- Julia Dehm, Ben Golder, & Jessica Whyte, Introduction: ‘Redistributive Human Rights?’ symposium
- Roland Burke, The 1993 World Conference on Human Rights and the retreat of a redistributive rights vision
- Kári Hólmar Ragnarsson, Humanising not transformative? The UN Committee on Economic, Social and Cultural Rights and economic inequality in OECD countries 2008-19
- Zachary Manfredi, Against ‘ideological neutrality’: on the limits of liberal and neoliberal economic and social human rights
- Randi L Irwin, Contested language in the making and unmaking of Western Sahara’s extractive economy
- Books Etc.
- Mattia Pinto, Of sex and war: carceral feminism and its anti-carceral critique
Wednesday, January 27, 2021
- Special Comment
- Sienho Yee, In Celebration of the 75th Anniversary of the United Nations: A Proposal for the Formulation and Adoption of a “Declaration on the Principles of International Law concerning the Community of Shared Future for Mankind”
- Dire Tladi, Populism’s Attack on Multilateralism and International Law: Much Ado About Nothing
- Nina H B Jørgensen & Regina E Rauxloh, Profiting from Sexual Violence in Armed Conflict: A Case for the Resurrection of the Crime of Enforced Prostitution
- Jianjun Gao, The Exhaustion of Local Remedies Rule in the Settlement of Maritime Disputes: A Study of the Practice of the UNCLOS Tribunals
- Bjørn Kunoy, De Novo Delimitation Lines: A Constitutive Concept of Delimitation
- Jin Sun & Qiong Wu, The Hague Judgments Convention and How We Negotiated It
- Review Essay
- Sienho Yee, Knowledge and Strategy in International Litigation: A Review Essay on Hugh Thirlway’s The International Court of Justice, with Some Reference to Non-appearance
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of United States law and international law, respectively. It explores the related ways in which both CRT scholars and TWAIL scholars have: contested the legalization of white supremacy; marked and problematized the degree to which regimes of inclusion can operate as technologies of exclusion; staged important if non-identical critiques of colorblindness; engaged and repudiated neoliberal claims about racialized social responsibility and agency; confronted perceptions that both literatures exist outside the boundaries of the presumptively neutral scholarly conventions of constitutional law and international law, engendering either criticism or willful dis-attention or non-engagement by mainstream scholars; and remained invested in reconstruction and transformation of and within law, seeking to maximize its emancipatory potential for racial justice and equality even while remaining clear-eyed about the limits and costs of such engagement and the need to effectuate change in other arenas, such as social movements.
Tuesday, January 26, 2021
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
Women's International Thought: A New History is the first cross-disciplinary history of women's international thought. Bringing together some of the foremost historians and scholars of international relations working today, this book recovers and analyses the path-breaking work of eighteen leading thinkers of international politics from the early to mid-twentieth century. Recovering and analyzing this important work, the essays offer revisionist accounts of IR's intellectual and disciplinary history and expand the locations, genres, and practices of international thinking. Systematically structured, and focusing in particular on Black diasporic, Anglo-American, and European historical women, it does more than 'add women' to the existing intellectual and disciplinary histories from which they were erased. Instead, it raises fundamental questions about which kinds of subjects and what kind of thinking constitutes international thought, opening new vistas to scholars and students of international history and theory, intellectual history and women's and gender studies.
- Özgür H. Çɪnar, Conscientious objectors seeking asylum: a comparative perspective
- Ala Al-Mahaidi, Securing economic livelihoods for Syrian refugees: the case for a human rights-based approach to the Jordan Compact
- José L. Gurría Gascón, Nhora Magdalena Benítez Bastidas & Ana María Hernández Carretero, Otherness, oppression and empowerment of the indigenous towns in the inter-Andean alley (Ecuador)
- Carla Winston, Truth commissions as tactical concessions: the curious case of Idi Amin
- Frederick Cowell, Reservations to human rights treaties in recommendations from the universal periodic review: an emerging practice?
- Philipp Wesche, Business actors and land restitution in the Colombian transition from armed conflict
- Rachel Killean, From ecocide to eco-sensitivity: ‘greening’ reparations at the International Criminal Court
- Anna Lawson & Angharad E. Beckett, The social and human rights models of disability: towards a complementarity thesis
Over recent years, many have called the WHO responsible for a number of failures in global health governance, in particular those concerning late or insufficient response to the spread of infectious diseases such as swine flu, Ebola or Covid-19. The present contribution therefore examines some of the main features of the law governing the WHO, in order to establish the scope of the organisation’s powers to act and the legal regime applicable in case of its failure to act. The analysis aims to show that the law constituting and empowering the WHO has not been the primary cause for the organisation’s conservative stance towards a more proactive, normative, inclusive and inter-sectoral governance. Thereby, the analysis also challenges the common assumption in international institutional law that the law that constitutes an international organisation at the same time also constrains it, and identifies some legal gaps in the relevant legal field. In particular, it demonstrates that this common approach is insufficient for establishing the organisation’s legal responsibility in case of its failure to act and, more generally, for pushing the organisation and its leadership towards a more effective and accountable functioning.
