- Laura Fraedrich & Christian C. Contardo, State Activism and Federal Power: Economic Sanctions, Foreign Direct Investment and Environmental, Social and Governance Laws
- Nguyen Phan Quoc & Linh Le Nhat, Geographical Indications in Vietnam: Protection and Legal Issues
- Hyo-Eun Jang, Korea and the CISG: Recent Cases
- Man Teng Iong, The Role of China in Enhancing Global Supply Chains: Legal Obstacles and Solutions
- Doan Hong Le, Nguyen Thanh Truc, Vuong Tuan Nam, Tran Van Trang, Pham Thuy Hong, & Nguyen Trọng Sinh, The Role of Tariffs in Modernizing Customs Procedures in Vietnam: The Case of Saigon Port Customs Area 4
Saturday, August 19, 2023
New Issue: Global Trade and Customs Journal
Cuddy & Kattan: Making Endless War: The Vietnam and Arab-Israeli Conflicts in the History of International Law
Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.
New Issue: Journal of Human Rights Practice
- Articles
- Kirandeep Kaur, Ben Grama, Nairita Roy Chaudhuri, & Maria Jose Recalde-Vela, Ethics and Epistemic Injustice in the Global South: A Response to Hopman’s Human Rights Exceptionalism as Justification for Covert Research
- Marieke Janne Hopman, Guleid Ahmed Jama, Olga Zvonareva, Artūrs Hoļavins, & Anonymous, Speaking of Epistemic Injustice: A Reply
- Julia Hernandez & Anne Levesque, Movement Lawyering and the Caring Society Litigation
- Alena Kahle & Ole Hammerslev, Activating Citizenship through NGO-Led Litigation: Shaping the Neoliberal State to Eradicate Manual Scavenging in India
- Emese Ilyés, Melania Chiponda, Sukti Dhital, Meg Satterthwaite, Aakanksha Badkur, Antonio Gutierrez, Bethany Carson, Dyari Mustafa, Felipe Mesel, Francesca Feruglio, Noor Mushin, Poorvi Chitalkar, Shreya Sen, Tim Kakuru,Tom Weerachat, & Tyler Walton, Human Rights Beyond the Colonial Imagination: Legal Empowerment and Techniques of Delegitimation
- Kirsten Roberts Lyer, Change at the Top: The Necessity of Transitional Leadership Provisions in the Laws of Independent State-Based Institutions
- Marie Claire Van Hout, Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe
- Stephen Brown, Visibility or Impact? International Efforts to Defend LGBTQI+ Rights in Africa
- Islam Jusufi, The EU’s International Relations in the Practice of Criticizing the Human Rights Record of Russia
- Daniel Aguirre & Irene Pietropaoli, Heightened Human Rights Due Diligence in Practice: Prohibiting or Facilitating Investment in Conflict Affected Areas?
- Ben Luongo, Human Rights Violations, Moral Emotions, and Moral Disengagement: How States use Moral Disengagement to Justify their Human Rights Abuses
- Marilyn Crawshaw, Sanna Eriksson, and Margot Brown, Using a Volunteer Friends Support Scheme in a Temporary Relocation Programme
- Policy and Practice Notes
- Janine Natalya Clark, Where are the Voices and Experiences of Persons with Disabilities/Disabled People in Transitional Justice Research and Practice?
- David M . Doyle, Joe Garrihy, Maria Cleary, & Muiread Murphy, Foreign National Prisoners and Religious Practice in Irish Prisons
- Sheena Swemmer, Amicus Curiae Applications in Malawi—Reflections of a South African Practitioner
- Marie Claire Van Hout, Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19
Thursday, August 17, 2023
Azaria: The Conditions for Inferring a 'Dispute' from State Silence
Silence as opposition has been under-explored in international law scholarship. This article focuses on the legal meaning of State silence as opposition with a view to establishing the existence of a dispute, which is a requirement for the existence of jurisdiction of numerous international courts and tribunals. Building on the pleadings before and decisions of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (‘ITLOS’), arbitral awards of tribunals having jurisdiction under Annex VII of LOSC, and investment inter-State arbitral decisions, this study argues that State practice and international decisions support the proposition that three conditions must exist in order for opposition and thus a dispute to be inferred from the silence of a prospective respondent State. First, a State must fail to respond, namely it remains silent Second, the silence must be in response to a claim by another State. Third, the claim must be made in circumstances that call for the silent State’s reaction. These stringent conditions make the inference of opposition and of a dispute from State silence an exceptional eventuality, and do not lower but arguably even heighten the threshold for establishing jurisdiction.
