International Law Reporter

New Issue: Journal of World Trade

2012-01-29T06:50:00.000-05:00

The latest issue of the Journal of World Trade (Vol. 46, no. 1, February 2012) is out. Contents include:

Eckart Guth, The End of the Bananas Saga
Sangeeta Khorana, May T. Yeung, William A. Kerr, & Nick Perdikis, The Battle over the EU’s Proposed Humanitarian Trade Preferences for Pakistan: A Case Study in Multifaceted Protectionism
Stefaan Depypere, More Efficient Policies to Combat Trade Distortions: How Quality Management Programmes Can Help Rationalize the Use of Trade Defence Instruments
Leon E. Trakman, Investor State Arbitration or Local Courts: Will Australia Set a New Trend?
Gonzalo Villalta Puig & Amer Al-KhodiryThe Economic and Monetary Union of the Gulf Cooperation Council
Ping Xiong, Patents in TRIPS-Plus Provisions and the Approaches to Interpretation of Free Trade Agreements and TRIPS: Do They Affect Public Health?
Jørgen Ulff-Møller Nielsen & Gert Tinggaard Svendsen, EU Lobbying and Anti-Dumping Policy

New Issue: Mealey's International Arbitration Report

2012-01-28T15:14:00.000-05:00

The latest issue of Mealey's International Arbitration Report (Vol. 27, no. 1, January 2012) is out.

New Issue: Global Trade and Customs Journal

2012-01-28T06:39:00.000-05:00

The latest issue of Global Trade and Customs Journal (Vol. 7, no. 2, 2012) is out. Contents include:

James Flett, From Political Pre-occupation to Legitimate Rule against Market Partitioning: Export Subsidies in WTO Law after the Appellate Body Ruling in the Airbus Case
Hunter Nottage & Alejandro Sánchez, Navigating Uncharted Waters: A Review of US-Tuna II
Brian Goldstein, Potential Impact under US Customs Laws of the World Customs Organization Recent Publication of Commentary 25.1 to the WTO Valuation Agreement Relating to the Dutiable Status of Third-Party Royalties and License Fees
Paul Casuccio, A Modernization of the Incoterms
Jessica R. Rifkin, No longer Up in the Air: US Court of International Trade Decides Air Filter Media Is Classifiable as Nonwoven, Duty-Free

Crawford & Koskenniemi: The Cambridge Companion to International Law

2012-01-27T12:45:00.000-05:00

James Crawford (Univ. of Cambridge - Law) & Martti Koskenniemi (Univ. of Helsinki - Law) have published The Cambridge Companion to International Law (Cambridge Univ. Press 2012). Contents include:

James Crawford & Martti Koskenniemi, Introduction
Gerry Simpson, International law in diplomatic history
Martti Koskenniemi, International law in the world of ideas
Frédéric Mégret, International law as law
Karen Knop, Statehood: territory, people, government
James Crawford, Sovereignty as a legal value
Bruno Simma & Andreas Müller, Exercise and limits of jurisdiction
David Kennedy, Lawfare and warfare
Hilary Charlesworth, Law-making and sources
Benedict Kingsbury, International courts: uneven judicialisation in global order
Jan Klabbers, International institutions
Dino Kritsiotis, International law and the relativities of enforcement
Anne Orford, Constituting order
B.S. Chimni, Legitimating the international rule of law
Susan Marks, Human rights in disastrous times
Sarah Nouwen, Justifying justice
Hélène Ruiz Fabri, Regulating trade, investment and money
Thomas Pogge, Divided against itself: aspiration and reality of international law
Sundhya Pahuja, Conserving the world's resources?

