- Paolo Palchetti, Is It Time to Take a Decision on the Final Form of ario?
- Jean d’Aspremont, The Love for International Organizations
- Tomasz Milej, East African Community (EAC) – Inspiring Constitutional Change by Promoting Constitutionalism?
- Konstantinos D. Magliveras & Gino J. Naldi, The East Mediterranean Gas Forum: A Regional Institution Struggling in the Mire of Energy Insecurities
Saturday, September 16, 2023
New Issue: International Organizations Law Review
New Issue: Journal of the History of International Law / Revue d'histoire du droit international
- Lys Kulamadayil, Petro-States’ Shaping of International Law
- Jacob Giltaij, Planning for the Aftermath. Longue Durée Histories for a New International Legal Order in Kelsen, Lauterpacht and De Visscher
- Neil Boister, A History of Double Criminality in Extradition
- James Hickling, The Alaskan Fur-Seal Crisis: Science, Capital, and Multilateralism in the Settlement of International Biodiversity Disputes
Moran: The Authority of International Criminal Law: A Controversial Concept
Despite a wealth of literature exploring the issues surrounding it, the legitimacy and authority of international criminal law remain in question. Adopting a perspective informed by legal and political philosophy, Clare Frances Moran considers the authority of international criminal law, why it can be conceived of as more than simply an exercise of power and how that power may be exercised legitimately. Advancing existing scholarship on the subject, Moran explores the roots of the authority of law at the domestic level and tests these ideas in an international context. She examines sovereignty, complementarity and postcolonial issues, and how each impact international criminal law. By developing a theory on the authority of international law, Moran considers how it might be possible to adjudicate more effectively at the international level.
Kjeksrud: Using Force to Protect Civilians: Successes and Failures of United Nations Peace Operations in Africa
Using Force to Protect Civilians offers the first comprehensive analysis of United Nations military protection operations across time and UN missions, drawing on a novel dataset that covers 200 operations from ten UN peacekeeping missions in Africa from 1999 to 2017. Employing a mixed-methods research design, the book finds that Blue Helmets succeed as often as they fail when they employ force to protect, indicating that they can wield force effectively - under the right conditions - to achieve this priority task. Stian Kjeksrud shows that effective UN military protection operations must rest on a deep understanding of perpetrators' motivation and modus operandi for attacking civilians, facilitating tailored military responses to stop or reduce physical threats in a timely manner. Adding to existing knowledge about the conflict-reducing effect of the presence of uniformed UN personnel, he also finds that specific actions matter more than the simple presence of Blue Helmets in large numbers. While protecting civilians is a priority task for military peacekeepers, we have limited knowledge about how they fare across time and in different UN missions when they use force to protect. We also remain largely ignorant of the conditions leading to successful outcomes when they intervene militarily to protect civilians from violence. Using Force to Protect Civilians addresses both of these knowledge gaps, and provides the building blocks for a theory of the utility of force to protect civilians in UN peace operations.
New Issue: Journal of International Wildlife Law & Policy
- Veerle Platvoet, Wild Things: Animal Rights in EU Conservation Law
- V. Boilevin, A. Crosta & S.J. Hennige, Addressing Illegal Transnational Trade of Totoaba and Its Role in the Possible Extinction of the Vaquita
- Carina Bury, Lost in Translation? Why Outdated Notions of Normativity in International Law Explain Germany’s Failure to Give Effect to the Ramsar Convention of 1971
Gao, Raess, & Zeng: China and the WTO: A Twenty-Year Assessment
Examining the twenty years since China acceded to the World Trade Organization, this collection provides an original, systematic assessment of the opportunities and challenges that China has presented to the WTO. Offering in-depth analyses of the 'two-way' relationship between China and the WTO, the contributions explore a range of key issues from the varied effects of WTO membership for China and the global economy to the responses of the WTO members to China's rapid economic growth. It presents diverse perspectives of leading scholars from multiple disciplines, including law, economics, political science, and international relations, as well as practical insights from senior policymakers from both China and the United States. This is an invaluable contribution to ongoing debates about the implications of the rise of China for global economic governance and enriches discussions of the wide-ranging implications of China's growing integration into the multilateral trading system, both now and in the future.