Heath: ‘Rival Lawmakers’: China’s Boycotts and the Making of Modern Economic Sanctions
This paper traces the influence of a series of Chinese boycotts between 1905 and 1932 on the development of the law concerning modern economic sanctions. During this period, Chinese citizens, often despite official condemnation from the government, launched a series of protests targeting American, British, and Japanese goods. These boycotts caused economic damage, disrupted international relations, and at times won significant political victories. At the same time, they captured the attention and imaginations of peace advocates, lawyers, and scholars, who saw in the boycotts either a fundamental threat to state-based legal ordering, a promising avenue for enforcing interstate peace, or, most radically, an engine for new forms of political organization outside of the typical forms of state and empire. And, in responding to the boycotts, these lawyers and scholars articulated a set of principles that, today, form the basis for the modern law of economic sanctions.
This history, it is argued, requires us to reconsider the conventional wisdom on economic sanctions. This paper encourages a break from prevailing narratives, emphasizing instead the role of non-Western ideas. It challenges any attempt to draw easy distinctions between private, citizen-led boycotts and state-based economic sanctions, showing how arguments about the two practices were long intertwined. It demonstrates how the actions of the Chinese boycotters impacted the international legal history of modern sanctions, and it shows how this history might have unfolded differently. And it recovers the relationship between economic sanctions and fundamental questions of state formation and legal ordering, which remain relevant today.
New Volume: Recueil des Cours
- Volume 432
- Hélène Ruiz Fabri, La justice procédurale en droit international
- Malcolm N. Shaw, A House of Many Rooms: The Rise, Fall and Rise Again of Territorial Sovereignty?
- Péter Kovács, L’individu et sa position devant la Cour pénale international
New Issue: Transnational Legal Theory
- Symposium: International Law and Political Morality
- Alex Green & Alexandra Hearne, Introduction
- Thomas Bustamante, Dworkin’s interpretivism, legal monism, and the threat of ‘authoritarian’ international law
- Alain Zysset & Başak Çalı, Exhausting domestic remedies or exhausting the rule of law? Revisiting the normative basis of procedural subsidiarity in the European Human Rights System
- Alex Green, A political theory of state equality
- Frédéric Mégret, What might a human-rights-harmonious international regime on the use of force look like?
Wednesday, August 16, 2023
New Issue: Leiden Journal of International Law
- Editorial
- Anna-Alexandra Marhold, Responses of international legal academia to the Russian invasion of Ukraine
- International Legal Theory
- Adam Rowe, Prometheus caged: The exiling of Napoleon and the Law of Nations, 1814–1821
- Benedikt Pirker & Izabela Skoczeń, Inside the treaty interpreter’s mind: An experimental linguistic approach to international law
- Lys Kulamadayil, Ableism in the college of international lawyers: On disabling differences in the professional field
- Tommaso Soave, The social field of international adjudication: Structures and practices of a conflictive professional universe
- International Law and Practice
- Andreas Buser, National climate litigation and the international rule of law
- Javier García Olmedo, The fragmentation of international investment and tax dispute settlement: A good idea?
- Alexander Wentker, At war? Party status and the war in Ukraine
- Marius Pieterse, The relevance of the African regional human rights system in the urban age
- Steven Wheatley, Election hacking, the rule of sovereignty, and deductive reasoning in customary international law
- Sebastián Rioseco, Conferences of the Parties beyond international environmental law: How COPs influence the content and implementation of their parent treaties
- Gürkan Çapar, (Il)legitimacy of international intellectual property regime?