Monday, January 25, 2021
- The Classics’ Corner
- Alejandro Rodríguez Carrión, International Law on the Threshold of the 21st Century
- Special contribution
- Antonio Remiro Brotóns, The Declaration of Principles turns fifty years: a rondó of sly power
- General Articles
- Marco Longobardo, «Super-Robust» Peacekeeping Mandates In Non-International Armed Conflicts Under International Law
- Miguel Checa Martínez, Brexit And Private International Law: Looking Forward From The UK But Actually Going Backward
- Alexis Berg-Rodríguez, Back On The Good Track: Historical Institutionalism And The New Political Model Between The Eu And Cuba
- Chema Suárez Serrano, From Bullets To Fake News: Disinformation As A Weapon Of Mass Distraction. What Solutions Does International Law Provide?
- Nerea Magallón Elósegui, Trade In Minerals And Human Rights: Towards Responsible Sourcing Of Minerals From Conflict Areas In Europe (Regulation (EU) 2017/821)
- Jerónimo Maillo, New Screening Of Foreign Direct Investments (FDI) In Europe: A First Step Towards A New Paradigm?
- Ignacio Forcada Barona, Brexit And European Citizenship: Welcome Back To International Law
- Libia Arenal, Economic Crimes Against Humanity: A Legal Challenge For The Positive Regulation Of Crimes Against Humanity In Article 7 Of The Rome Statute
Catalonia Secession before the Spanish Supreme Court/li>
- Araceli Mangas Martín, A Decent Supreme Court Judgement
- Pedro Tent Alonso, Assessment, In Light Of EU Law, Of The Constitutional Framework From Which The Spanish Supreme Court Has Approached The Prosecution Of Catalan Separatist Leaders
- Helena Torroja Mateu, The «Right To Decide» In International Law As Ground For Exclusion Of Unlawfullness
- Santiago Ripol Carulla & Rafael Arenas García, Issues Related To European Human Rights Law: The European Court Of Human Rights
- Javier Roldán Barbero, The Catalonia Independence Process And EU Law (2017-2020)
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
Saturday, January 23, 2021
- Articoli e Saggi
- Giovanni Cellamare, In tema di cooperazione tra Nazioni Unite, Unione africana e Unione europea in materia di mantenimento della pace e della sicurezza internazionale
- Michele Nino, The Evolution of the Concept of Territorial Sovereignty. From the Traditional Westphalian System to the State-Peoples Binomial
- Fabio D’Orlando, On Technological Unemployment
- Osservatorio Diritti Umani
- Maurizio Cadonna, Il diritto di voto nell’interpretazione del Comitato per i diritti delle persone con disabilità: oltre la prassi del Comitato per i diritti umani e della Corte europea dei diritti dell’uomo
- Note e Commenti
- Agnese Vitale, Il recesso dai trattati multilaterali: tra buona fede e principio di non Riconoscimento
- Francesca Di Gianni, Note sulla tutela della salute dei migranti in condizione irregolare /li>
Friday, January 22, 2021
Thursday, January 21, 2021
- Samantha Frances Bradley, Protection of Detainees from Sexual Violence under International Humanitarian Law
- Thibault Moulin, Reviving the Principle of Non-Intervention in Cyberspace: The Path Forward
- Stuart Casey-Maslen & Tobias Vestner, Trends in Global Disarmament Treaties
- Miloš Hrnjaz & Janja Simentić Popović, Protracted Armed Violence as a Criterion for the Existence of Non-international Armed Conflict: International Humanitarian Law, International Criminal Law and Beyond
- Robert Cryer & Natalia Perova, Peacekeepers: Internationalist Protectors or National Perpetrators, Protected Either Way?
- Bence Kis Kelemen, Human Shielding, Subjective Intent, and Harm to the Enemy
- Alon Margalit, Accounting for Those in the Hands of the Belligerent: Security Detainees, the Missing and the Dead in the Israeli–Hamas Conflict
Call for Papers: The Influence, Legacy and Future of the European Court of Human Rights in the International Legal Order
Wednesday, January 20, 2021
- Benjamin J. Richardson, Climate strikes to Extinction Rebellion: environmental activism shaping our future
- Research Articles
- Neil Gunningham, Can climate activism deliver transformative change? Extinction Rebellion, business and people power
- Dana James & Trevor Mack, Toward an ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver
- Francine Rochford, Morally motivated protest in the face of orthodoxy – environmental crisis and dissent in Australian democracy
- Anna Berti Suman, Sven Schade & Yasuhito Abe, Exploring legitimization strategies for contested uses of citizen-generated data for policy
- Nicole Rogers, Victim, litigant, activist, messiah: the child in a time of climate change
- Tyler McCreary, Between the commodity and the gift: the Coastal GasLink pipeline and the contested temporalities of Canadian and Witsuwit'en law
- Corrie Grosse & Brigid Mark, A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations
- Claire Burgess & Rupert Read, Extinction Rebellion and environmental activism – the XR interviews
- Paul Manly, Jonathan Bartley & Chlöe Swarbrick, Green parties and environmental activism
Tuesday, January 19, 2021
Perrone: Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules
Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order.
