The dyadic rule-exception structure common to many legal systems has posed particular interpretive difficulties in international trade and investment law. Adjudicators have interpreted general and security exceptions in GATT, GATS and cognate provisions of investment treaties in divergent ways, and the analytic character of these provisions is under-theorized in the literature. This article argues that we should understand exceptions from a deontological perspective as permissions that affirm governmental regulatory capacity and thus limit the scope of the commands set out in the treaty. This characterization of exceptions has both symbolic and practical implications, of which this article discusses two: determining the exception’s applicability as a preliminary matter rather than as a defence, which would permit consideration of regulatory purpose at the point of obligation; and whether the applicability of an exception is properly a question of merits or jurisdiction.
Saturday, February 29, 2020
Henckels: Permission to Act: The Legal Character of General and Security Exceptions in International Trade and Investment Law
- The Joint Comprehensive Plan of Action five years on: Legal questions and future prospects
- Introduced by Maurizio Antonini & Enrico Milano
- Mirko Sossai, ‘The dynamic of action and reaction’ and the implementation of the Iran nuclear deal
- Tyler Cullis & Shahrzad Noorbaloochi, A U.S. return to the JCPOA: Complications moving forward and the JCPOA’s mechanisms to resolve them
Friday, February 28, 2020
- Paula Wojcikiewicz Almeida, The Asymmetric Judicial Dialogue Between the ICJ and the IACtHR: An Empirical Analysis
- Sondre Torp Helmersen, The Application of Teachings by the International Tribunal for the Law of the Sea
- Carlotta Ceretelli, Abuse of Process: An Impossible Dialogue Between ICJ and ICSID Tribunals?
- Paula Baldini Miranda da Cruz, Trackers and Trailblazers: Dynamic Interactions and Institutional Design in the Inter-American Court of Human Rights
- Philipp Günther, Groupthink Bias in International Adjudication
- Current Developments
- Aphiwan Natasha King, Press Freedom and Investor–State Dispute Settlement: Past, Present and Future
- Sheng Zhang, China’s International Commercial Court: Background, Obstacles and the Road Ahead
This timely book examines the Belt and Road Initiative (BRI), assessing its effect on the international economic order and global governance more broadly. Through a variety of qualitative case studies, the book investigates the implementation of the BRI and evaluates its development outcomes both for China and the countries it interacts with under the initiative, along with its international implications.
Thursday, February 27, 2020
- Special Issue: External Aspects of the European Union Common Fisheries Policy
- Richard Barnes, James Harrison, Eva van der Marel & Mihail Vatsov, Introduction: External Aspects of the European Union Common Fisheries Policy
- Arron N. Honniball, What’s in a Duty? EU Identification of Non-cooperating Port States and Their Prescriptive Responses
- Eva Kassoti & Mihail Vatsov, A Missed Opportunity? Unilateral Declarations by the European Union and the European Court of Justice’s Venezuelan Fisheries Judgment
- Anne-Carlijn Prickartz, The European Union’s Common Fisheries Policy, the Right to Self-determination and Permanent Sovereignty over Natural Resources
- Robert C. Steenkamp, Svalbard’s ‘Snow Crab Row’ as a Challenge to the Common Fisheries Policy of the European Union
- Valentin J. Schatz, The International Legal Framework for Post-Brexit EEZ Fisheries Access between the United Kingdom and the European Union
Call for Submissions: Rosalyn Higgins Prize of The Law & Practice of International Courts and Tribunals
The Law & Practice of International Courts and Tribunals now invites submissions for the 2020 Rosalyn Higgins Prize
In light of her outstanding and inspiring achievements in the field of international dispute settlement, the Law & Practice of International Courts and Tribunals (LPICT) has named a Prize in honour of H.E. Rosalyn Higgins.
The Rosalyn Higgins Prize is an annual prize which awards EUR 1.000 of Brill book vouchers and a one-year LPICT subscription to the author of the best article on the law and practice of the International Court of Justice, either focusing solely on the ICJ or with the ICJ as one of the dispute settlement mechanisms under consideration. The winning article will also be published in LPICT and made freely available online for ninety days to maximize its dissemination.
Competition for the Prize is open to all: scholars as well as practitioners, junior as well as senior professionals. Submissions will be selected via a double-blind peer review process by a Prize Committee, including both co-Editors-in-Chief.
Exceptionally, two papers of an equally high standard can be selected. The Committee is also able to choose not to award the Prize if in its opinion none of the submitted papers reaches the required standards.
Submissions should be between 6.500 and 8.000 words in length, not yet published or under review elsewhere. Other submission requirements are the same as for regular LPICT submissions (instructions available here).
Submissions now open! Deadline: 30 June 2020
All papers for consideration of the 2020 prize should be sent directly to Freya Baetens (email@example.com) and Régis Bismuth (firstname.lastname@example.org), LPICT Co-Editors- in-Chief (with “LPICT Rosalyn Higgins Prize” as email subject).
The prizewinner(s) will be announced in September 2020.
Tuesday, February 25, 2020
- Paul B. Stephan, One Voice in Foreign Relations and Federal Common Law
- Jessica Laird & John Fabian Witt, Inventing the War Crime: An Internal Theory
- Charlotte Ku, William H. Henning, David P. Stewart, & Paul F. Diehl, Even Some International Law Is Local: Implementation of Treaties Through Subnational Mechanisms
- Jill I. Goldenziel, Checking Rights at the Border: Migrant Detention in International and Comparative Law
Since its establishment the work of the Human Rights Council (UNHRC) has been subject to many interpretations, theories, comments or conclusions. This comprehensive book dissects every aspect of the UNHRC’s work and analyses the efficiency of, and interactions between, its mechanisms. Authored by the first Secretary of the UNHRC, this book provides unique practitioner insights into the complex decision making processes of the Council alongside the core variations from its predecessor.
Heffes: International Human Rights Law and Non-State Armed Groups: The (De)Construction of an International Legal Discourse
This chapter explores the way in which the discourse related to the application of international human rights law (IHRL) to non-State armed groups (NSAGs) is being constructed by numerous scholars and institutions. Although it is undisputed that NSAGs have an impact on the civilian population in the various conflict settings to which they are party, the actual reasons why this discourse is being articulated and who is undertaking this task remain insufficiently explored. As international law does not exist in an intellectual vacuum, an examination of these issues may serve to better comprehend the purpose and goals of IHRL in armed conflict as understood by scholars and institutions, together with certain legal interactions that often remain unseen.
- O. Herman, Holding Armed Groups to Account under International Human Rights Law: An Analysis of the Under-Explored Practice of Truth Commissions
- L.R. Glas, The Execution Process of Pilot Judgments before the Committee of Ministers
- S. Skogly & P. Osim, Jurisdiction – A Barrier to Compliance with Extraterritorial Obligations to Protect against Human Rights Abuses by Non-state Actors?
- F. Seatzu, Leaving No One Behind: A Human Rights-Based Approach to the Protection of the Victims of Global Public Health Emergencies
Monday, February 24, 2020
- Chris Thornhill, Constitutionalism and populism: national political integration and global legal integration
- Nora Stappert, Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts
- Simon Frankel Pratt, From norms to normative configurations: a pragmatist and relational approach to theorizing normativity in IR
- David Jason Karp, What is the responsibility to respect human rights? Reconsidering the ‘respect, protect, and fulfill’ framework
- Jack Snyder, Backlash against human rights shaming: emotions in groups
- Marcus Holmes & Nicholas J. Wheeler, Social bonding in diplomacy