solidarity in International Economic Law,” on April 23, 2020. The call for papers is here. The deadline is February 20, 2020.
New Issue: Global Environmental Politics
- Alfie Christopher Byron Gaffney & Darrick Evensen, Addressing the Elephant in the Room: Learning from CITES CoP17
- David Brown & Marion MacLellan, A Multiscalar and Justice-Led Analysis of REDD+: A Case Study of the Norwegian–Ethiopian Partnership
- Isabella Alcañiz & Ricardo A. Gutierrez, Between the Global Commodity Boom and Subnational State Capacities: Payment for Environmental Services to Fight Deforestation in Argentina
- Fabian G. Neuner, Public Opinion and the Legitimacy of Global Private Environmental Governance
- Anca Turcu & R. Urbatsch, Go Means Green: Diasporas’ Affinity for Ecological Groups
- Ronald B. Mitchell, Liliana B. Andonova, Mark Axelrod, Jörg Balsiger, Thomas Bernauer, Jessica F. Green, James Hollway, Rakhyun E. Kim, & Jean-Frédéric Morin, What We Know (and Could Know) About International Environmental Agreements
Kornfeld: Mega-Dams and Indigenous Human Rights
This original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions.
Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments.
Gaver: Lingering Gulf Dispute Gives Rise to Multi-Forum Legal Proceedings
Craig D. Gaver has posted an ASIL Insight on Lingering Gulf Dispute Gives Rise to Multi-Forum Legal Proceedings.
New Issue: Arbitration International
- Articles
- Philip Clifford & Eleanor Scogings, Which Law Determines the Confidentiality of Commercial Arbitration?
- Timothy Foden & Odysseas G Repousis, Giving away home field advantage: the misguided attack on confidentiality in international commercial arbitration
- Berk Hasan Özdem & İpek İnce, Purchase price adjustment disputes in mergers and acquisitions: an intersection of different dispute resolution procedures and a war of jurisdictions
- Recent Developments
- Rania Alnaber, Emergency Arbitration: Mere Innovation or Vast Improvement
- Michelle Andrea Markham, Arbitration and tax treaty disputes
- Shivani Vij & Varun Mansinghka, Judicial (non)appointment of arbitrators in India: a case study of ‘inadequate stamping’ as a ground for non-appointment
New Issue: Vanderbilt Journal of Transnational Law
The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 52, no. 5, November 2019) is out. Contents include:- Symposium: The Future of International Human Rights Law
- Samuel Moyn, On Human Rights and Majority Politics
- John Tasioulas, Saving Human Rights from Human Rights Law
- Karima Bennoune, In Defense on Human Rights
- James Thuo Gathii, Beyond Samuel Moyn’s Countermajoritarian Difficulty as a Model of Global Judicial Review
- Lorna McGregor, Looking to the Future: The Scope, Value and Operationalization of International Human Rights Law
- Kathryn Sikkink, Human Rights, Responsibilities, and Democracy
- Gopal Sreenivasan, Whither and Whether with the Formative Aim Thesis
New Issue: International Journal of Human Rights
The latest issue of the International Journal of Human Rights (Vol. 24, nos. 2-3, 2020) is out. Contents include:- ILO Convention 169: Critical Perspectives
- Peter Bille Larsen & Jérémie Gilbert, Indigenous rights and ILO Convention 169: learning from the past and challenging the future
- Peter Bille Larsen, Contextualising ratification and implementation: a critical appraisal of ILO Convention 169 from a social justice perspective
- Lee Swepston, Progress through supervision of Convention No. 169
- Alexandra Tomaselli, Political participation, the International Labour Organization, and Indigenous Peoples: Convention 169 ‘participatory’ rights
- Fergus MacKay, The ILO Convention No. 111: an alternative means of protecting indigenous peoples’ rights?