This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.
Monday, January 18, 2021
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states.
Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
Call for Submissions: JICJ Symposium on "International Criminal Justice in an 'Age of Misinformation'" (Reminder)
The Association of Young International Criminal Lawyers (YICL) is a non-profit organisation open to all those interested in International Criminal Law (ICL), International Human Rights Law (IHRL), International Humanitarian Law (IHL), Public International Law (PIL), and Criminal Law, irrespective of nationality, background or level of experience.
YICL is a platform on which academicians, practitioners, and students from all around the world can share their knowledge and experience, evaluate and discuss current developments in the field, and work together toward building a global network.
New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
- War in Cities: Searching for practical solutions to the contemporary challenges
- Darren Stewart, The conduct of military operations in the urban environment
- Dominique Loye, Urban warfare and the humanitarian concerns of the International Committee of the Red Cross
- Discussion on war in cities: setting the scene
- Randall Bagwell, Preparing for the inevitability of urban warfare
- Valerii Koval, Implementation of practical measures during combat in urban areas: the case of Ukraine
- Andrés Muñoz Mosquera, NATO’s perspective on urban conflicts: recent developments
- Randall Bagwell & Vaios Koutroulis, Discussion on practical implementation of the principle of precaution in urban conflicts
- Pieter van Malderen & Simon Gerard, Legal and operational challenges related to methods and means of warfare in urban conflicts
- Roland Evans, The need for better data in the explosive weapons in populated areas (EWIPA) debate
- Stéphane Kolanowski, Explosive weapons in populated areas
- Paul Berman, Stéphane Kolanowski, Simon Gerard & Pieter van Malderen, Discussion on legal and operational challenges related to methods and means of warfare in urban conflicts
- Patrick Hamilton, Challenges raised by contemporary urban conflicts in humanitarian action: the ICRC perspective
- Ben Klappe, Displacement of civilians during non-international armed conflict
- Ezequiel Heffes, Generating compliance in conflict settings: how to engage armed non-state actors on International Law and live to tell the tale
- Patrick Hamilton, Ben Klappe, Ezequiel Heffes & Emanuela-Chiara Gillard, Discussion on challenges raised by contemporary urban conflicts in humanitarian action
- Georgia Beatty, War crimes in cyberspace: prosecuting disruptive cyber operations under Article 8 of the Rome Statute
- Elliot Winter, The compatibility of the use of autonomous weapons with the principle of precaution in the law of armed conflict
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Sunday, January 17, 2021
January 20, 2021: Chimène Keitner (U.C. Hastings Law), “Prosecuting Foreign States”
Commentator: Ingrid Wuerth (Vanderbilt Law School)
February 3, 2021:
Steven Koh (Boston College Law School), “The Criminalization of Foreign Relations”
Commentator: Lauren Ouziel (Temple Law School)
February 17, 2021:
Karima Bennoune (U.C. Davis School of Law), “‘Lest We Should Sleep’: COVID-19 and Human Rights”
March 3, 2021:
Frédéric Mégret (McGill University Faculty of Law), “The Independence of the Judiciary in the Cauldron of International Relations”
Commentator: Michael Byers (Univ. of British Columbia Political Science)
March 24, 2021:
Sarah Nouwen (European University Institute Department of Law), “An International Law on Peacemaking?”
Commentator: Samuel Moyn (Yale Law School)
April 7, 2021:
Máximo Langer (UCLA School of Law), “Migration and the Demand for Transnational Justice”
Commentator: Kathryn Sikkink (Harvard Kennedy School of Government)
April 21, 2021:
Kathleen Claussen (University of Miami School of Law)
Ackermann & Wuschka: Investments in Conflict Zones: The Role of International Investment Law in Armed Conflicts, Disputed Territories, and ‘Frozen’ Conflicts
Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and ‘frozen’ conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law.
International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.
Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.
The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but as one that repurposes soft law characteristics for project development rather than rule development. BRI primary agreements feature the unique characteristics of (i) minimal legalization, (ii) a coordinated, project-based nature, and (iii) hub-and-spoke network structure. While BRI primary agreements benefit from the advantages of soft law (e.g., reduced contracting costs, flexibility), they face challenges including those concerning underlying interests and their effectiveness.
Longobardo: The Legality of Closure on Land and Safe Passage between the Gaza Strip and the West Bank
This article explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the article argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli- Palestinian agreements. In light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. This article concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.