Molinuevo: Protecting Investment in Services: Investor State Arbitration Versus WTO Dispute Settlement

2012-01-27T10:03:00.000-05:00

Martín Molinuevo has published Protecting Investment in Services: Investor State Arbitration Versus WTO Dispute Settlement (Wolters Kluwer 2012). Here's the abstract:

International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international trade law, embodied in the WTO agreements. Foreign investment is governed by international investment law, consisting of a vast network of investment agreements, including bilateral investment treaties (BITs) and preferential trade agreements (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the rights and obligations featured in the two frameworks are not always compatible, this legal overlap reduces transparency and undermines governments’ regulatory capacity in an unanticipated manner.
This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement?
The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.
Policymakers will find relevant insights in this work, as it provides a thorough review of legal matters that limit policy decisions and bring about possible contradictions between the two bodies of international economic law. Legal practitioners will benefit from the book’s clear guidelines on the pros and cons of the trade and investment legal frameworks, and under what conditions each system is best suited to protect foreign investment in services.

Garcia: Les observateurs auprès des organisations intergouvernementales : Contribution à l’étude du pouvoir en droit international

2012-01-27T06:25:00.000-05:00

Thierry Garcia has published Les observateurs auprès des organisations intergouvernementales : Contribution à l’étude du pouvoir en droit international (Bruylant 2012). Here's the abstract:

Si l’expression « Observateurs auprès des Organisations intergouvernementales » est connue de tout un chacun, pour autant il est évident de constater l’absence d’études qui leur sont consacrées. Dès lors, une réflexion dynamique et dialectique sur les rapports noués entre les Observateurs, les Etats membres et les Organisations intergouvernementales (OIG) présente un grand intérêt. L’originalité de cet ouvrage est d’autant plus importante que cette recherche est envisagée sous l’angle du pouvoir en droit international.
La méthode juridique s’avère nécessaire mais insuffisante pour étudier la complexité des rapports entre les Observateurs, les Membres et les OIG : l’analyse historique, les sciences administrative et politique ainsi que la sociologie des Organisations internationales ont été appelées en renfort pour mener parfaitement cette approche globale et synthétique. Il existe une relation tripartite en raison à la fois de la pluralité des sujets du droit international qui bénéficient du statut d’observateur (Etats, OIG, Mouvements de libération nationale, Organisations non gouvernementales), de l’étendue de la politique juridique extérieure des Etats membres et de la diversité des OIG qui attribuent un tel statut (Organisations à vocation universelle et à caractère régional).
Cet ouvrage démontre que les Observateurs sont placés sous l’étroite dépendance des Etats membres, malgré une amélioration de leur statut juridique portant sur leur accès et activité aux OIG.
L’étude des « Observateurs auprès des Organisations intergouvernementales » – traitée sous l’angle du pouvoir – a ainsi été menée sous ces deux aspects primordiaux : l’extension de leur accès aux Organisations intergouvernementales contrôlée par les Etats membres (Partie I) et l’intensification de leur activité au sein de ces institutions internationales encadrée par les Etats membres (Partie II).

Happold: The ‘Injured State’ in Case of Breach of a Non-Proliferation Treaty and the Legal Consequences of Such a Breach

2012-01-27T00:26:00.000-05:00

Matthew Happold (Univ. of Luxembourg - Law) has posted The ‘Injured State’ in Case of Breach of a Non-Proliferation Treaty and the Legal Consequences of Such a Breach (in Nonproliferation Law as a Special Regime, D. Joyner & M. Roscini eds., forthcoming). Here's the abstract:

This chapter covers issues of State responsibility for breaches of non-proliferation treaties. It examines firstly which States can react to which breaches of non-proliferation treaties; in particular, which State parties should be considered to be ‘injured States’ and in what circumstances State parties which are not ‘injured States’ can nevertheless advance claims for breach. Secondly, it considers the legal consequences of an internationally wrongful act, in particular the secondary obligations placed on wrongdoing States as a consequence of their breach of their primary obligations under non-proliferation treaties. It demonstrates that the particularities of non-proliferation agreements as regards the question of who is an injured State are already recognised in the international law of State responsibility. However, in most cases, the traditional emphasis placed on the obligation make reparation as the consequence of breach on an international engagement has little importance in relation to non-proliferation agreements.
Finally the chapter examines whether non-proliferation agreements permit State parties to act unilaterally to invoke their treaty partners’ international responsibility, or whether they are restricted to utilising any relevant treaty compliance mechanisms. It is argued that non-proliferation agreements do not establish ‘special regimes’, albeit that in practice the law of State responsibility does not play a major role in ensuring observance of the commitments undertaken by State parties to them.