- Stefania Errico, ILO Convention No. 169 in Asia: progress and challenges
- Cathal Doyle, The Philippines Indigenous Peoples Rights Act and ILO Convention 169 on tribal and indigenous peoples: exploring synergies for rights realisation
- Jennifer Hays & Jakob Kronik, The ILO PRO169 programme: learning from technical cooperation in Latin America and Southern Africa
- Jérémie Gilbert, The ILO Convention 169 and the Central African Republic: from catalyst to benchmark
- Pia Marchegiani, Elisa Morgera & Louisa Parks, Indigenous peoples’ rights to natural resources in Argentina: the challenges of impact assessment, consent and fair and equitable benefit-sharing in cases of lithium mining
- Tanja Joona, ILO Convention No. 169 and the governance of indigenous identity in Finland: recent developments
- Isabel M. Madariaga Cuneo, ILO Convention 169 in the inter-American human rights system: consultation and consent
- Carlos Felipe Ledesma Céspedes, Convention 169 and the perspective of the trade union movement of the Americas
- Roberto Suárez Santos, Three decades since the ILO’s Convention 169: reflections in light of the experience of the private sector with prior consultation
- Peter Bille Larsen & Louise Nolle, Enabling human rights-based development for indigenous and tribal peoples? Summarising the 25th anniversary global policy debate on ILO Convention 169
- Dalee Sambo Dorough, Perspective on Convention 169, its significance to Inuit and some troubling developments
- Les Malezer, Perspective on the Convention 169: its significance to Aboriginal peoples
- Wrays Perez Ramirez, The significance of Convention 169 for the Wampís in Peru
- Tracey Whare, Reflective piece on Māori and the ILO
Call for Papers: The Rule of Law from Below
Plouffe-Malette: Moralité publique des droits de la personne au droit de l'OMC
Publications obscènes ou blasphématoires, relations et mariages homosexuels, communication sur l’avortement, lancer de nains, conversion sexuelle, inceste, don d’embryon ou de gamète, pornographie, chasse aux gros mammifères, interdiction de manifestation pour la fierté gaie, jeux en ligne, publications et produits audiovisuels, chasse aux phoques, lutte au blanchiment d’argent, qualification halal de produits horticoles : tous ces thèmes ont en commun d’avoir été défendus par les États au nom de la moralité publique, auprès de la Cour européenne des droits de l’homme, du Comité des droits de l’homme ou de l’Organe de règlement des différends de l’Organisation mondiale du commerce (OMC). Fortes de plusieurs décennies d’expériences, les instances de droit universel et régional des droits de la personne ont développé une méthode d’analyse des ingérences de moralité publique qui tend à respecter la nature et la portée de la norme morale défendue par l’État. Inversement, les organes quasi juridictionnels de l’OMC sont nouvellement confrontés à cette exception de plus en plus soulevée pour justifier une entrave au commerce international. Leurs interprétations évoluent, mais plusieurs lacunes persistent. Après avoir fait le bilan de l’expérience du système international de promotion et de protection des droits de l’homme et du système de l’OMC, cet ouvrage propose de prendre en compte les enseignements de la jurisprudence des droits de l’homme pour tenter de résoudre certaines lacunes identifiées dans la mise en œuvre du droit de l’OMC. Des propositions concrètes sont formulées dont l’adoption d’une approche unilatérale de la préoccupation sociale, de la norme morale et du choix du moyen pour parvenir à la protection souhaitée, ainsi qu’une approche consensuelle et un retour à l’examen de la bonne foi des Membres. En définitive, la conciliation des règles commerciales et des demandes formulées par les citoyens, véhiculées par les normes morales, pourrait être satisfaite à l’aide du mécanisme de l’exception commerciale de moralité publique.
Call for Papers: The Sexual Politics of Freedom
The Irish Centre for Human Rights at the National University of Ireland, Galway has issued a call for papers for a conference on "The Sexual Politics of Freedom," to be held May 22-23, 2020. The call is here. The deadline February 21, 2020.