Saturday, January 16, 2021
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field.
- Louise Wiuff Moe, The Dark Side of Institutional Collaboration: How Peacekeeping-counterterrorism Convergences Weaken the Protection of Civilians in Mali
- Fernando Rodrigues Goulart, Blue Helmets, Armed Groups, and Peace at Stake: Does Combat Motivation Matter for Robust Peacekeeping to Succeed?
- Philipp Lottholz, The Roles and Practices of Civil Society Actors in Police Reform in Kyrgyzstan: Activism, Expertise, Knowledge Production
- Arif Saba & Shahram Akbarzadeh, The ICC and R2P: Complementary or Contradictory?
- Jessica Moody, Reaching for the Impossible?: Coordinating DDR and Transitional Justice in Post-Conflict Côte d’Ivoire
- Nicole Jenne & Fiorella Ulloa Bisshopp, Female Peacekeepers: UNSC Resolution 1325 and the Persistence of Gender Stereotypes in the Chilean Armed Forces
New Podcast Episodes: "Hablemos de Derecho Internacional" on the Prohibition and Non-Proliferation of Nuclear Weapons
Conference: The ICC's Contribution to the Development and Enforcement of International Humanitarian Law
- Editorial Comments
- Curtis A. Bradley, Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity
- Laurence R. Helfer, Rethinking Derogations from Human Rights Treaties
- Zachary Mollengarden & Noam Zamir, The Monetary Gold Principle: Back to Basics
- Current Developments
- Lauri Mälksoo, International Law and the 2020 Amendments to the Russian Constitution
- International Decisions
- Weihuan Zhou & Delei Peng, Australia—Anti-Dumping Measures on A4 Copy Paper
- Brian McGarry, Republic of Slovenia v. Republic of Croatia
- Beatrice A. Walton, Nevsun Resources Ltd. v. Araya
- Contemporary Practice of the United States Relating to International Law
- Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Henry J. Richardson, The Limits of Human Rights Limits
- B.S. Chimni, reviewing Modernizing the UN Human Rights System, by Bertrand G. Ramcharan
- Beth Van Schaack, reviewing The Military Commander's Necessity: The Law of Armed Conflict and Its Limits, by Sigrid Redse Johansen
- Neha Jain, reviewing The Art of Law in the International Community, by Mary Ellen O'Connell
- Ido Kilovaty, reviewing Cyber Operations and International Law, by François Delerue
Thursday, January 14, 2021
Nouwen, James, & Srinivasan: Making and Breaking Peace in Sudan and South Sudan: The Comprehensive Peace Agreement and Beyond
Sudan's Comprehensive Peace Agreement of 2005 ended over two decades of civil war and led to South Sudan's independence. Peacemaking that brought about the agreement and then sought to sustain it involved, alongside the Sudanese, an array of regional and western states as well as international organisations. This was a landmark effort to create and sustain peace in a war-torn region. Yet in the years that followed, multiple conflicts continued or reignited, both in Sudan and in South Sudan. Peacemaking attempts multiplied. Authored by both practitioners and scholars, this volume grapples with the question of which, and whose, ideas of peace and of peacemaking were pursued in the Sudans and how they fared. Bringing together economic, legal, anthropological and political science perspectives on over a decade of peacemaking attempts in the two countries, it provides insights for peacemaking efforts to come, in the Sudans and elsewhere.
- Marcus Teo, Public law adjudication, international uniformity and the foreign act of state doctrine
- Guillaume Laganière, Local polluters, foreign land and climate change: the myth of the local action rule in Canada
- Saloni Khanderia, Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts
- Konstantinos D. Voulgarakis, Reflections on the scope of “EU res judicata” in the context of Regulation 1215/2012
- Kah-Wai Tan, All that glisters is not gold? Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law
- Bashayer Alghanim, The enforcement of foreign judgments in Kuwait
- Pontian N. Okoli, The fragmentation of (mutual) trust in Commonwealth Africa – a foreign judgments perspective
- Andrew Moran & Anthony Kennedy, When considering whether to recognise and enforce a foreign money judgment, why should the domestic court accord the foreign court international jurisdiction on the basis that the judgment debtor was domiciled there? An analysis of the approach taken by courts in the Republic of South Africa
- Richard Frimpong Oppong, The dawn of the free and fair movement of foreign judgments in Africa?
Wednesday, January 13, 2021
- Special Issue: Informal governance in world politics
- Oliver Westerwinter, Kenneth W. Abbott, & Thomas Biersteker, Informal governance in world politics
- Erasmus Kersting & Christopher Kilby, Do domestic politics shape U.S. influence in the World Bank?
