Saturday, March 6, 2021

Geiß & Melzer: The Oxford Handbook of the International Law of Global Security

Robin Geiß
(Univ. of Glasgow - Law) & Nils Melzer (Univ. of Glasgow - Law) have published The Oxford Handbook of the International Law of Global Security (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks?

The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 10, no. 1, March 2021) is out. Contents include:
  • Editorial
    • Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Broadening the Branches and Deepening the Roots of Transnational Environmental Law
  • Articles
    • Fanny Thornton, Of Harm, Culprits and Rectification: Obtaining Corrective Justice for Climate Change Displacement
    • Sanja Bogojević & Mimi Zou, Making Infrastructure ‘Visible’ in Environmental Law: The Belt and Road Initiative and Climate Change Friction
    • Bingyu Liu, China's State-Centric Approach to Corporate Social Responsibility Overseas: A Case Study in Africa
    • Josh B. Martin, Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage
    • Guillaume Futhazar, The Normative Nature of the Ecosystem Approach: A Mediterranean Case Study
    • Jona Razzaque & Claire Lester, Why Protect Ancient Woodland in the UK? Rethinking the Ecosystem Approach
    • Kathleen Garnett & Geert Van Calster, The Concept of Essential Use: A Novel Approach to Regulating Chemicals in the European Union

Friday, March 5, 2021

New Issue: Journal of Global Security Studies

The latest issue of the Journal of Global Security Studies (Vol. 6, no. 3, September 2021) is out. Contents include:
  • Vincent Pouliot, The Gray Area of Institutional Change: How the Security Council Transforms Its Practices on the Fly
  • Martin Binder & Monika Heupel, The Politics of Legitimation in International Organizations
  • Courtney J Fung & Shing-hon Lam, Contesting Roles: Rising Powers as “Net Providers of Security”
  • Nathan Alexander Sears, International Politics in the Age of Existential Threats
  • Mariya Omelicheva & Clayton Webb, Economic Crises and Terrorism: Analyzing Competing Economic Pressures on Terrorism in Russia
  • Howard Liu, Elite Competition, Local Extraction, and Social Unrest: Understanding Mass Protest in Authoritarian Regimes
  • Julie Wilhelmsen, Spiraling toward a New Cold War in the North? The Effect of Mutual and Multifaceted Securitization
  • Paul Kirby & Laura J Shepherd, Women, Peace, and Security: Mapping the (Re)Production of a Policy Ecosystem
  • Reyko Huang & Mohammad Ayatollahi Tabaar, We Are All Coethnics: State Identities and Foreign Interventions in Violent Conflict
  • Sefa Secen, Explaining the Politics of Security: Syrian Refugees in Turkey and Lebanon
  • Maria Josua, What Drives Diffusion? Anti-Terrorism Legislation in the Arab Middle East and North Africa
  • Michael A Rubin & Richard K Morgan, Terrorism and the Varieties of Civil Liberties
  • Stephen Pampinella, “The Way of Progress and Civilization”: Racial Hierarchy and US State Building in Haiti and the Dominican Republic (1915–1922)
  • Ore Koren & Bumba Mukherjee, Civil Dissent and Repression: An Agency-Centric Perspective
  • Christoph Valentin Steinert, Who Is a Political Prisoner?
  • Kendrick Kuo, Military Innovation and Technological Determinism: British and US Ways of Carrier Warfare, 1919–1945
  • David M McCourt, Hegemonic Field Effects in World Politics: The United States and the Schuman Plan of 1950
  • Lisa Langdon Koch & Matthew Wells, Still Taboo? Citizens’ Attitudes toward the Use of Nuclear Weapons

Webinar Series: Semi-Colonialism and International Law

The Centre for International Legal Studies at the Jindal Global Law School (JGLS) and the Addis Ababa University IHL Clinic have announced a webinar series on “Semi-Colonialism and International Law,” beginning March 11, 2021. Details and the program are here.

Thursday, March 4, 2021

8th SIEL Conversation: Managing Trade, Health and Equitable Access to Medicines during a Global Pandemic

The 8th SIEL Conversation, on the topic "Managing Trade, Health and Equitable Access to Medicines during a Global Pandemic," will take place on Thursday, March 18, 2021. Registration and other details are available here.

Panel: U.S. Rejoining the Paris Climate Agreement

On March 10, 2021, West Virginia University, in collaboration with the American Society of International Law's Interest Group on International Environmental Law and the European Society of International Law's Interest Group on International Environmental Law, will host a panel discussion on "U.S. Rejoining the Paris Climate Agreement." Details are here.

