Saturday, June 10, 2023
Call for Papers: Global constitutionalism and supranational adjudicative bodies: Global south experiences vis-à-vis hegemony
Friday, June 9, 2023
Shany: Human Rights Norms Applicable in the Situation of Armed Conflict: Beyond the Lex Generalis/Lex Specialis Framework
The interplay between international humanitarian law (IHL) and international human rights law (IHRL) continues to hold the attention of experts and decision-makers. The instability of existing law and practice relating to co-application, underlies efforts to move beyond the lex specialis/lex generalis framework – either by returning to the pre-co-application status quo or by developing new hybrid norms that draw on contents found in both IHL and IHRL. Both of these moves are complicated, however, by the growing relevance of an additional body of international law – jus ad bellum ¬– to situations of armed conflict.
The present article tracks the main fluctuations in international law doctrine concerning the co-application of IHL and IHRL, as reflected inter alia in the caselaw of international courts and tribunals, the work of UN human rights treaties bodies and the academic literature on the topic. It shows that, contrary to accepted wisdom in the field, the lex generalis/specialis framework serves as the starting point, but certainly not the end point, of the legal analysis, and that there is growing support for the emergence of new approaches to the interplay between IHL and IHRL. These new approaches are also informed, inevitably, by new doctrinal developments relating to the interplay between IHRL and jus ad bellum.
Part 1 surveys the main normative developments leading up to the emergence of the doctrine of co-application in the 1996 International Court of Justice (ICJ) Nuclear Weapons advisory opinion. Part 2 describes the changes in the application of the lex specialis rule in the period after the advisory opinion. Part 3 discusses the move beyond the lex generalis/specialis framework represented by attempts to limit co-application and to develop new hybrid rules, and Part 4 considers the impact of the co-applicability of IHRL and jus ad bellum on lex generalis/specialis framework.
Call for Papers: V Jornadas Chilenas de Derecho Antártico
New Issue: GlobaLex
- Antonella Corradi, Researching International Food Law
- Ufuoma Lamikanra, Introduction to the Norms and Institutions of the African Union
- Gloria Orrego Hoyos, The Amparo Context in Latin American Jurisdiction: An Approach to an Empowering Action
Berkes: International Law and De-Occupation Legislation
Recently, various States elaborated constitutional laws on the status and reintegration of parts of their territory under military occupation. “De-occupation” is understood as the (purported or actual) takeover of effective control over a temporarily occupied territory by the territorial State having the sovereign title over the area. After de-occupation, the classical concept of postliminium holds that it is a matter for domestic law to determine what legal status, rights, and duties shall attach to inhabitants, territory, and personal property restored to the jurisdiction of a State. As a main rule, contemporary international law still maintains this view: any measure carried out by the occupying power does not survive unless the territorial State so wishes. However, due to its expansion, international law restricts postliminium by requiring the territorial State to allow certain legal effects of the occupant’s acts and policies, and to enhance local ownership in the de-occupied territory. By analysing the international obligations and domestic law of Georgia, the Republic of Moldova, Ukraine and Azerbaijan, selected as case studies on actual or prospective de-occupation, the paper identifies certain rules of international law that require the territorial State to enact its domestic law with a view to humanize and democratize transition.
Carcano & Scovazzi: Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights
This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, exploring some still contentious issues, and stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume significant portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.
