The international legal order, as we knew it, has changed. Since the early 2000s, we have witnessed significant international changes, including an escalating environmental emergency, the emergence of new ways to wage armed conflicts, the proliferation of new technologies to convey international influence and power, the decline of ‘old’ international powers and the rise of ‘new’ or ‘emerging’ ones, as well as increasingly overt ‘backlash’ against the international institutions and legal norms of the post-WWII international legal order. While it is common for international lawyers to read these events in a register of anxiety and pessimism, this stream seeks to strike a more curious and perhaps even hopeful tone by opening up a conversation about the new and alternative internationalisms that are emerging. In a world where the old is dying and a new hegemonic order has not yet been born, we ask, how can we understand, challenge and re-imagine international law anew? Convenors: Claerwen O'Hara (La Trobe University) and Valeria Vázquez Guevara (University of Hong Kong). For call and submission instructions, please visit the website.
Thursday, April 25, 2024
Call for Papers: Imagining New and Alternative Legal Internationalisms
Call for Papers: General principles in EU external relations law
New Issue: Global Governance: A Review of Multilateralism and International Institutions
- The Global Forum
- Tsutomu (Tom) Kono, The United Nations amid the Covid-19 Pandemic: Institutional Resilience and Adaptability, and Lessons Learned
- Articles
- Nir Hassid & Eviatar Matania, A Global Regime for Cybersecurity and the Obstacles to Future Progress
- Islam Jusufi, Hybridity and a Composite Regime in the Judiciary Governance of Albania: Subcontracting Justice to International Advice
- Aljaž Kunčič & Austin Hamilton, United Nations Development Analysis at the Country Level: A Toolkit for SDG Forecasting and Interlinkages with Human Rights and Vulnerable Groups Analysis
- William Lippert, Delegation to Treaty Bodies and International Organizations for Conventional Arms Control Agreements in Europe: A Sum Score Evaluation
- David Hagebölling, The Design of Informal Intergovernmental Organizations: An Anatomy of the G20
- Thu Thuy Nguyen, Shiho Kato, & Dai Yokomizo, Governance of Low-Skilled Labor Migration The Technical Intern Training Program between Vietnam and Japan as a Case Study
Wednesday, April 24, 2024
New Issue: Global Responsibility to Protect
- Rahel Kessete Afewerky, Residual Responsibility to Implement: the AU, the Constitutive Act, and the Responsibility to Protect
- Ferdinand Mbirigi & Pascal Niyonizigiye, The Prosecution of Atrocity Crimes in the Great Lakes Region of Africa, between Accountability Logic and Political Strategies
- Mari Huttunen, A Rifle and a Bag of Rice: Excluding Climate Disasters from the Scope of the Responsibility to Protect
Workshop: Transnational Legal and Political Theory
Tuesday, April 23, 2024
Yip: Reconceptualizing Norm Conflict in International Law
This article re-conceptualizes norm conflict in international law by uncovering the experiential dimension of its definition and the intentional dimension of its resolution, which have been missing from the traditional accounts. The article locates the basis of recognizing norm conflict in the experienced sense of incompatibility between norms in view of their contexts rather than in the pre-designated constellation of norms with contrary or contradictory functions according to their texts. Concomitantly, it argues that the justification for using certain legal techniques to resolve norm conflicts lies in the intended relationship deducible only between those norms that share the same regulatory purpose, rather than between norms merely applying to the same factual situation. This re-conceptualization generates a new typology of norm conflicts in light of the norms’ end goals and the means they provide to achieve them: “Ends Conflict”, “Means Conflict” and “Unexperienced Conflict”, and suggests apposite ways to tackle them.
Monday, April 22, 2024
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Giuseppe Puma, Le sanzioni economiche unilaterali contro la Bielorussia nella recente prassi internazionale
- Fiammetta Borgia, Intelligenza artificiale, arte digitale e diritto d’autore: profili di diritto internazionale
- Laura Di Gianfrancesco, La funzione di accountability dell’Assemblea generale delle Nazioni Unite alla luce della risoluzione 76/262 sulla veto initiative
- Francesco Gaudiosi, One Health: A New Intersectoral Approach and its Legal Implications for Global Health Governance
- Osservatorio Diritti Umani
- Giorgia Bevilacqua, Innovazione tecnologica e interpretazione del diritto al gioco nella Convenzione ONU sui diritti del fanciullo
- Federica Falconi, Contrasto allo hate speech e responsabilità nella comunicazione politica online: note alla sentenza della Corte europea dei diritti umani Sanchez c. Francia
- Osservatorio Europeo
- Francesco Viggiani, La posizione asimmetrica della Corte di giustizia dell’Unione europea nel contesto “emergenziale” del fenomeno migratorio
Peat: Positivism and the Cognitive Turn
Of all the strands of international legal theory that exist in contemporary international law scholarship, one might have thought that the cognitive turn would impact positivism the most. In this chapter, however, I want to paint a different picture. The caricature of positivism that many of us hold in our heads – as a theory that is formalist, voluntarist, state-centric, and detached from morals – no longer accords with the prevalent conception of the theory in much of the literature. Instead, I argue that the principal challenge to positivism comes from experimental jurisprudence, a nascent body of literature which shows that the general public fails to recognise a source-based concept of law. This challenges positivists to explain why their view is to be preferred to the so-called ‘folk’ concept of law.
New Issue: Journal of World Investment & Trade
- Zoé Boirin-Fargues, Indigenous Peoples’ Rights in International Investment: An Ongoing Compartmentalization
- Irma Mosquera Valderrama, How Can Regional Cooperation Help the Enhancement of Regional Economic Development and Strengthen the Voices of Developing Countries in Global Tax Negotiations?
- Xinyue Li, Quantum International Law Theories: Towards an Inclusive International Investment-Security Construct
Sunday, April 21, 2024
Monebhurrun, Olarte-Bácares, & Velásquez-Ruiz: International Investment Law and Arbitration from a Latin American Perspective
The book brings to light how Latin American States have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted their investment agreements so as not to leave their position as players in the field of International Investment Law.
Rudall: Responsibility for Environmental Damage
Engaging with one of the most consequential issues of our time, this book provides a thoughtful analysis of responsibility for environmental damage under international law. It conceives of responsibility in a comprehensive way, tackling the legal responsibility, liability and accountability of state and non-state actors for harm they cause to the environment.
Responsibility for Environmental Damage traverses the primary and secondary rules of international law, the responsibility, liability and accountability of states, international organizations, corporations and individuals, as well as existing, new and emerging regulatory frameworks. It engages with the consequences of environmental harm, appraising both orthodox legal doctrines and cutting-edge questions like shared responsibility, equitable considerations, full reparation, response measures under liability regimes, corporate responsibility, ecocide and responsibility for climate change, amongst many others. In doing so, the book evaluates whether the law is equipped to deal with the novel challenges that environmental damage presents and argues that new legal tools are needed to effectively tackle some of the most significant threats to our planet.