- Bernhard Reinsberg & Oliver Westerwinter, The global governance of international development: Documenting the rise of multi-stakeholder partnerships and identifying underlying theoretical explanations
- Melissa Carlson & Barbara Koremenos, Cooperation Failure or Secret Collusion? Absolute Monarchs and Informal Cooperation
- Oliver Westerwinter, Transnational public-private governance initiatives in world politics: Introducing a new dataset
- Lisa L. Martin, Formality, typologies, and institutional design
- Symposium: Taxation, Revenue, and Fiscal Capacity
- Florian M. Hollenbach, Christine S. Lipsmeyer, & Guy D. Whitten, Introduction
- Florian M. Hollenbach, Elite interests and public spending: Evidence from Prussian cities
- Pablo Beramendi & Melissa Rogers, Disparate geography and the origins of tax capacity
- Laura Seelkopf, Moritz Bubek, Edgars Eihmanis, Joseph Ganderson, Julian Limberg, Youssef Mnaili, Paula Zuluaga & Philipp Genschel, The rise of modern taxation: A new comprehensive dataset of tax introductions worldwide
- Yearbooks in International Law: History, Function and Future
- Otto Spijkers, Wouter G. Werner & Ramses A. Wessel, The Phenomenon of Yearbooks in International Law: An Introduction
- Matilda Arvidsson, The ‘Turn to History’ and the Year of the Yearbook of International Law
- John D. Haskell, A Case in the Politics of Form: Yearbooks of International Law
- Sara Kendall, Archiving Legality: The Imperial Emergence of the International Law Yearbook
- Jan Klabbers, On Yearbooks
- Part II Contributions by Yearbooks of International Law Fatsah Ouguergouz, African Yearbook of International Law: A Quarter-Century of Contribution to the Development and Dissemination of International Law
- Donald R. Rothwell, Australian Year Book of International Law
- John H. Currie, The Canadian Yearbook of International Law/Annuaire canadien de droit international: Founding, Function, Future
- Ying-jeou Ma, Chun-i Chen & Pasha L. Hsieh, Chinese (Taiwan) Yearbook of International Law and Affairs: Contributing to the Grotian Moment in Asia
- Pavel Šturma, Czech Yearbook of Public and Private International Law on the Occasion of Its 10th Anniversary: Achievements and Perspectives
- Zeray Yihdego, Melaku Desta & Martha Belete, Ethiopian Yearbook of International Law: Towards Diversifying and Democratizing Voices in the Making and Development of International Law
- Tuomas Tiittala, Finnish Yearbook of International Law—Past, Present, and Future
- Mathias Forteau, Annuaire Français de Droit International .................... 137 Andreas von Arnauld & Daley J. Birkett, German Yearbook of International Law: Origins, Development, Prospects
- Marcel Szabó, The Past, Present and Future of the Hungarian Yearbook of International Law and European Law—An Evolving Story
- Arie Afriansyah & Hadi Rahmat Purnama, Indonesia and the Absence of a Yearbook on International Law
- Riccardo Pavoni, Italian Yearbook of International Law: Genesis, Development and Prospects
- Keiichiro Niikura & Koichi Morikawa, The Development and Future of the Japanese Yearbook of International Law: From Japanese Perspectives to International Academic Forums
- Manuel Becerra-Ramirez, Mexican Yearbook of International Law: A Concept for Researching, Disseminating, and Teaching International Law
- Otto Spijkers & Dimitri Van Den Meerssche, ‘There Was an Idealism that This Information is Useful’—The Origins and Evolution of the Netherlands Yearbook of International Law
- Ata R. Hindi, The Palestine Yearbook of International Law: A Medium for a Principled International Law on Palestine and the Palestinian People
- Lukasz Gruszczynski & Karolina Wierczyńska, Polish Yearbook of International Law: A History of Constant Change and Adaptation
- Eugenia López-Jacoiste & María José Cervell Hortal, Anuario Español de Derecho Internacional: History, Functions and Future
- Bence Kis Kelemen, Right to Self-Defense to Recover Occupied Territory? A Glance at the Nagorno-Karabakh Conflict
- Nives Mazur-Kumrić & Ivan Zeko-Pivač, The EU as a Global Trendsetter in the Fight Against Climate Change: Is a Climate-Neutral Europe by 2050 Feasible?
- Sandra Fabijanić Gagro, The Implementation of the Responsibility to Protect when the Protection of Children in Armed Conflicts within the UN System is Concerned – Who is Responsible?
- Petra Ágnes Kanyuk, Magic is not in it Staying the Same, but in the Changes–Legal Harmonisation of Substantive Criminal Law in the European Union and its Appearance in Hungarian Criminal Law
- Tomáš Strémy & Lilla Ozoráková, The New Act Amending the Criminal Legislation in Slovakia and the Possible Impact of the New Crime of Abuse of Law on the Independence of the Judiciary
- Upal Aditya Oikya, Atrocities against Religious Minorities of Bangladesh: Can we Address it as Genocide?