Wednesday, March 3, 2021

Call for Applications: Research Associate - Nuclear Law and Policy (NUS Centre for International Law)

The Centre for International Law at the National University of Singapore invites applications for the position of Research Associate (Nuclear Law and Policy). The call is here.

Sekalala, Perehudoff, Parker, Forman, Rawson, & Smith: An intersectional human rights approach to prioritising access to COVID-19 vaccines

Sharifah Sekalala (Univ. of Warwick - Law), Katrina Perehudoff (Univ. of Amsterdam - Law), Michael Parker (Univ. of Oxford - Ethox Centre), Lisa Forman (Univ. of Toronto - School of Public Health), Belinda Rawson (Univ. of Warwick - Law), & Maxwell Smith (Western Univ. - School of Health Studies) have published An intersectional human rights approach to prioritising access to COVID-19 vaccines (BMJ Global Health, Vol. 6, no. 2, 2021). Here's the abstract:
We finally have a vaccine for the COVID-19 crisis. However, due to the limited numbers of the vaccine, states will have to consider how to prioritise groups who receive the vaccine. In this paper, we argue that the practical implementation of human rights law requires broader consideration of intersectional needs in society and the disproportionate impact that COVID-19 is having on population groups with pre-existing social and medical vulnerabilities. The existing frameworks/mechanisms and proposals for COVID-19 vaccine allocation have shortcomings from a human rights perspective that could be remedied by adopting an intersectional allocative approach. This necessitates that states allocate the first COVID-19 vaccines according to (1) infection risk and severity of pre-existing diseases; (2) social vulnerabilities; and (3) potential financial and social effects of ill health. In line with WHO’s guidelines on universal health coverage, a COVID-19 vaccine allocation strategy that it is more consistent with international human rights law should ensure that vaccines are free at the point of service, give priority to the worst off and be allocated in a transparent, participatory and accountable prioritisation process.

Wheatley: Foreign Interference in Elections under the Non-intervention Principle

Steven Wheatley (Lancaster Univ. - Law) has published Foreign Interference in Elections under the Non-intervention Principle (Duke Journal of Comparative & International Law, Vol. 31, no. 1, pp. 161-197, 2020). Here's the abstract:
This article looks at the problem of foreign state cyber and influence operations targeting democratic elections through the lens of the non-intervention principle. The work focuses on the meaning of “coercion” following the 1986 Nicaragua case, wherein the International Court of Justice concluded that “Intervention is wrongful when it uses methods of coercion.” By explaining the meaning of “coercion,” this article demonstrates that the long-established principle of non-intervention can regulate the new problem of cyber and influence operations targeting elections, including the hacking of the information and communications technologies used in elections and fake news operations and disinformation campaigns intended to cause policy paralysis or manipulate the views of the population.

Lecture: Kittichaisaree on "International Tribunal for the Law of the Sea: Upholding the Rule of Law at Sea "

On March 8, 2021, Kriangsak Kittichaisaree (Judge, International Tribunal for the Law of the Sea) will deliver a lecture on "International Tribunal for the Law of the Sea: Upholding the Rule of Law at Sea" as part of the Essex Public International Law Lecture Series. Details are here.

ASIL: Proceedings of the 114th Annual Meeting

The Proceedings of the 114th Annual Meeting of the American Society of International Law (2020), edited by Adejoké Babington-Ashaye (World Bank), Ruchi G. Gill (U.S. Congressional Staff), & Jarrod Wong (Univ. of the Pacific - McGeorge School of Law), is now available. The table of contents is here.

Saunders: General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice

Imogen Saunders
(Australian National Univ.) has published General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (Hart Publishing 2021). Here's the abstract:

This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike.

At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

Tuesday, March 2, 2021

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 16, no. 3, 2021) is out. Contents include:
  • Piero Bellante, Laura Carola Beretta, Barbara Bonafini, Davide Rovetta, & Vincenzo Villante, Note to the Court of Justice Judgment in Case C-775/19, 5th Avenue Products Trading: The Condition of the Sale and the Transaction Value Under EU Customs Valuation Law
  • Tim Maxian Rusche, Judgment of the Court of Justice in Case C-461/18 P Changmao v. Distillerie Bonollo and Others
  • Saleh Al Shraideh, Reflections on Developing Countries’ Initiation of Disputes in the WTO Dispute Settlement System
  • Sang Man Kim, Right Choice of DPU in Incoterms 2020
  • Gabriela Loureiro de Sousa, Incoterms, VAT and Customs: International Trade of Tangible Goods

Panel: The Tyranny of Choice and the Interpretation of Standards: Why the ECtHR uses Consensus

On March 18, 2021, the NYU Journal of International Law & Politics will host a roundtable event on Daniel Peat's forthcoming article, "The Tyranny of Choice and the Interpretation of Standards: Why the ECtHR uses Consensus" (available here). Details are here; registration is here.