Call for Papers: Dissonance in the Narrative of the EU’s Value-Based International Trade
The Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) has issued a call for papers for a workshop on “Dissonance in the Narrative of the EU’s Value-Based International Trade,” to be held at the School of Law, Utrecht University, on June 18, 2020. The deadline for the applications is March 20, 2020. The call is here.
Linderfalk: Understanding Jus Cogens in International Law and International Legal Discourse
Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development.
New Issue: Ocean Development & International Law
The latest issue of Ocean Development & International Law (Vol. 51, no. 1, 2020) is out. Contents include:- Chuxiao Yu, Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction
- Reece Lewis, The Doctrine of Constructive Presence and the Arctic Sunrise Award (2015): The Emergence of the “Scheme Theory”
- Timothy Choi, Sea Control by Other Means: Norwegian Coast Guard Operations Under International Maritime Law
- Exequiel González-Poblete, Vladimir Kaczynski & Andrea Méndez Arias, Marine Coastal Resources as an Engine of Development for the Lafkenche and Williche Populations of Southern Chile
- Mark J. Kaiser, J. Dale Shively & J. Brooke Shipley, An Update on the Louisiana and Texas Rigs-to-Reefs Programs in the Gulf of Mexico
New Issue: International Organization
- Articles
- Christina J. Schneider & Jennifer L. Tobin, The Political Economy of Bilateral Bailouts
- Tonya L. Putnam, Mingling and Strategic Augmentation of International Legal Obligations
- Review Essay
- David C. Kang, International Order in Historical East Asia: Tribute and Hierarchy Beyond Sinocentrism and Eurocentrism
- Research Notes
- Joshua D. Kertzer, Brian C. Rathbun, & Nina Srinivasan Rathbun, The Price of Peace: Motivated Reasoning and Costly Signaling in International Relations
- Michael Tomz, Jessica L.P. Weeks, & Keren Yarhi-Milo, Public Opinion and Decisions About Military Force in Democracies
- Kerim Can Kavakli & Patrick M. Kuhn, Dangerous Contenders: Election Monitors, Islamic Opposition Parties, and Terrorism
- David B. Carter & Paul Poast, Barriers to Trade: How Border Walls Affect Trade Relations
Conference: Regionalism in international law / Le régionalisme dans le droit international
On February 10-11, 2020, Université Paris 1 Panthéon-Sorbonne will host a conference on "Regionalism in international law / Le régionalisme dans le droit international." The program is here. Registration is here.
UN Audiovisual Library of International Law Mini-Series on “International Human Rights Law”
The Codification Division of the UN Office of Legal Affairs recently launched the Mini-Series of the United Nations Audiovisual Library of International Law. The Mini-Series is a collection of lectures delivered by leading international law scholars which aims to provide a general overview of the core topics of international law, primarily intended for users with basic or little knowledge of international law. The latest mini-series includes a five part series of lectures by Hélène Tigroudja on “International Human Rights Law” (in French).
New Issue: Journal of World Trade
The latest issue of the Journal of World Trade (Vol. 54, no. 1, 2020) is out. Contents include:- Thomas Lebzelter & Axel Marx, Is EU GSP+ Fostering Good Governance? Results from a New GSP+ Compliance Index
- Enrico Partiti, Regulating Trade in Forest-Risk Commodities
- Saurabh Tiwari, Ashish Chandra, Tanvi Praveen, & Stuti Toshi, ‘E-commerce’ for India in a Developing World: An Int’l Trade Law Perspective
- James J. Nedumpara & Sparsha Janardhan, Developing Countries and Domestic Support Measures in Agriculture: Walking a Tightrope
- Mandy Meng Fang, A Crisis or an Opportunity? The Trade War Between the US and China in the Solar PV Sector
- Injoo Sohn, Asymmetrical Fairness: China’s Use of Antidumping Measures
- Wei Yin, Regulating the State Capitalism: Is There an Optimal Regulatory Model for Sovereign Wealth Fund Investment?
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