New Issue: Yale Journal of International Law
- Noam Noked & Zachary Marcone, The International Response to the U.S. Tax Haven
- Gershon Hasin, Ocean Governance in the 21st Century: A "New Package-Deal"
- Shana Tabak, Refugee Detention as Constructive Refoulement
Friday, September 15, 2023
Peters: Human Rights and Corruption: Problems and Potential of Individualising a Systemic Problem
This article examines the pitfalls and potentials of the recent deliberate legal-political strategy of individualising the systemic problem of corruption. Correlations between the quantity and quality of corruption on the one side and the level of enjoyment of human rights on the other side have been shown. In response to these observations, the policy agendas of anti-corruption and human rights have been converging on the international and regional levels. Nevertheless, it is not easy to conceptualise corruption as a human rights violation that triggers international state responsibility. Moreover, risks and opportunities of the convergence of the policy agendas need to be assessed. This leads to the conclusion that the human rights approach does convey an added value that outweighs its drawbacks. The question remains whether human rights are the proper normative framework to denounce and combat corruption. It is submitted that, by opening up new options for monitoring and litigation, the human rights perspective can usefully complement the criminal law approach. Therefore, the currently one-sided integration of corruption concerns into the human rights machinery should be supplemented by a full attention to human rights in all monitoring schemes in the various anti-corruption regimes. Then, the relevant policies will likely create a positive feedback loop in which anti-corruption is instrumental to improving the human rights situation while a range of human rights will work as enablers for fighting corruption.
Thursday, September 14, 2023
Conference: 52nd Annual Conference of the Canadian Council on International Law
Wednesday, September 13, 2023
New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht
- Comment
- Lukas Harth, Florian Kriener, & Jonas Wolff, The EU Response to Foreign Interference: Legal Issues and Political Risks
- Abhandlungen
- Armin von Bogdandy, Comparative Public Law for European Society
- Björnstjern Baade, EU Sanctions Against Propaganda for War – Reflections on the General Court’s Judgment in Case T-125/22 (RT France)
- Anna von Rebay & Chiara Oberle, Booming Advisory Jurisdiction of the International Tribunal for the Law of the Sea
- Efthymios Papastavridis, Coastal State’s (Criminal) Jurisdiction in the Exclusive Economic Zone: Recent Case-Law and State Practice
New Issue: International Affairs
- Special Section: Knowledge production on peace: actors, hierarchies and policy relevance
- Kanti Bajpai & Evan A. Laksmana, Asian conceptions of international order: what Asia wants
- Sara Hellmüller, Laurent Goetschel & Kristoffer Lidén, Knowledge production on peace: actors, hierarchies and policy relevance
- Sara Hellmüller, Knowledge production on mediation: practice-oriented, but not practicerelevant?
- Ulrike Lühe, The politics of methods in transitional justice knowledge production
- Elisabeth Prügl, Gender as a cause of violent conflict
- Navnita Chadha Behera, The ‘subaltern speak’: can we, the experts, listen?
- Luisa Cruz Lobato & Victoria Santos, Digital tools as experts in international peace and security
- Isabel Bramsen & Anine Hagemann, How research travels to policy: the case of Nordic peace research
- Laurie Nathan, The customer is always right: the policy research arena in international mediation
- Jamie Pring, Analysing the divide between technocrats and diplomats in international organizations
- Articles
- Elisabeth Johansson-Nogués & Elena Şimanschi, Fabricating a war? Russian (dis)information on Ukraine
- Ryuta Ito, Hubris balancing: classical realism, self-deception and Putin’s war against Ukraine
- Jess Gifkins & Dean Cooper-Cunningham, Queering the Responsibility to Protect
- William A. Callahan, Chinese visions of self and Other: the international politics of noses
- Kacie Miura, Strongman politics and China’s foreign policy actors: maritime assertiveness under Xi Jinping
- Jennifer D. Sciubba, Population ageing and national security in Asia
- Richard J. Aldrich, Huda Mukbil, Dan Lomas, Elizabeth Van Wie Davis, Gill Bennett & David Omand, Review forum: How to survive a crisis
Tuesday, September 12, 2023
Stoyanova: Positive Obligations under the European Convention on Human Rights: Within and Beyond Boundaries
It is beyond question that States have positive obligations under the European Convention on Human Rights (ECHR) to prevent and address harm and risks of harm. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply can be unclear. The search for balance between intrusion and restraint by the State—between protection and freedom from interference—further complicates the question of state responsibility for breach of positive obligations.
Vladislava Stoyanova directly addresses these challenges in Positive Obligations under the European Convention on Human Rights. By systematising the case law of the European Court of Human Rights, the book provides key insights into the elements crucial for ascertaining state responsibility for omissions - state knowledge, causation, and reasonableness. It outlines different kinds of positive human rights obligations and identifies the circumstances under which they can be breached.
Stoyanova reflects upon what is at stake for political communities when the triggering, content, and scope of positive obligations has been determined. She offers serious evaluation of the dangers of ECHR obligations whose scope might be too expansive or intrusive, as well as the conceptual hurdles of applying positive human rights obligations extraterritorially.