- International Criminal Courts and Tribunals
- María de Arcos Tejerizo, Digital evidence and fair trial rights at the International Criminal Court
- Stewart Manley, Pardis Moslemzadeh Tehrani, & Rajah Rasiah, Mapping interpretation by the International Criminal Court
Dam-de Jong & Sjöstedt: Research Handbook on International Law and Environmental Peacebuilding
This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources. The emerging field of environmental peacebuilding has mainly drawn from disciplines like political science, peace and conflict studies, economics, and social geography, leaving international legal perspectives largely unexplored. This book seeks to address this gap by examining how international legal norms and institutions impact environmental peacebuilding.
New Issue: Business and Human Rights Journal
- Articles
- David Jason Karp, Business and Human Rights in a Changing World Order: Beyond the Ethics of Disembedded Liberalism
- Julia Dehm, Beyond Climate Due Diligence: Fossil Fuels, ‘Red Lines’ and Reparations
- Barnali Choudhury, Corporate Law’s Threat to Human Rights: Why Human Rights Due Diligence Might Not Be Enough
- Marianna Leite, Beyond Buzzwords: Mandatory Human Rights Due Diligence and a Rights-Based Approach to Business Models
- Juan Pablo Bohoslavsky, Francisco Cantamutto, & Lucas Castiglioni, Human Rights Due Diligence by Corporate Creditors in Sovereign Debt Restructurings – A Great Missing Link
- Developments in the Field
- Thales Cavalcanti Coelho, Access to Remedies and Reparations: From Brazilian Practice to International Binding Standards
- Caio C. V. Machado & Thaís Helena Aguiar, Emerging Regulations on Content Moderation and Misinformation Policies of Online Media Platforms: Accommodating the Duty of Care into Intermediary Liability Models
- Elodie Aba, A Fast and Fair Energy Transition: How Community Legal Action and New Legislation are Shaping the Global Shift to Renewable Energy
- Meagan Barrera & Danny Rayman Labrin, Protecting Reproductive Rights Post-Roe: Can Companies Keep Your Data Safe?
- Kendyl Salcito, Automotive Supply Chain Links to the Uyghur Genocide: Reversing a Growing Crisis
- Elena Corcione, In the Wake of Bonsucro: Multi-Stakeholder Initiatives and Third-Party Certifiers at the Test Bench of OECD National Contact Points
- Daniel Iglesias Márquez, The Catalan Centre for Business and Human Rights: Addressing Extraterritorial Corporate Human Rights Abuses at the Subnational Level
- Katharine Booth, Mind the Governance Gaps: Harmful Corporate Strategies Leading to Avoidance of Responsibility and Civil Society Counter-Strategies
Tuesday, August 15, 2023
Kennedy & Koskenniemi: Of Law and the World: Critical Conversations on Power, History, and Political Economy
The modern world is legalized: legal language, institutions, and professionals are everywhere. But what is law’s power in global life? What does all this legality have to do with hegemony, with hierarchy and inequality, and with the diversity of human experience? What is its history and how does that history matter in world affairs? Above all, what does it mean to think “critically” about law and global affairs? In this poignant and iconoclastic book, two leading scholars take us to the heart of the matter, examining law’s relationship with history, power, and political economy.
David Kennedy and Martti Koskenniemi have often inspired each other and are both considered “critical” voices in international law, but they have never explored their similarities and differences as deeply as they do here. Of Law and the World takes the form of a conversation, as the authors reflect on the study of international law, the motivations underlying their research, and the payoffs and limitations of their investigations into law’s role in global affairs. They revisit and renew debates about the past and future of the many legalities that shape our world.