Thursday, June 8, 2023
New Issue: Rivista di Diritto Internazionale
- Articoli
- Donato Greco, Su natura e limiti della trasposizione di principi comuni in foro domestico nell’ordinamento internazionale
- Daniele Mandrioli, L’applicazione degli obblighi sul soccorso in mare rispetto alla navigazione a guida autonoma
- Note e Commenti
- Marina Mancini, Il conflitto tra federazione russa e ucraina e i limiti posti dal diritto internazionale ad un accordo di pace
- Niccolò Lanzoni, The principles and criteria governing the interpretation of international judgments as applied by international Courts and Tribunals
New Volume: Asian Yearbook of Human Rights and Humanitarian Law
- Part 1: Human Rights Protection and Erosion during the (Post-)COVID-19 Pandemic
- Qian Liu & Yucong Zhang, “We Got Nothing to Lose”: Covid-19, Excessive Surveillance, and the Right to Privacy in China
- Nauman Reayat, Juristocracy before, during, and after COVID-19 in Hybrid Regimes: Evidence from Pakistan
- Mohammed Towhidul Islam & Md Jahid Al-Mamun, Home Renters’ Protection in Bangladesh during the COVID-19 Pandemic under the Rights’ Fabric of the Constitution: Options and Challenges
- Nafees Ahmad, COVID-19, Inter-Religious Strife and the Erosion of Human Rights in India
- Zeynab Malakouti Khah & Clive Walker, Humanitarian Relief from COVID-19: The Treatment of Iran under the U.S. Unilateral Sanctions
- Part 2: Economic, Social and Environmental Rights Contestation and Evolution
- Muttukrishna Sarvananthan & Navaratnam Sivakaran, The Imperative for Justiciability of Economic, Social, and Cultural Rights in Post-Civil War Sri Lanka
- Jayvy R. Gamboa, Just Transition on the Margins of Labour Law: Integrating Legal Adaptive Capacity and Philippine Administrative Legal Framework
- Mohamad Nasir, Coal Mining Operations and Environmental Rights Violations in the East Kalimantan Province, Indonesia
- Part 3: Human Rights Protection of Vulnerable Persons
- Saumya Uma, Marital Rape in South Asia: Colonial Origins and Postcolonial Challenges
- Nadhratul Wardah Salman, Saroja Dhanapal & Shad Saleem Faruqi, Illegitimate Children Plight and Protection under the Malaysian Dual Legal System
- Mohammad Abu Taher, Olivia Tan Swee Leng, & Siti Zaharah Jamaluddin, Exploring Older Persons’ Financial Abuse in Malaysia: Protecting through Empowerment, Prevention and Enforcement
- Adity Rahman Shah, The Un-peopling of Peoples: A Critical Study on the Justifiability of the Non-recognition of the Indigenous Peoples of the Chittagong Hill Tracts
- Part 4: Human Rights and Democratic Values under Threat
- Pavel Doubek, Towards the Criminalization of Torture in Taiwan: Prospects and Challenges
- Sergey Marochkin, From the Socialist Past towards Democratization and Back to the Authoritarian Regime: A Look through the Constitutional “Development” of Russia
- Steve Foster, Balancing Expectations of Privacy with Press Freedom: The UK Supreme Court’s Decision in Bloomberg v ZXC and the Balancing of Privacy and Free Speech by the European Court of Human Rights
New Volume: Australian International Law Journal
- Michael Douglas, Does Choice of Law Matter?
- Katherine O'Connell, 'An Island Entire of Itself'? The Case for Greater Consideration of International Law in Australian Judicial Decision-making
- Isabelle Peart, The Treaty on the Prohibition of Nuclear Weapons and the Fragmentation of Nuclear Disarmament Law: Creating Conflict or Filling the Gaps?
- Stephanie Erian, A Supply Chain Approach to Curbing the Illicit Trade of Cultural Property from Conflict Zones
- Yvonne Breitvieser-Fatia, State Responsibility for Breaches of Prevention Obligations: Is the Distinction Between Obligations of Conduct and of Result Useful?
- Joshua Wood, Non-Violent Cyber Attacks: A Contravention of Article 2(4)?
- Anjali Nadaradjane, Towards a guiding framework for 'Meaningful Human Control' in the Autonomous Weapons System Legal Debate
- Meghan Howvie, The Paradox of Safeguarding Cultural Heritage in China: What Uyghur Internment Camps Reveal about the Intangible Cultural Heritage Preservation Regime
- Oğuzhan Öztürk, Does the Purpose Clause of Article 25(3)(c) of the Rome Statute cause impunity? Applying the Purpose Clause to the Uyghurs as a Case Study
Wednesday, June 7, 2023
Labuda: Beyond rhetoric: Interrogating the Eurocentric critique of international criminal law’s selectivity in the wake of the 2022 Ukraine invasion
Russia’s full-blown invasion of Ukraine has reinvigorated the debate over international criminal law’s selectivity. While many have welcomed the renewed interest in accountability for international crimes in the wake of the ‘Ukraine moment’, others have emphasized double standards in the enforcement of international criminal law, including a lack of accountability for Western violations and disproportionate attention to European victims. This article interrogates the master narratives about international criminal law’s post-Ukraine selectivity and complicates accusations of bias by emphasizing Ukraine’s liminal status in the global order and the cross-border nature of aggression as an explanatory factor for differentiated responses from states. It suggests that concerns about an invidious ‘Ukraine effect’ on international criminal law enforcement are less persuasive after the International Criminal Court’s decade-long conflict with the African Union, and that a decentring of investigations to Eurasia should be construed not only as a moment of soul-searching but also as a welcome opportunity to rebalance the scales of justice. The article encourages international criminal law stakeholders to move beyond critique that unwittingly essentializes Eurocentric assumptions and to devise a more compelling vision of global criminal law enforcement that challenges crimes and inequalities both between and within states.