Cole: Non-Binding Documents and Literature

2012-01-26T13:38:00.000-05:00

Tony Cole (Brunel Univ. - Law) has posted Non-Binding Documents and Literature (in International Investment Law: Sources of Rights and Obligations, Tarcisio Gazzini & Eric De Brabandere eds., forthcoming). Here's the abstract:

The chapter examines the use by international investment arbitration tribunals of non-binding documents and literature. It argues that current practice does not adequately reflect the structural realities of international investment arbitration, and that tribunals must make fundamental changes in the approach they take to the citation of non-binding materials.
The chapter divides non-binding materials into those that can legitimately be used as authoritative guides to the content of international investment law and those that can legitimately be used only as persuasive sources of arguments. It argues that although tribunals currently cite to many non-binding writings as though they are authoritative, international investment law is still too substantively conflicted for any writing to be authoritative. As a result, non-binding writings can only be used as persuasive.
In addition, it argues that although international investment arbitration tribunals have sought to model their approach to citation on the opinions delivered by international courts such as the ICJ, this ignores the important distinctions between the two types of body. The ICJ is a norm-adopting body, capable of setting new legal norms through its decisions, while the decisions of international investment arbitration tribunals constitute merely an expression of the views of the authors. Consequently, international investment arbitration tribunals must use non-binding writings differently than do international courts.
The chapter concludes with a discussion of how non-binding materials should be used by international investment arbitration tribunals.

Jacobs: A Shifting Scale of Power: Who is in Charge of the Charges at the International Criminal Court?

2012-01-26T09:49:00.002-05:00

Dov Jacobs (Leiden Univ. - Law) has posted A Shifting Scale of Power: Who is in Charge of the Charges at the International Criminal Court? (in The Ashgate Research Companion to International Criminal Law: Critical Perspectives (William A. Schabas, Niamh Hayes, Yvonne McDermott & Maria Varaki eds., forthcoming) Here's the abstract:

One issue that has come to the fore in the early practice of the International Criminal Court (ICC) is the question of who determines the content of the charges against an accused individual and the scope and timing of any amendments that are to be made. The importance of this issue is threefold. First, having a clear framework for the amendment of charges is important from the point of view of the accused. If he or she is to have adequate time for the preparation of the defence, it is important that there be some certainty as to the charges resting against him or her, without running the risk of multiple amendments. Second, the issues are illustrative of the more general concern in the ICC Statute to achieve a balance between legal certainty and judicial efficiency. The former requires that as few amendments as possible be allowed the more advanced the proceedings are, whereas the latter opens to door to some flexibility to avoid acquittals based on a faulty determination of the charges. Third, as will be illustrated in the course of the chapter, it more generally highlights the difficult balance of power to be struck between various organs of the Court, not just between the Prosecutor and the Chambers, but also between the Pre-Trial Chamber and the Appeals Chamber, and begs the question as to whether the judges of the ICC ought to have the final say in matters that might seem to relate more to a legislative rather than judicial function.
This book chapter will explore these issues, identifying the current framework at the ICC, and how it was (expansively and creatively) interpreted by the judges of the Court. A large portion of the Chapter discusses whether the Judges of the Court actually have a power to legally recharacterise the facts of the case, in application of Regulation 55 of the Regulations of the Court. The author argues that this Regulation was adopted contrary to the clear content of the Statute, once again illustrating the fact that international criminal judges confuse their judicial role with a legislative one.

Salinas de Frías, Samuel, & White: Counter-Terrorism: International Law and Practice

2012-01-26T06:44:00.000-05:00

Ana María Salinas de Frías (Malága Univ. - Law), Katja Samuel (Nottingham Univ. - Law), & Nigel White (Nottingham Univ. - Law) have published Counter-Terrorism: International Law and Practice (Oxford Univ. Press 2012). The table of contents is here. Here's the abstract:

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious.
This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur.
It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels.
The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information.