Monday, August 14, 2023
LeClercq: A Worker-Centered Trade Policy
What is a “worker-centered” trade policy? The Biden administration claims that it means protecting all workers—foreign and American—from exploitative working conditions in trade sectors. The administration’s vigorous enforcement of international labor rights suggests a significant departure from previous U.S. trade priorities centered on domestic interests. For economic and humanitarian reasons, various policymakers and scholars celebrate these developments. They optimistically assume that the administration’s new trade policy will influence foreign governments and facilities to comply with international labor rights in trade if the costs of noncompliance outweigh the benefits. They also assume that the policy will influence compliance with strong labor protections as negotiated on the international platform. Both assumptions are misplaced.
Outside the trade context, governments, employers, and workers negotiate how international labor rights mani-fest in their countries based on pragmatic issues such as political ideologies, economic capacity, and legal systems. Those actors tend to respect those labor rights because they actively participate in the design, monitoring, and enforcement processes. Despite its newfound interest in ensuring compliance with international labor rights under U.S. trade agreements, the Biden administration excludes foreign workers, employers, and counterpart governments from those processes. That exclusion risks obscuring and distorting enforcement predictability, perceptions of legitimacy, and the scope of international labor rights protections within and outside the United States—all of which may reduce or weaken compliance and protections for workers in trade sectors. If the administration sincerely intends to protect workers from trade-related exploitation worldwide, it must stop reinforcing its own discretion and control and start reinforcing the participatory processes embedded in international labor rights.
New Issue: Journal of Conflict & Security Law
- Carrie McDougall, The Imperative of Prosecuting Crimes of Aggression Committed against Ukraine
- Raphaël van Steenberghe, Military Assistance to Ukraine: Enquiring the Need for Any Legal Justification under International Law
- Zelalem Mogessie Teferra, Regulating a ‘state of exception’ in Times of War: The Legal Regime Applicable to Derogation in Situations of Armed Conflict
- Damian Copeland, Rain Liivoja, & Lauren Sanders, The Utility of Weapons Reviews in Addressing Concerns Raised by Autonomous Weapon Systems
- Alexander Gilder, The UN and the Protection of Civilians: Sustaining the Momentum
- Ori Pomson, ‘Objects’? The Legal Status of Computer Data under International Humanitarian Law
- Daniele Musmeci, Taking Stock: Assessing the Current Status and Evolution of the United Nations Security Council’s Legislative Resolutions
Živković: Fair and Equitable Treatment and the Rule of Law
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.
Strecker & Powderly: Heritage Destruction, Human Rights and International Law
This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.
New Volume: Hague Yearbook of International Law
- Neil Nucup, Reviving the Doctrine of International Legal Personality: International Courts and Tribunals as De Jure and De Facto Legal Persons in International Law
- Aniruddha Rajput, Investment Arbitration as a Forum for Enforcement of Commercial Arbitration Awards
- Bethany Gamble, Margin of Appreciation: A Model for Immigration Reform in the United States during COVID-19
- Maeve Claffey, Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction: A Pathway to Better Outcomes
- Alejandro Ortega Navarro, The Role of Domestic Courts in the Prosecution of International Crimes: Why Functional Immunity of Foreign State Officials Is Not an Obstacle to the Jurisdiction of National Courts
- Jana Kreulach, Closing the Preliminary Examination in Colombia Should Not Mean Closing the Eyes: Why the Jurisdicción Especial para la Paz Still Faces Challenges in Interpreting ‘Command Responsibility’ in Accordance with the Rome Statute
- Jure Vidmar, The CJEU’s Reasoning in Slovenia v Croatia: A Dispute Ancillary to Another Dispute, but Which One?
