Cahen, Kimble, Allorant, Badier, & Morris: Relations internationales et droit(s) : acteurs, institutions et législations comparées (1815-1914)

R. Cahen, S. L. Kimble, P. Allorant, W. Badier & S. Morris have published Relations internationales et droit(s) : acteurs, institutions et législations comparées (1815-1914) (Pedone 2024). The table of contents is here.

Cassella & Virzo: Le contrôle international

Sarah Cassella (Université Paris Cité - Law) & Roberto Virzo (Università degli studi di Messina - Law) have published Le contrôle international (Pedone 2024). The table of contents is here.

New Volume: Australian International Law Journal

The latest volume of the Australian International Law Journal (Vol. 29, 2022) is out. Contents include:

• Articles
• Juliette McIntyre, Consenting to be Bound or Co-operative Condemnation? Article 63 Interventions at the International Court of Justice
• Makaela Fehlhaber, The Evolution of 'Control' in Attributing Conduct of a Non-State Actor to a State in Public International Law
• Lucy Elizabeth Strapp, Tempting Fates: The Relevance and Applicability of Existing International Environmental Law in the Context of Global Geoengineering Governance
• John Abrahamson, The Multilateral Development Instrument Proposal - An International Foreign Aid Treaty Framework to Address Poverty
• Nicholas Aroney & Paul Taylor, The Rights and Wrongs of 18C: An International Perspective on the Racial Hatred Provisions of the Racial Discrimination Act 1975
• Alexandra Fowler, The Shadow of the UK's Operation Northmoor: Salient Lessons for Australia's Afghanistan Prosecutions
• Rhiannon Ayse Bell, Gathering Evidence Abroad for Use in Local Proceedings: A Tale of Two Legal Traditions
• Sagi Pearl, Private International Law and Private Law: The Corrective Justice Test
• Rosemary Dent, More than Data: Determining 'Feasible' Measures of Distinction in a Data-driven World
• Nathan Landis, The Devil Wears Grey
• Joshua Carmer, The Lethal Autonomous Weapons Debate: Where to Next for the Guiding Principles?
• Case Notes
• William Garske, Alleged Violations of Sovereign Rights and Maritime Spaces in The Caribbean Sea (Nicaragua v Colombia), Judgment
• Emily Leggett, Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar), Preliminary Objections
• Connor Wright, The Liability of States for Inadequate Climate Action under International Human Rights Law - Billy v Australia

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 64, no. 3, Spring 2024) is out. Contents include:

• Luke Nottage & Robert Stendel, Concurrent Investor-State Claims before Domestic Courts and Investment Treaty Arbitration Tribunals: Philip Morris, Vattenfall and beyond
• Baine P. Kerr, All Necessary Measures: Climate Law for International Shipping
• Patricio Enrique Kenny & María Florencia Saulino, Can Churches Discriminate? Religious Freedom, Non-Discrimination, and the Search for an Inter-American Standard

Roscini: International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles

Marco Roscini (Univ. of Westminster - Law) has published International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles (Oxford Univ. Press 2024). Here's the abstract:

The principle of non-intervention is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma.

International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systemic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

Ullrich: Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade

Leila Ullrich (Univ. of Oxford - Law) has published Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford Univ. Press 2024). Here's the abstract:

Victim participation at the ICC has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court's victims and intermediaries, and what impact do these labels have on them?

Victims and the Labour of Justice at the International Criminal Court offers a response to these poignant questions, demonstrating that the notion of 'justice for victims' is not merely symbolic, expressive, or instrumental. On the contrary — the book argues — the ICC's methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court's interplay with global capitalist relationships, the book makes visible the hidden labour of justice, and how it lures, disciplines, and blames both victims and victims' advocates.

Drawing on critical theory, criminological analysis, and multi-sited ethnographic fieldwork in The Hague, Kenya, and Uganda, Victims and the Labour of Justice at the International Criminal Court illuminates how the drive to include victims as participants in international criminal justice proceedings also creates and disciplines them as blameworthy capitalist subjects. Yet, as victim workers learn to 'stop crying', 'be peaceful', 'get married', 'work hard', and 'repay debt', they also begin to challenge the terms of global justice.