- Ágoston Mohay, The Responsibility of International Organisations and their Member States: an Overview of Outstanding Questions of Interpretation
Genocide is the "crime of crimes", whose legal definition remained unchanged on the international plane since the adoption of the 1948 Genocide Convention. Hitherto it has been assumed that with some minor modifications domestic definitions of the crime of genocide mirror the internationally accepted definition. However, after conducting for the first time a comprehensive review of the domestic criminal laws of 196 countries (all 193 UN Member States and the Holy See, Kosovo, and Palestine) and the Special Administrative Region of Macao, this article found that the differences are actually much more significant than hitherto assumed, since 100 countries and the Special Administrative Region of Macao have opted to change – through their national implementations – at least some aspects of the internationally-recognized definition of genocide, often significantly expanding or limiting the scope of application of the crime.
This chapter classifies these changes, proposes some potential explanations why so many countries opted to stray from the international definition and draws some preliminary conclusions of their potential ramifications.
- D. Spielmann, In memoriam - Jean Vandeveld (1932-2020)
- B. Stirn, L’indépendance du juge dans le cadre européen : évolutions et interrogations partagées
- L. Bianku, La Convention européenne des droits de l’homme et la pandémie de Covid-19
- F. Sudre, Le droit à la protection de la santé, droit diffus dans la jurisprudence de la Cour européenne des droits de l’homme
- P. Ducoulombier, Coup d’arrêt à l’extension de la juridiction extraterritoriale des États parties à la Convention européenne des droits de l’homme
- P. Vandernacht, Le drone en appui à la surveillance policière, quel cadre juridique et quels enjeux pour la protection des droits fondamentaux ?
- G. Galustian, Le Protocole n° 16 mobilisé par la Cour constitutionnelle arménienne ou la Cour européenne des droits de l’homme au coeur d’une affaire politique
- D. Roets, Conditions de détention en France : double ricochet de l’arrêt J.M.B. et autres c. France
- O. Tambou, L’invalidation du Privacy Shield : peut-on sortir des turbulences dans les flux transatlantiques des données à caractère personnel ?
- E. Lemmens & R. Demeuse, Entre devoir de réserve et liberté d’expression, un équilibre précaire pour les enseignants
- I. Andoulsi, « Continuité de la justice et respect des droits humains en temps de pandémie » - Compte rendu du colloque organisé le 23 octobre 2020 par le barreau de Bruxelles
Tuesday, January 12, 2021
Today’s liberal international institutional order is being challenged by the rising power of illiberal states and by domestic political changes inside liberal states. Against this backdrop, Ideology and International Institutions offers a broader understanding of international institutions by arguing that the politics of multilateralism has always been based on ideology and ideological divisions. Erik Voeten develops new theories and measures to make sense of past and current challenges to multilateral institutions.
Voeten presents a straightforward theoretical framework that analyzes multilateral institutions as attempts by states to shift the policies of others toward their preferred ideological positions. He then measures how states have positioned themselves in global ideological conflicts during the past seventy-five years. Empirical chapters illustrate how ideological struggles shape the design of international institutions, membership in international institutions, and the critical role of multilateral institutions in militarized conflicts. Voeten also examines populism’s rise and other ideological threats to the liberal international order.
Ideology and International Institutions explores the essential ways in which ideological contestation has influenced world politics.
- Tobias Ide, Carl Bruch, Alexander Carius, Ken Conca, Geoffrey D Dabelko, Richard Matthew, & Erika Weinthal,The past and future(s) of environmental peacebuilding
- Keina Yoshida & Lina M Céspedes-Báez, The nature of Women, Peace and Security: a Colombian perspective
- Christina Ankenbrand, Zabrina Welter, & Nina Engwicht, Formalization as a tool for environmental peacebuilding? Artisanal and small-scale mining in Liberia and Sierra Leone
- Irene Vélez-Torres & Diego Lugo-Vivas, Slow violence and corporate greening in the war on drugs in Colombia
- McKenzie F Johnson, Fighting for black stone: extractive conflict, institutional change and peacebuilding in Sierra Leone
- Tobias Ide, Lisa R Palmer, & Jon Barnett, Environmental peacebuilding from below: customary approaches in Timor-Leste
- Mirza Sadaqat Huda, An ecological response to ethno-nationalistic populism: grassroots environmental peacebuilding in south Asia
- Aysegül Kibaroglu & Ramazan Caner Sayan, Water and ‘imperfect peace’ in the Euphrates–Tigris river basin
- Jeannie Sowers & Erika Weinthal, Humanitarian challenges and the targeting of civilian infrastructure in the Yemen war
- Héctor Morales-Muñoz, Katharina Löhr, Michelle Bonatti, Luca Eufemia, & Stefan Sieber, Assessing impacts of environmental peacebuilding in Caquetá, Colombia: a multistakeholder perspective
- Ousseyni Kalilou, Climate change and conflict in the Sahel: the acacia gum tree as a tool for environmental peacebuilding
- Review Essay
- Michael Cox, E. H. Carr, Chatham House and Nationalism
Monday, January 11, 2021
In these extraordinary times, dramatic shifts in global health, the global economy, and geopolitical power structures are forcing human beings to adapt and evolve. These shifts require us to revisit the operation of the legal, political, and conceptual structures of our international order, and to examine the possibility — and perhaps necessity — of creating new norms, tools, and paradigms.