New Issue: International Review of the Red Cross
- Robert Muggah, Organized crime in armed conflicts and other situations of violence
- Speech by Mirjana Spoljaric, President of the International Committee of the Red Cross
- Hidden stories: survivors of organized crime Interviews
- Interview with Sophie Orr
- Interview with Ghada Whaly
- Pablo Kalmanovitz, Can criminal organizations be non-state parties to armed conflict?
- Mark Freeman & Mariana Casij Peña, Negotiating with organized crime groups: questions of law, policy and imagination
- Chiara Redaelli & Carlos Arévalo, Targeting drug lords: challenges to IHL between lege lata and lege ferenda
- Thomas Martial, Harvesting vulnerability: the challenges of organ trafficking in armed conflict
- Mara Tignino, The regulation of crimes against water in armed conflicts and other situations of violence
- Tosin Osasona, The question of definition: armed banditry in Nigeria’s North-West in the context of IHL
- Sally Longworth, Symbiosis in violence: A case study from Sierra Leone of the IHL implications of parties to the conflict engaging in organized crime
- Juan Francisco Padin, Opening Pandora’s box: the case of Mexico and the threshold of non-international armed conflict
- Najla Nassif Palma, Is Rio de Janeiro preparing for war? Combatting organized crime or engaging in a non-international armed conflict?
- Antoine Perret, Militarization and privatization of security: from the War on Drugs to the fight against organized crime in Latin America
- John P. Sullivan, Crime wars: operational perspectives on criminal armed groups in Mexico and Brazil
- Charlotte Mohr, Librarian’s Pick: Intersections in cultural heritage law, edited by Anne-Marie Carstens and Elizabeth Varner
- Saeed Bagheri, The Legal Limits to the Destruction of Natural Resources in Non- International Armed Conflicts: Applying International Humanitarian Law
- Pascal Daudin, The Rif War: A Forgotten War
- George Dvaladze, Unveiling claims of discrimination based on nationality in the context of occupation under international humanitarian and human rights law
- Kubo Mačák, Will the centre hold?: Countering the erosion of the principle of distinction on the digital battlefield
- Carrie McDougall, The Inspector-General of the Australian Defence Force Afghanistan Inquiry Report and the Applicability of Additional Protocol II to Intervening Foreign Forces
- Theodor Meron, The bystander, the Good Samaritan and the Just in the Holocaust and IHL
- Rebecca Mignot-Mahdavi, Rethinking direct participation in hostilities and continuous combat function in light of targeting members of terrorist non-state armed groups
- Anjli Parrin, “How did they die?”: bridging humanitarian and criminal-justice objectives in forensic science to advance the rights of families of the missing under international humanitarian law
- Romina Edith Pezzot, IHL in the era of climate change: the extra-territorial application of the UN climate change regime to belligerent occupations
- Rebecca Sutton & Emiliano J. Buis, Humanitarianism and affect-based education: emotional experiences at the Jean-Pictet Competition
- Arthur van Coller, Detonating the air: the legality of the use of thermobaric weapons under IHL
Tuesday, June 6, 2023
Sykes: The Law and Economics of International Trade Agreements
From the pen of highly esteemed trade scholar Alan Sykes, this book presents a rigorous introduction to the law and economics of modern international trade agreements.
With a bottom-up approach that requires neither a background in international trade law nor significant economics training, Sykes sets out to map and explain the complex dynamics of international trade agreements and institutions, synthesising legal analysis and cutting-edge economic research in order to present the reader with a sophisticated, holistic view of the field.
Against the backdrop of the current impasse in both negotiation and dispute settlement at the World Trade Organisation, the book charts a clear path from the historical origins of trade law and the international system, to the current state of play, including unpacking the major areas of controversy. It exposits the economic theory of trade agreements, discusses the role of international trade law in domestic legal systems and analyzes the role of self-enforcement and formal dispute resolution mechanisms. It provides lucid and detailed analysis of the restrictions, exceptions, obligations and special measures that constitute the core building blocks of international trade rules, including the distinct features of international trade in services. With an international outlook, the book also addresses the role of China in the world trading system, looking at such issues as the credibility of market access commitments, China's industrial policies, ‘forced technology transfer’ and currency manipulation.