Schneiderman: Constitutional Review and International Investment Law: Deference or Defiance?

David Schneiderman (Univ. of Toronto - Law) has published Constitutional Review and International Investment Law: Deference or Defiance? (Oxford Univ. Press 2024). Here's the abstract:

The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord.

A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.

New Issue: Cambridge International Law Journal

The latest issue of the Cambridge International Law Journal (Vol. 13, no. 1, 2024) is out. Contents include:

• Kathleen Claussen, Trade law policing on the factory floor: next generation agreements and their corporate accountability tools
• Monica Feria-Tinta, The master key to international law: systemic integration in climate change cases
• José Rogelio Gutiérrez Álvarez, The weight of a State’s past stances on treaty interpretation – may good faith play a role?
• Ben L Murphy, Six senses of the UN Security Council’s interactions with the concept of international responsibility: complicating to contextualise
• Nina M Hart, European sovereignty and development of the international legal order: the EU’s economic security and Anti-Coercion Instrument
• Kseniia Soloveva, Revisiting different definitions of ‘investor’ in international investment agreements: the issue of permanent residents, Stateless persons and dual nationals
• Valentina Vadi, In the loop: revaluing public health in international investment agreements
• Daniel Bethlehem, Project 2100: looking back, looking forward: A 2020s perspective on the international legal order

Laikwan: One and All: The Logic of Chinese Sovereignty

Pang Laikwan (Chinese Univ. of Hong Kong - Cultural Studies) has published One and All: The Logic of Chinese Sovereignty (Stanford Univ. Press 2024). Here's the abstract:

The concept of sovereignty is a crucial foundation of the current world order. Regardless of their political ideologies no states can operate without claiming and justifying their sovereign power. The People's Republic of China (PRC)—one of the most powerful states in contemporary global politics—has been resorting to the logic of sovereignty to respond to many external and internal challenges, from territorial rights disputes to the Covid-19 pandemic. In this book, Pang Laikwan analyzes the historical roots of Chinese sovereignty. Surveying the four different political structures of modern China—imperial, republican, socialist, and post-socialist—and the dramatic ruptures between them, Pang argues that the ruling regime's sovereign anxiety cuts across the long twentieth century in China, providing a strong throughline for the state–society relations during moments of intense political instability.

Focusing on political theory and cultural history, the book demonstrates how concepts such as popular sovereignty, territorial sovereignty, and economic sovereignty were constructed, and how sovereign power in China was both legitimized and subverted at various times by intellectuals and the ordinary people through a variety of media from painting and literature to internet-based memes. With the possibility of a new Cold War looming large, globalization disintegrating, and populism on the rise, Pang provides a timely reevaluation of the logic of sovereignty in China as power, discourse, and a basis for governance.

Call for Papers: Journal of International Economic Law Fourth Annual Junior Faculty Forum

The Journal of International Economic Law has issued a call for papers for its fourth annual Junior Faculty Forum, to be held by Zoom on September 20-21, 2024. The deadline is July 1, 2024. Details are here.

New Issue: Pécs Journal of International and European Law

The latest issue of the Pécs Journal of International and European Law (Vol. 2024, no. 1) is out. Contents include:

• Sandra Fabijanić Gagro & Marissabell Škorić, Violence against Women: Challenges in Fulfilling the 2030 Agenda for Sustainable Development and the Implementation of the 2011 Istanbul Convention in the Republic of Croatia
• Nguyen Thi Quynh, A comparison study of liability of the carrier in the International Conventions on the Carriage of Goods By Sea
• Judit Tóth & Erzsébet Kardosné Kaponyi, Homo Digitalis in the EU and in Hungary
• Nguyen Thi Kim Cuc, Fundamental Rights in the AFSJ: Strenthening or impediment?

Call for Submissions: AJIL Unbound Symposium on Reparations in International Law

AJIL Unbound has issued a call for submissions for a symposium on "Reparations in International Law." The call is here.