Schabas: The International Legal Order's Colour Line: Racism, Racial Discrimination, and the Making of International Law
Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade.
The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law.
After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.
Conference: The African Renaissance in the Age of Globalization: What Role for International Investment Law?
New Issue: Human Rights Law Review
- Vladislava Stoyanova, Framing Positive Obligations under the European Convention on Human Rights Law: Mediating between the Abstract and the Concrete
- Antonio Di Marco, Minimum Wages Directive and Beyond: Workers’ Dignity Taken (Almost) Seriously
- Jan Essink, Alberto Quintavalla, & Jeroen Temperman, The Indivisibility of Human Rights: An Empirical Analysis
- Jeremy Letwin, Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights
- Marko Bošnjak & Kacper Zajac, Judicial Activism and Judge-Made Law at the ECtHR
- Jayson S Lamchek, Ensuring Data Science and Its Applications Benefit Humanity: Data Monetization and the Right to Science
- Julie Ada Tchoukou, The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women
- Ulrike Davy, Decolonizing Equality—The Legacies of Anti-Colonial Struggles at International Labour Conferences, 1920–1940
- Tetyana (Tanya) Krupiy & Martin Scheinin, Disability Discrimination in the Digital Realm: How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law
- Lisa Mardikian & Sofia Galani, Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea
- Winona Kang, Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation
Monday, September 11, 2023
AJIL Unbound Symposium: 150 Years of the Institut de Droit International and the International Law Association
Symposium: The Statutory Foreign Affairs Presidency
New Issue: Journal of Conflict Resolution
- Articles
- Glen Biglaiser, Lance Y Hunter, & Ronald J McGauvran, The Double-Edged Sword of Foreign Direct Investment on Domestic Terrorism
- Ana Carolina Garriga & Brian J. Phillipsm, Organized Crime and Foreign Direct Investment: Evidence From Criminal Groups in Mexico
- Meixi Zhuang, Zhengxu Wang, & Xiaoyuan Li, Social Embeddedness and Protest Avoidance: Evidence from China
- Samson Yuen, Tolerant Solidarity With Violent Protesters: Evidence From a Survey Experiment
- Julian Paffrath & Bernd Simon, Dis-Embedded Identity of Majority Members: The Case of Catholics in Poland
- Andreas Juon, Inclusion, Recognition, and Inter-Group Comparisons: The Effects of Power-Sharing Institutions on Grievances
- Data Set Feature
- Michael J. Soules, Recruiting Rebels: Introducing the Rebel Appeals and Incentives Dataset
New Issue: International Journal of Marine and Coastal Law
- Special Issue: Ocean-based Climate Action and Human Rights
- Elisa Morgera & Mitchell Lennan, Introduction: Applying a Human Rights Lens to the Ocean-Climate Nexus
- Elisa Morgera, Mitchell Lennan, Kati Kulovesi, Giulia La Bianca, Holly J. Niner, Ellycia Harrould-Kolieb, Eugenia Recio Piva, Jeremy Hills, Mara Ntona, Alana Malinde SN Lancaster, Mia Strand, Bernadette Snow, Kira Erwin, Lynne Shannon, Sian Rees, Kieran Hyder, Georg Engelhard, & Kerry Howell, Ocean-based Climate Action and Human Rights Implications under the International Climate Change Regime
- Elisa Morgera, Kirsty McQuaid, Giulia La Bianca, Holly Niner, Lynne Shannon, Mia Strand, Sian Rees, Kerry Howell, Bernadette Snow, Alana Malinde SN Lancaster, & Warwick Sauer, Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science
- Noreen O’Meara, Human Rights and the Global Plastics Treaty to Protect Health, Ocean Ecosystems and Our Climate
- Julia Nakamura, Julia Cirne Lima Weston, and Mitchell Lennan, International Legal Responses for Protecting Fishers’ Fundamental Rights Impacted by a Changing Ocean
- Sophie Shields, Andrea Longo, Mia Strand, & Elisa Morgera, Children’s Human Right to Be Heard at the Ocean-climate Nexus
- Lianne P. Baars, The Salience of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus
Sunday, September 10, 2023
Gandhi Research Seminar Series 2023/24
- October 10, 2023: Pål Wrange (Univ. of Stockholm), "Why we need sovereignty in ‘cyberspace’, and what is problematic about it"
- November 9, 2023: Christine Schwobel-Patel (Univ. of Warwick), "Legal Pipelines of the Green Transition: Frontiers of Extractivism"
- November 29, 2023: Aoife O’Donoghue (Queen’s Univ. Belfast), "Tyrannicide: What's Love got to do with it?" (link to join)
Call for Papers: Workshop on Race and International Relations
New Issue: World Trade Review
- Special Issue: Trade Policy, Openness, and Development in Honour of L. Alan Winters
- Ingo Borchert & Bernard Hoekman, Trade Policy, Openness, and Development: Essays in Honour of L. Alan Winters
- Richard Baldwin & Rikard Forslid, Globotics and Development: When Manufacturing Is Jobless and Services Are Tradeable
- Adrian Wood, Land Abundance, Openness, and Industrialization
- Alasdair Smith & Adrian Wood, Theoretical Underpinnings of ‘Land Abundance, Openness, and Industrialization’: How Openness Affects Output Elasticities in a 2 × 2 HOS Model with Product Differentiation
- Xavier Cirera, Diego Comin, Marcio Cruz, Kyung Min Lee, & Antonio Martins-Neto, Exporting and Technology Adoption in Brazil
- Maurice Schiff & Yanling Wang, North–South Trade-Related Technology Diffusion and the East Asia–Latin America Productivity Gap
- Pierre Jacquet, Revisiting Knowledge-for-Development
- Douglas A. Irwin, The Bank, the Fund, and the GATT: Which Institution Most Supported Developing-Country Trade Reform?