New Issue: Europa Ethnica
- Ernst Steinicke, Igor Jelen & Peter Čede, Gefährdete und verschwundene ethnolinguistische Minderheiten in der Alpen-Adria-Region. Das Beispiel der deutschen Sprachinseln und der istrorumänischen Sprachgruppe
- Peter Thaler, Gemeinschaft im Wandel: Die deutsche Minderheit in Dänemark
- Richard Lein, The Burgenland Question 1919–1924. A bilateral and international problem
- Oskar Peterlini, Wahlrecht und Wahlsysteme. Stärken, Schwächen und Herausforderungen für eine beteiligte Demokratie
- Harald Christian Scheu & Ádám Pál, The return of the old ghosts? The so-called Beneš Decrees and the European protection of national minorities
- Pascal Frentiu, Nationsbildende Diskurse im spanischen Baskenland
- Brad R. Roth, Implementing “Two Peoples, One Future”: Conceptualizing Mutual Self-Determination in Israel-Palestine
- Andrea Carlà, Minority Issues from a Non-traditional Security Perspective: Cross-fertilization among Research Fields
New Issue: International Journal of Refugee Law
- Nuno Ferreira, Utterly Unbelievable: The Discourse of ‘Fake’ SOGI Asylum Claims as a Form of Epistemic Injustice
- Eric Fripp, Statelessness, Inability or Unwillingness to Return, and the ‘Country of His Former Habitual Residence’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees
- Noemi Magugliani, Trafficked Adult Males as (Un)Gendered Protection Seekers: Between Presumption of Invulnerability and Exclusion from Membership of a Particular Social Group
- Niamh Kinchin & Davoud Mougouei, What Can Artificial Intelligence Do for Refugee Status Determination? A Proposal for Removing Subjective Fear
- Salvatore Fabio Nicolosi, Health Emergency and Asylum Law in the European Union
- Hakkı Onur Arıner & Yiğit Kader, On the Removal of Asylum Seekers to Third Countries and the Scope of theEU–Turkey Readmission Agreement
- Jane McAdam, Moving beyond Refugee Law: Putting Principles on Climate Mobility into Practice
Olsen: Seeking Justice: Access to Remedy for Corporate Human Rights Abuse
Seeking Justice: Access to Remedy for Corporate Human Rights Abuse explores victims' varying experiences in seeking remedy mechanisms for corporate human rights abuse. It puts forward a novel theory about the possibility of productive contestation and explores governance outcomes for victims of corporate human rights abuse across Latin America. This foundation informs three pathways that victims can use to press for their rights: working within the institutional environment, capitalizing on corporate characteristics, and elevating voices. Seeking Justice challenges the common assumptions in the governance gap literature and argues, instead, that greater democratic practices can emerge from productive contestation. This book brings to bear tough questions about the trade-offs associated with economic growth and conflicting values around human dignity-questions that are very salient today, as citizens around the globe contemplate the type of democratic and economic systems that might better prepare us for tomorrow.
Conference: EU Accession to the ECHR: “If at first you don’t succeed . . .”
Schmitt & Koschnitzky: Prisoners of War in Contemporary Conflict
In 2021, the International Committee of the Red Cross released its Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (POWs). The new document updated the 1960 "Pictet Commentary." As a result, the attention of the law-of-armed-conflict community was refocused on the designation and treatment of POWs. The Lieber Institute for Law and Warfare at West Point launched a project to further examine the subject. The result is this book. Sadly, world events have made that examination especially timely.
Unlike the ICRC's updated Commentary, this book is not meant to be a comprehensive treatment of the international law relating to POWs. Rather, it is a collection of capita selecta identified by the contributors as meriting further examination - either because they are unsettled, inadequately addressed in the literature, or operationally problematic. The work is in three parts. Part I examines qualification for POW status. Discussion then moves in Part II to the treatment to which POWs are entitled. Part III concludes with a consideration of the historical relevance of, and perspectives on, the international law governing POWs.
As the drafters of the Third Geneva Convention emphasized over seventy years ago, the aim of the law is "to mitigate as far as possible, the inevitable rigours [of a war] and to alleviate the condition of prisoners of war." It is through that lens that scholars and practitioners should consider the rules governing POWs, and with which they should approach this book.