Urs: Cross-Border Cyber Operations Targeting Healthcare as Unlawful Intervention in the Affairs of States

Priya Urs (Univ. of Oxford) has posted Cross-Border Cyber Operations Targeting Healthcare as Unlawful Intervention in the Affairs of States (Vanderbilt Journal of Transnational Law, forthcoming). Here's the abstract:

Recent years have seen an alarming rise in cross-border cyber operations targeting the healthcare sector. Such operations disrupt the provision of health services, compromise sensitive medical data, and spread false health-related information online, all hindering States' management of public health. In this context, the question may be posed whether engaging in cyber operations targeting healthcare or giving relevant support to such operations constitutes unlawful intervention by one State in the affairs of another. The lack of clarity in existing doctrine as to the elements of unlawful intervention, however, complicates the assessment of the lawfulness or not of such operations. This Article paves the way for the assessment in two steps. First, it considers how the prohibition of intervention is articulated in existing practice and scholarship, including in the context of cyber operations. In the absence of doctrinal certainty, it suggests the most appropriate understanding of the requirements for unlawful intervention. Second, by applying the proposed requirements, the article scrutinizes whether a variety of cyber operations targeting the healthcare sector could constitute prohibited intervention. It concludes that while cyber operations that actually disrupt the provision of healthcare or related activities could be unlawful on this basis, data breaches and "information" operations are less likely to so qualify. Ultimately, in light of the increase in cyber operations targeting a range of public services beyond healthcare, the article offers a blueprint for applying the prohibition of intervention to cyber operations in other contexts.

Maia & Harelimana: La protection des droits humains en Afrique : perspectives actuelles

Catherine Maia (Université Lusófona) & Jean-Baptiste Harelimana have published La protection des droits humains en Afrique : perspectives actuelles (Les Éditions du Net 2024). The table of contents is here. Here's the abstract:

La protection des droits humains en Afrique, qui s’articule autour d’un ensemble d’instruments, d’institutions et de mécanismes mis en place pour promouvoir et protéger les droits humains en Afrique, représente un champ d'études en constante évolution. Le présent ouvrage vise précisément à offrir une exploration des perspectives actuelles dans ce domaine fortement secoué par des défis majeurs, parmi lesquels figurent les conflits armés, l’instabilité politique, la corruption et la mauvaise gouvernance. Pour parvenir à un cadre robuste et adapté aux réalités africaines, de tels défis nécessitent le renforcement des institutions nationales et régionales, la ratification des divers instruments de protection, une meilleure coopération des États, de même que la mobilisation de la société civile.

Au gré de l’exposition des volets institutionnel, jurisprudentiel et normatif du système de sauvegarde des droits humains se dessine le portrait d’une Afrique aux configurations contrastées, où certaines menaces ou réticences à l’égard des institutions tranchent avec le dynamisme jurisprudentiel et la richesse normative. Les sources du droit international africain des droits humains, ses acteurs et détracteurs, ses techniques contentieuses et consultatives sont ainsi passés en revue par un panel d’observateurs de haut niveau, universitaires et praticiens, pour placer le regard aussi haut et aussi loin que possible.

Lecture: Lewis on "Natural and artificial intelligence in armed conflict: Exploring settled and open legal questions"

On July 11, 2024, Dustin A. Lewis (Harvard Univ. - Law) will deliver a lecture at the Asser Institute on "Natural and artificial intelligence in armed conflict: Exploring settled and open legal questions." Details are here.

Roundtable: Fighting climate change through international law

On July 5, 2024, the University of Milan will host a roundtable on "Fighting climate change through international law." Details are here.

Williams: Climate Change, Cattle, and the International Legal Order

Rebecca Williams (Univ. of Glasgow - Law) has published Climate Change, Cattle, and the International Legal Order (Hart Publishing 2024). Here's the abstract:

Livestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion (or lack thereof) across the international governance of climate change, agriculture, forests and trade.

The book provides a wide-ranging analysis of legal regimes at the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved.

In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions.

Call for Papers: The Crossroad of International Environmental Law Enforcement: The Instrumentalization of Other Legal Regimes and Discourses in the Era of Fragmentation and the Anthropocene

The Open University of Catalonia and the European Society of International Law Interest Groups on International Environmental Law and on European and International Rule of Law have issued a call for papers for a conference on "The Crossroad of International Environmental Law Enforcement: The Instrumentalization of Other Legal Regimes and Discourses in the Era of Fragmentation and the Anthropocene," to be held Decmeber 2-3, 2024, in Barcelona. The call is here.