Today's health, economic, and racial justice crises are having a profound impact on the rule of law, human security, and the environment; human rights and gender equality; international business and trade; and virtually all other aspects of society. These effects are being exacerbated by the differing approaches that governments, international organizations, and private actors have taken toward international problem-solving. Although some may hope for a return to "normalcy" in all these areas, the current moment offers both the challenge and the opportunity to reconsider and potentially to reshape international law and international institutions.
The 2021 Annual Meeting of the American Society of International Law will provide a forum to think critically and creatively about all fields of international law. Sessions will present a broad range of perspectives on innovative ways to address emerging issues, to improve global governance, and to tackle international problems. More than ever, it is a time to come together as international law scholars and practitioners, and to challenge ourselves to imagine a new way forward.
Sunday, January 10, 2021
This textbook on political geography is devoted to a discipline concerned with the spatial dimensions of politics. This course is an introduction to the study of political science, international relations and area studies, providing a systemic approach to the spatial dimension of political processes at all levels. It covers their basic elements, including states, supranational unions, geopolitical systems, regions, borders, capitals, dependent, and internationally administered territories. Political geography develops fundamental theoretical approaches that give insight into the peculiarities of foreign and domestic policies. The ability to use spatial analysis techniques allows determining patterns and regularities of political phenomena both at the global and the regional and local levels.
- Special Issue: The right to privacy in the digital age: different perspectives around the globe
- Kristian P. Humble, International law, surveillance and the protection of privacy
- Özgür Heval Çɪnar, The current case law of the European Court of Human Rights on privacy: challenges in the digital age
- Aysem Diker Vanberg, Informational privacy post GDPR – end of the road or the start of a long journey?
- Smitha Krishna Prasad & Sharngan Aravindakshan, Playing catch up – privacy regimes in South Asia
- Alex B. Makulilo, The long arm of GDPR in Africa: reflection on data privacy law reform and practice in Mauritius
- Carlos Affonso Souza, Caio César de Oliveira, Christian Perrone & Giovana Carneiro, From privacy to data protection: the road ahead for the Inter-American System of human rights
- S.E. Sr. Philippe Couvreur - América Latina, la Corte Internacional de Justicia y el Derecho Internacional
- Prof. Antonio Remiro Brotons - La Justicia y Procesos Internacionales: Perspectiva de un Abogado Internacional
- Dra. Monica Feria -Tinta - Los Cambios de Paradigmas del Derecho Internacional Público: La Ascendencia del Derecho Ambiental Internacional
- Dr. Juan José Ruda Santolaria - 200 años de historia entrelazada entre América Latina y el Derecho Internacional Público
- Prof. Juan Antonio Travieso - ¿Cuales son los desafíos de la Política Mundial y el Derecho Internacional
- Prof. Monique Chemillier-Gendreau - La Arquitectura Política y Jurídica Mundial
- Dra. Hélène Tigroudja - Comité de Derechos Humanos de la ONU y Obligaciones y Derechos en el Mundo Actual
- Embajador Morales Pedraza - La No Proliferación y la Prohibición de Armas Nucleares
Saturday, January 9, 2021
- Rafael Braga da Silva, Synergies between Core and Transnational Crimes: An Analysis from the Perspective of the Rome Statute
- Christopher P Evans, Remedying the Limitations of the CTBT? Testing under the Treaty on the Prohibition of Nuclear Weapons
- Kathryn Greenman, Common Article 3 at 70: Reappraising Revolution and Civil War in International Law
- Rachel Killean & Luke Moffett, What’s in a Name? ‘Reparations’ at the Extraordinary Chambers in the Courts of Cambodia
- Jessica C Lai & Shmuel I Becher, Front-of-Pack Labelling and International Trade Law: Revisiting the Health Star Rating System
- Asli Ozcelik, Entrenching Peace in Law: Do Peace Agreements Possess International Legal Status?