New Issue: International Journal of Human Rights
- Oktawian Nawrot, Justyna Nawrot & Valeri Vachev, The right to healthcare during the covid-19 pandemic under the European Convention on human rights
- Andrea Birdsall & Rebecca Sanders, Opportunistic oppression: U.S. migration restrictions and public health policy during the COVID-19 pandemic
- Olivera Simic & Kim Rubenstein, The challenge of ‘COVID-19 free’ Australia: international travel restrictions and stranded citizens
- Diana Qiu, Human rights protection under the ICCPR: when can and should States derogate? A critical analysis in the context of New Zealand’s COVID-19 response
- Fisnik Korenica & Bardhyl Hasanpapaj, Limitation of rights in the times of the COVID-19 pandemic: a view from Kosovo’s Constitutional Court’s ‘shaky’ jurisprudence
- Cornelia Klocker & Deborah Casalin, Discriminatory practices in armed conflict contexts: exploring (parallel) proceedings under the European Convention on Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination
- Safura Abdool Karim & Bonginkosi Shozi, Is a right to health a means to protect public health? South Africa as a model for a communitarian interpretation of the right to health for the promotion of public health
- Rosanna Barros, The right to education of adults in Portugal
New Issue: Human Rights Law Review
- Edmund Robinson, Evasive Manoeuvres: Strasbourg, the Hague Child Abduction Convention and the Absolute Prohibition on Ill-Treatment
- Adam Ploszka, All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption
- Kathryn McNeilly, ‘If Only for a Day’: The Universal Declaration of Human Rights, Anniversary Commemoration and International Human Rights Law
- Rachel Morrison-Dayan, Protecting the Right to Social Participation of Older Persons in Long-Term Care under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities
- Róisín Mulgrew, Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths
- Ayla Do Vale Alves, Children’s Religious Identity in Alternative Care and Adoption: The Need to Recentre the Child’s Best Interest in International Human Rights Adjudication
- Alexandre Skander Galand, Defer or Revise? Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts in Duplicative Legal Proceedings
- Alison Kesby, Enabling the Right to Liberty of the Person in Aged Care Homes
- Tuba Turan, The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies?
- Marius Emberland, The Committee on the Rights of the Child’s Admissibility Decisions in the ‘Syrian Camps Cases’ against France: a Critique from the Viewpoint of Treaty Interpretation
New Issue: Transnational Legal Theory
- Articles
- Peer Zumbansen, Law as critical cartography: global value chains, borders, and the spatialisation of vulnerability
- Rachel Griffin, Public and private power in social media governance: multistakeholderism, the rule of law and democratic accountability
- Review Articles
- Ioannis Kampourakis, The standard of civilisation: between legal indeterminacy and political economy
- Andrea Leiter, Perimeters of possibility: legal imagination and structural indeterminacy in international legal thought
Monday, June 5, 2023
Platjouw & Pozdnakova: The Environmental Rule of Law for Oceans: Designing Legal Solutions
Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe.
Call for Submissions: Groningen Journal of International Law
TOPIC:
The Journal is open to all contributions on international law.
PRACTICAL INFORMATION:
The Editorial Board will select the articles after a quality of research and writing check, as well as according to the relevance of the topic. It also undertakes the responsibility of reviewing the articles as regards both language and formatting. The word limit for accepted articles is 7,000 to 15,000 words (excluding footnotes). For more detailed information please consult the GroJIL author guidelines here: https://lnkd.in/gT-gE25
The Editorial Board generally commits itself to reviewing manuscripts within 30 days. If you want your article to be considered for publication please submit it by sending an email to board@grojil.org.
SUBMISSION DEADLINE: August 1st, 2023
Submit your article: board@grojil.org
Call for Submissions: Humanitarian actors (Yearbook of International Humanitarian Law)
New Volume: ASCOMARE Yearbook on the Law of the Sea
- Fisheries and the Law of the Sea in the Anthropocene Era
- Pietro Consolandi & Mekhala Dave, Haunting Pasts to Flowing Futures: In Search of Oceanic Agency
- Óscar Cabello Sarubbi, ITLOS Advisory Opinions and International Law
- Mercedes Rosello, Disordered Legal Pluralism and Legal Security in Internationally Shared Fisheries
- Kyle Fawkes, Julia Nakamura, & Mitchell Lennan, Leveraging International Fisheries Law for Maritime Security in the Anthropocene: Addressing Conflicts in Fisheries
- Andrea Longo, The Human Dimension of Fishing Activities: Towards a Broader Meaning of Illegal Fishing?