- Kym Anderson, Erwin Corong, Anna Strutt, & Ernesto Valenzuela, The Relative Importance of Global Agricultural Subsidies and Tariffs, Revisited
- Will Martin, Border Carbon Adjustments: Should Production or Consumption be Taxed?
- Ilona Elzbieta Serwicka, Geoffrey Chapman, & Bradley Tyler, The Economic Interest Test in UK Trade Remedy Investigations
- Julien Gourdon, Karin Gourdon, & Jaime de Melo, A (More) Systematic Exploration of the Trade Effect of Product-Specific Rules of Origin
- Yohannes Ayele, Michael Gasiorek, & Manuel Tong Koecklin, Trade Preference Utilization Post-Brexit: The Role of Rules of Origin
- Pierluigi Montalbano, Silvia Nenci, & Ilaria Fusacchia, The Indirect Effects of Brexit on African, Caribbean, and Pacific Trade with the UK and EU
- Joseph F. François, Bernard Hoekman, & Douglas R. Nelson, Trade and Sustainable Development: Non-Economic Objectives in the Theory of Economic Policy
- Robert Wolfe, Is Using Trade Policy for Foreign Policy a ‘SNO Job’? On Linkage, Friend-Shoring, and the Challenges for Multilateralism
- Emily Lydgate, Climate Equivalence and International Trade
- Jacques Pelkmans, Lowering Regulatory Trade Costs
Conference: Resort to international advisory proceedings
Special Issue: Transboundary Waters: The Río Silala & the International Court of Justice
Call for Papers: Common Interests and Common Spaces: Institutional Approaches to Dispute Settlement
van den Boogaard: Proportionality in International Humanitarian Law: Refocusing the Balance in Practice
This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.
Meyer: Copernican Revolution or Green Protectionism?
Contemporary trade agreements include an ever-expanding set of environmental and sustainability commitments which, if violated, can lead to the imposition of trade barriers. Likewise, the world’s leading developed economies have begun rolling out green trade barriers in the form of product bans, border adjustments, and discriminatory subsidies. This chapter argues that the growth of sustainable trade policies reflects two phenomenon. First, it reflects the ordinary historical ebb and flow of unilateralism and multilateralism. While at some points in history multilateral institutions have taken the lead in shaping trade policy, at other times unilateralism has played a more important role. We are in the latter moment, but that does not mean that the former’s time has passed. Second, like all policies, green trade policies usually pursue multiple objectives. The fact that green trade policies often have mixed motives means that assessing their effects through a Puritan lens is a fool’s errand. The quest nations are on today is not for trade policies that promote sustainability in the least trade restrictive way possible. Instead, they are looking for policies that can generate the political support to address urgent environmental crises while still promoting economic growth.
Part I describes the growth of environmental provisions within trade agreements themselves, and compares that trend to the growth of domestic trade measures designed to address environmental problems in ways that arguably violate international trade agreements. Part II argues that, at least in the short term, this second kind of measures is likely to be more influential than trade and sustainability (TSD) provisions in trade agreements. This influence occurs in large part by shaping subsequent multilateral negotiations, as well as the implementation and interpretation of existing multilateral provisions. Part III argues that trade agreements and unilateral measures that raise (or authorize raising) trade barriers to tackle environmental problems are a key ingredient of addressing environmental problems and ultimately of preserving the system of liberalized trade.