Saturday, October 5, 2024

Yilmazcan: Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China

Abdulkadir Yilmazcan
has published Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China (Cambridge Univ. Press 2024). Here's the abstract:
By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.

Friday, October 4, 2024

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 107, 2024) is out. Contents include:
  • What can international justice do to stop the war? An editorial and a question
    • Introduced by Maurizio Arcari and Beatrice Bonafé
    • Jeffrey L. Dunoff, International justice cannot stop the war. What can?
    • Anne Lagerwall, Can international justice fight the fait accompli of wars?
    • Pierre D'Argent, International Law as a System of Claims

Thursday, October 3, 2024

Call for Submissions: Irish Yearbook of International Law

The Irish Yearbook of International Law has issued a call for submissions. Here's the call:

Call for Submissions

1 - Call for Papers

The Editors of the Irish Yearbook of International Law invite submissions on any area of public or private international law for publication as an article in the Yearbook. Submissions are normally 10,000 to 12,000 words in length, although longer pieces will be considered. Submissions, comprising a brief 100-word abstract, article referenced in OSCOLA style, and confirmation of exclusive submission, should be sent to James Gallen (james.gallen@dcu.ie) by 31 October 2024.

2 - IYBIL Student Prize The IYBIL Student Prize will be awarded to the best submission written by an individual enrolled in a degree programme at the time of submission. The winner will receive a book prize generously sponsored by Hart Publishing, and their article will be published in the next edition of the Yearbook. Please submit your paper as per the call for papers above, indicating if you would like to be considered for the IYBIL Student Prize.

3 - Book reviews

The Editors are happy to consider books written by authors from anywhere in the world and on any topic loosely within the theme of International Law. This is a great opportunity for Early Career Researchers in particular to learn about the publishing process. If the Editors agree to publish a review, they will arrange for a free book to be sent to the reviewer. Potential reviewers should get in touch with Bríd Ní Ghráinne (brid.nighrainne@mu.ie) with the name of the book they would like to review by 31 October 2024.

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 65, no. 1, Winter 2023) is out. Contents include:
  • Yuji Iwasawa, Various Means of Enforcement in International Law
  • Kathleen Claussen, Trade Policing
  • Naz Khatoon Modizadeh,"Let Us All Agree to Die a Littke": TWAIL's Unfulfilled Promise
  • Weijia Rao, Large Corporations and Investor-State Arbitration
  • Gregory H. Fox & Noah B. Novogrodsky, Of Looting, Land, and Loss: The New International Law of Takings

Sunday, September 29, 2024

McDermott: Proving International Crimes

Yvonne McDermott (Swansea Univ. - Law) has published Proving International Crimes (Oxford Univ. Press 2024). Here's the abstract:

Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well-known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In offering a comprehensive account of the law and practice of evidence before international criminal courts and tribunals to date, as well as recommendations for future practice, this book aims to inform domestic, regional, and international accountability processes for crimes going forward.

This book demonstrates that, owing to the flexibility built in to the legal and procedural frameworks of international criminal courts and tribunals, the law of international criminal evidence is often unpredictable and uncertain. To this end, McDermott argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.