- Chin-Chia Tien, Reflections on the Human-Fish Nexus in the Law of the Sea: Innovations in Legal Doctrine for Sustainable Fisheries
- Johanna Sophie Bürkert, The Central Arctic Ocean Fisheries Agreement – Legislating for Resilience? An analysis of the CAOF Agreement from a Socio-Ecological Systems Resilience Perspective
- Felipe Morais Santos & Camila Graciola, Development and Innovation in Fisheries and Aquaculture in Brazil: A Legal Analysis
- Tullio Scovazzi, The Italian Exclusive Economic Zone
- Pierandrea Leucci, Enforcement Jurisdiction Against Ships Without Nationality Fishing on the High Sea
- Pierandrea Leucci & Ilaria Vianello, Concluding Remarks
New Issue: Stanford Journal of International Law
- Yvonne M. Dutton, The ICC in Action: Using Plea-with-Cooperation Agreements to Bring Government Leaders to Justice
- Charles P. Trumbull, IV, Proportionality, Double Effects, and the Innocent Bystander Problem in War
Kulick & Waibel: General International Law in International Investment Law - Introductory Chapter
This forthcoming Commentary on General International Law in International Investment Law is the first volume that systematically and comprehensively brings together the various areas of general international law relevant to international investment law and views them from the latter’s perspective: How do investment tribunals use the rules of attribution, state succession, and treaty interpretation? Does their interpretation and/or application deviate from the practice of the International Court of Justice (‘ICJ’) or other international courts and tribunals, and if so, why? In 47 entries, the Commentary engages systematically with specific provisions and their interpretation and application and provides a comprehensive guide to all relevant case law and scholarship. It serves as a work of reference for scholars and practitioners on how investor-state tribunals apply specific rules of general international law, whether and why such interpretation and application deviates from overall general international law practice, and on how a certain rule that has yet to feature in investment arbitration could and should be interpreted and applied, considering judicial decisions on comparable rules.
This introductory chapter explains the Commentary’s aims and goals (A.), the specific semi-systematic format it employs (B.) and defines the concept of ‘general international law’ it relies on (C.). Section D provides an overview of the selected provisions on general international law included in the Commentary, pertaining to four areas: The law of treaties (D.I.); the law of international responsibility (D.II.); the law of state succession, sources and immunity (D.III.); and substantive and procedural aspects of general international law in international investment law (D.IV.). The conclusion identifies where investment tribunals align with, or deviate from, other international courts and tribunals, especially the ICJ, in the interpretation and application of general international law and where such investment arbitration case law inheres the potential to influence the overall practice and doctrine of general international law (E.).
Call for Papers: China and Europe in the African Continent: Economic, Legal and Political Perspectives
Conference: Transitional Justice beyond the State: Non-State Actors as Object and Agents in Transitional Justice Processes
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Annita Larissa Sciacovelli, International Law Aspects of Information Warfare in the Digital Age
- Donato Greco, Considerazioni critiche sull’obbligo di condurre una valutazione di impatto ambientale nel diritto internazionale
- Osservatorio Europeo
- Federico Casolari, L’Unione europea e la gestione dei disastri: considerazioni di natura sistemica a partire dalla reazione sovranazionale alla pandemia di Covid-19
- Andrea Mensi, Sviluppo sostenibile e meccanismi di risoluzione delle controversie negli accordi commerciali conclusi dall’Unione europea: criticità e nuove prospettive
- Osservatorio Diritti Umani
- Eduardo Savarese, Indipendenza dei giudici e procedimenti disciplinari tra diritti umani e rule of law
- Anna Fazzini, L’applicabilità extraterritoriale degli obblighi positivi in materia di diritti umani: il rimpatrio dei familiari dei foreign fighters francesi
- Note e Commenti
- Cristina Evanghelia Papadimitriu, Le comunità energetiche rinnovabili: le protagoniste della transizione ecologica
Call for Papers: 2024 ESIL Research Forum
Sunday, June 4, 2023
Workshop: New international histories of decolonisation and the United Nations
Conference: PluriCourts Concluding Conference
Dawson: International Law and Sea-Dumped Chemical Weapons
Following the two world wars of the twentieth century, governments decided to dispose of unwanted chemical weapons in the world's oceans. The deleterious consequences of this decision for the earth's precious marine environment are now becoming clear. As the issue of sea-dumped chemical weapons cannot be contained by borders, we will all have to deal with the adverse effects on our fragile planetary ecosystem. While states have made some efforts to address the situation, unresolved international legal issues remain.
International Law and Sea-Dumped Chemical Weapons contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored.
Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity's past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.