- Rebecca Cordell, The Political Costs of Abusing Human Rights: International Cooperation in Extraordinary Rendition
- Sarah Maxey, Limited Spin: When the Public Punishes Leaders Who Lie about Military Action
- Carla Martinez Machain, Exporting Influence: U.S. Military Training as Soft Power
- Nizan Feldman, Ehud Eiran, & Aviad Rubin, Naval Power and Effects of Third-Party Trade on Conflict
- Allan Dafoe, Sophia Hatz, & Baobao Zhang, Coercion and Provocation
- Yen-Sheng Chiang, Indirect Reciprocity for Mitigating Intergroup Hostility: A Vignette Experiment and an Agent-based Model on Intergroup Relations between Mainland Chinese and Taiwanese
- Jun Koga Sudduth, Who Punishes the Leader? Leader Culpability and Coups during Civil War
- Jori Breslawski, The Social Terrain of Rebel Held Territory
- Heather Elko McKibben, & Amy Skoll, Please Help Us (or Don’t): External Interventions and Negotiated Settlements in Civil Conflicts
- Luwei Ying, How State Presence Leads to Civil Conflict
- Nam Kyu Kim, Previous Military Rule and Democratic Survival
- Carl Müller-Crepon, Philipp Hunziker, & Lars-Erik Cederman, Roads to Rule, Roads to Rebel: Relational State Capacity and Conflict in Africa
- Jon Echevarria-Coco & Javier Gardeazabal, A Spatial Model of Internal Displacement and Forced Migration
- Data Feature
- Wukki Kim, Justin George, & Todd Sandler, Introducing Transnational Terrorist Hostage Event (TTHE) Data Set, 1978 to 2018
Friday, January 8, 2021
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs.
- Roy Goode, Creativity and Transnational Commercial Law: From Carchemish to Cape Town
- Katie A Johnston, Identifying the Jus Cogens Norm in the Jus Ad Bellum
- Bryan Mercurio, Ross Buckley, & Erin Jiangyuan Fu, The Legitimacy of Capital Controls During A Retreat from Globalisation
- Shane Darcy, Accident and Design: Recognising Victims of Aggression in International Law
- Enrico Partiti, Polycentricity and Polyphony in International Law: Interpreting the Corporate Responsibility to Respect Human Rights
- Vid Prislan, Judicial Expropriation in International Investment Law
- Mmiselo Freedom Qumba, Assessing African Regional Investment Instruments and Investor–State Dispute Settlement
- Shorter Articles
- Giulio Bartolini, The Failure of ‘Core Capacities’ Under the WHO International Health Regulations
- Alessandra Spadaro, Repatriation of Family Members of Foreign Fighters: Individual Right or State Prerogative?
Thursday, January 7, 2021
- Michael Doyle & Elie Peltz, Finding Refuge through Employment: Worker Visas as a Complementary Pathway for Refugee Resettlement
- Ş. İlgü Özler, The United Nations at Seventy-Five: Passing the COVID Test?
- Roundtable: International Institutions and Peaceful Change
- Kai He, T. V. Paul, & Anders Wivel, Introduction: International Institutions and Peaceful Change
- David A. Lake, Whither the Liberal International Order? Authority, Hierarchy, and Institutional Change
- Anders Wivel & T. V. Paul, Soft Balancing, Institutions, and Peaceful Change
- Kai He & Huiyun Feng, International Institutions, Institutional Balancing, and Peaceful Order Transition
- Toni Erskine, Intergovernmental Organizations and the Possibility of Institutional Learning: Self-Reflection and Internal Reform in the Wake of Moral Failure
- Trine Flockhart, The Liberal International Order and Peaceful Change: Spillover and the Importance of Values, Visions, and Passions
- Mark Beeson, The Regional Path to Peaceful Change: What the Asian and European Experiences Tell Us
- Review Essay
- Cian O'Driscoll, International Political Theory 2020: The Worst of Times, the Best of Times
Evans & Modvig: Research Handbook on Torture: Legal and Medical Perspectives on Prohibition and Prevention
This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.
Wednesday, January 6, 2021
- Michael J. Soules, Women in uniform: the opening of combat roles in state militaries
- Katherine Sawyer & Talbot M. Andrews, Rebel recruitment and retention in civil conflict
- Elizabeth J. Menninga, Complementary mediation: Exploring mediator composition in civil wars
- Rong Wang & Aimei Yang, The Structure and Evolution of the International Human Rights Network:Unpacking the Influences of Countries’ Contextual Factors and Network Configurations
- Efe Tokdemir, Seden Akcinaroglu, H. Ege Ozen & Ekrem Karakoc, ‘Wars of Others’: National Cleavages and Attitudes towards External Conflicts
- Doron Ella, Categorization in international organizations
- Eyal Rubinson & Tal Sadeh, Perceived to slack: secondary securitization and multilateral treaty ratification in Israel
- Research Note
- Nick Dietrich & Kristine Eck, Known unknowns: media bias in the reporting of political violence
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH), an intergovernmental organisation dedicated to developing multilateral legal instruments pertaining to personal, family and commercial legal situations that cross national borders. The Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Written by international experts who have all directly or indirectly contributed to the work of the HCCH, chapters analyse its structure and working methods, as well as explore its significant achievements in the areas of international family law, civil procedure, legal co-operation, commercial and finance law. The contributors also discuss the many challenges both the HCCH and other global organisations are facing, including the advent of regionalism and renewed nationalism.