Ivanova: The Untold Story of the World's Leading Environmental Institution: UNEP at Fifty

Maria Ivanova
(Univ. of Massachusetts, Boston - Graduate School of Policy and Global Studies) has published The Untold Story of the World's Leading Environmental Institution: UNEP at Fifty (MIT Press 2021). Here's the abstract:

The United Nations Environmental Programme (UNEP) was founded in 1972 as a nimble, fast, and flexible entity at the core of the UN system—a subsidiary body rather than a specialized agency. It was intended to be the world's environmental conscience, an anchor institution that established norms and researched policy, leaving it to other organizations to carry out its recommendations. In this book, Maria Ivanova offers a detailed account of UNEP's origin and history and a vision for its future. Ivanova counters the common criticism that UNEP was deficient by design, arguing that UNEP has in fact delivered on much (though not all) of its mandate.

Drawing on extensive interviews she conducted with UNEP's past and present Executive Directors, staff, and two former UN Secretaries-General, Ivanova provides rare insight into the organization's functioning. She shows that UNEP was able to resolve problems and launch important processes when it had financial and political support. Its failures and limitations came when the environment slipped as a priority, leadership faltered, and connectivity was challenged. UNEP's fiftieth anniversary, Ivanova argues, presents an opportunity for reinvention. She envisions a future UNEP that is the go-to institution for information on the state of the planet, a normative vision of global environmental governance, and support for domestic environmental agendas.

Monday, March 1, 2021

New Issue: Journal du Droit International

The latest issue of the Journal du Droit International ("Clunet") (Vol. 148, no. 1, Janvier-Février-Mars 2021) is out. Contents include:
  • Doctrine
    • Bernard Teyssié, Les principes directeurs de l’OCDE à l’intention des entreprises multinationales
    • Dominique Junior Zambo Zambo, Droit international ordinaire et droit communautaire dans l’ordre juridique camerounais : libres propos sur la recherche d’une différenciation
  • Variétés
    • Catherine Kessedjian, The Hague Rules on Business and Human Rights Arbitration ou comment l’arbitrage et la médiation peuvent renforcer le respect des droits de l’homme par les entreprises
    • Francesco Seatzu, La règle de l’interdiction du recours à la famine comme méthode de guerre : sommes-nous face à une nouvelle règle du droit international général ?

Villarreal: The Security Council and COVID-19 – Towards a Medicalization of International Peace and Security

Pedro Villarreal (Max Planck Institute for Comparative Public Law and International Law) has posted an ESIL Reflection on The Security Council and COVID-19 – Towards a Medicalization of International Peace and Security.

AJIL Unbound Symposium: New Challenges in Weapons Inspection

AJIL Unbound has posted a symposium on "New Challenges in Weapons Inspection." The symposium includes an introduction by Jean Galbraith and contributions by David A. Koplow, Åke Sellström, Jennie Gromoll, Mallory Stewart, and Przemysław Roguski.

Call for Papers: Tenth Annual Junior Faculty Forum for International Law

A call for papers has been issued for the Tenth Annual Junior Faculty Forum for International Law, convened by Christof Heyns (Univ. of Pretoria - Law), Dino Kritsiotis (Univ of Nottingham - Law), Sarah M.H. Nouwen (European Univ. Insitute & Univ. of Cambridge - Law), Dire D. Tladi (Univ. of Pretoria - Law), and J.H.H. Weiler (New York Univ. - Law). The Tenth Forum will be held at the University of Pretoria on December 13, 14, and 15, 2021. Please note that the convenors are aiming at an in-person event (although are reserving the virtual format as a default option). This year, the Forum will be open to junior faculty who are working at an institution on the African continent or whose proposed work will have a strong African focus. Applications must be submitted by the deadline of May 7, 2021. Full details of the application procedure can be found here.

Sunday, February 28, 2021

Sutton: The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law

Rebecca Sutton
(Univ. of Edinburgh - Law) has published The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law (Oxford Univ. Press 2021). Here's the abstract:

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague.

Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 78, 2021) is out. Contents include:
  • The Judicial Function of the ICC and its Territorial Basis
    • Introduced by Beatrice I. Bonafé and Alessandro Bufalini
    • Michail Vagias, Understanding the judicial function of the ICC as regards territory: A story of prosecution caution
    • Alice Riccardi, The Palestine Decision and Territorial Jurisdiction of the ICC: Is the Court Finding its Inner Voice?
    • Monique Cormier, Testing the boundaries of the ICC's territorial jurisdiction in the Afghanistan situation