- Andrés H. Cáceres-Solari, The Gambia vs The Union of Myanmar under the Genocide Convention: A Case Doomed to Fail
Sunday, August 13, 2023
New Issue: Journal of World Trade
- Qiang Ren & Jing Du, The UK Ban of TikTok: Legality and Interplay With International Trade Law
- Collins C. Ajibo, AfCFTA and Regional Value Chain Development: Confronting the Barriers and Changing the Orthodoxy
- Ariel Reich & Guy Harpaz, Israeli-Palestinian Trade Relations Before the Israeli Supreme Court: The Case for an FTA
- Salman Kimiagari & Nikoo Ghaffari, The Paradoxical Roles of State-Ownership in EMNE Internationalization: OFDI Case
- Jayems Dhingra, Remedy for Trademark Infringing Domain Names and Counterfeits
- Madina Abaidullayeva, Gulzhakhan Khajiyeva, Madina Karimova, Akimzhan Arupov, & Dilnara Zakirova, Trade and Economic ‘Wars’ Between the USA and Russia, the Consequences for the Economy of Kazakhstan
- Vít Hinčica, Hana Řezanková, & Kristián Keder, Trade Facilitation Agreement’s Impact on the Business Sector After Five Years of Its Validity: Evidence from Czech Companies
Yu: Dispute Settlement and the Reform of International Investment Law: Legalization through Adjudication
The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime.
Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both “institutional” and “internal” limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court.
Eichensehr & Hathaway: Major Questions about International Agreements
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory authority for numerous regulations. Some justices have suggested that they want to go further and reinvigorate the non-delegation doctrine as a constitutional limit on Congress’s authority to delegate power to the executive branch. This Article is the first to consider how these developments might put at risk the United States’ international commitments.
The Article first identifies the role of congressional delegations to the executive branch with respect to the formation and implementation of ex ante congressional-executive agreements, executive agreements pursuant to treaties, sole executive agreements, and non-binding agreements, and it explains how the Supreme Court’s recent decisions might spark challenges to the agreements themselves or to the executive’s authority to implement them.
Turning from the diagnostic to the prescriptive, the Article takes the Supreme Court’s recent cases as a given (problematic though they are) and argues that delegations involving international agreements differ from purely domestically focused delegations in material ways that counsel against applying the major questions doctrine or non-delegation doctrines to them. In particular, the existence of foreign state counterparties with whom the executive must negotiate means that Congress cannot simply direct the executive branch on international agreements with the same specificity that it can in domestically focused legislation. Moreover, declaring an existing international agreement or its implementing legislation invalid based on a domestic statutory interpretation doctrine risks causing the United States to violate international law, as well as suffer harm to its reputation as a reliable agreement partner. Treating international agreement-related delegations identically to domestically focused ones would also run counter to long-standing historical gloss from the Supreme Court itself that treats foreign relations-related issues in exceptional ways.
After arguing against using the major questions and non-delegation doctrines to police delegations related to international agreements, the Article proposes steps that the courts, Congress, and the executive branch can each take to ensure that existing and future international agreements are well-grounded in constitutional and statutory law.
New Issue: European Journal of International Relations
- Italo Brandimarte, Breathless war: martial bodies, aerial experiences and the atmospheres of empire
- Meera Sabaratnam, Bring up the bodies: international order, empire, and re-thinking the Great War (1914–1918) from below
- Ty Solomon, Up in the air: Ritualized atmospheres and the global Black Lives Matter movement
- Hyeran Jo & Joowon Yi, When do rebels sign agreements with the United Nations? An investigation into the politics of international humanitarian engagement
- Anna Finiguerra, A boat’s afterlife: multiple translations of migratory debris
- Alexandria Innes, Accounting for inequalities: divided selves and divided states in International Relations
- Jonna Nyman, Towards a global security studies: what can looking at China tell us about the concept of security?
- Kira Huju, The cosmopolitan standard of civilization: a reflexive sociology of elite belonging among Indian diplomats
- Deepak Nair, Populists in the shadow of great power competition: Duterte, Sukarno, and Sihanouk in comparative perspective
- Caroline Fehl, Protect and punish: norm linkage and international responses to mass atrocities
- Stefano Palestini & Erica Martinelli, Enforcing peoples’ right to democracy: transnational activism and regional powers in contemporary Inter-American relations