Gauillaumé: L'affaiblissement de l'Etat-nation et le droit international privé

2012-01-26T00:33:00.000-05:00

Johanna Gauillaumé has published L'affaiblissement de l'Etat-nation et le droit international privé (L.G.D.J. 2011). Here's the abstract:

Le droit international privé repose traditionnellement sur un paradigme étatique que l'affaiblissement de l'État-Nation est venu ébranler. L'érosion du modèle westphalien de la souveraineté renouvelle les sources de la matière au détriment des intérêts étatiques, alors que, parallèlement, ceux-ci sont de plus en plus présents dans les relations privées internationales du fait de la concurrence législative. L'État doit donc trouver des remèdes à ce paradoxe, sans pour autant infléchir sa politique libérale, car un véritable droit à la mobilité internationale est apparu dont l'autonomie de la volonté constitue le corollaire et la protection des personnes privées l'objectif. Entre intérêts privés et intérêts étatiques, les méthodes du droit international privé doivent se redessiner sur un mode fonctionnaliste. L'État étant largement dépassé par le degré d'internationalité des rapports privés et par les pouvoirs privés, le succès de cette méthode implique qu'il agisse en synergie avec les autres ordres juridiques. Le pluralisme juridique, facteur de déclin, devient alors une force.

Desierto: Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation

2012-01-25T12:44:00.000-05:00

Diane A. Desierto has published Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff Publishers 2012). Here's the abstract:

States invoke economic crises and security threats to justify treaty non-compliance. The most dramatic recent examples of this phenomenon include “necessity” defences in international investment law; “emergency” derogations in international human rights treaties; “exceptions” for non-conforming measures in international trade law; and doctrinal misapplications of necessity in jus ad bellum and jus in bello.
Necessity and National Emergency Clauses is the first to trace the doctrine’s genealogy from medieval Christian and Islamic religious history to post-Westphalian practices, the International Law Commission’s codifications, and modern treaty formulations. Recognizing the doctrine’s thematic linkage with the State’s sovereign right to delimit international obligation, the volume proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses within specialized treaty regimes.

van den Herik: The Meaning of the Word 'Destroy' and the Implications for the Wider Understanding of the Concept of Genocide

2012-01-25T10:23:00.000-05:00

Larissa van den Herik (Leiden Univ. - Law) has posted The Meaning of the Word 'Destroy' and the Implications for the Wider Understanding of the Concept of Genocide (in The Genocide Convention: The Legacy of 60 Years, J.Th.M. Houwink ten Cate, G.K. Sluiter, J. Vervliet & H.G. van der Wilt eds., forthcoming). Here's the abstract:

The occasion of the sixtieth anniversary of the Genocide Convention (the Convention) provides momentum to both commemorate the past and reflect on what the future may bring. A first observation at this juncture is that the Genocide Convention has seemingly not lost any of its relevance over the past sixty years. The continuing relevance of the Genocide Convention for legal purposes is demonstrated by the fact that the crime of genocide has featured and continues to feature in quite some indictments before national and international criminal courts and tribunals. These cases address Second World War crimes, but also — and perhaps even in their majority — other situations of mass crime. Even though the Holocaust has not been repeated in scale, form and character, the qualification of genocide has been invoked in quite a number of situations, ranging from the massacres in Rwanda, Srebrenica and Darfur, to the annihilations of Indians in the Americas and the transfer of Aboriginal children in Australia. The question is: are all these situations truly comparable, and is the qualification of genocide the most adequate one? Phrased in more abstract terms: to what extent is the definition of genocide — as included in the Genocide Convention — applicable to new situations, and what can recent jurisprudence teach us about the future application of the Convention? In this essay, it is argued that the essence of the legal definition of genocide is captured in the word “destroy” — part of the mental element of the crime —, namely, that an act is committed with the specific intent to destroy a group. A review of recent jurisprudence on the meaning of the word “destroy” will indicate to what extent, if at all, the definition of genocide, as applied by international judges, has moved beyond its original conceptualization.

Matz-Lück & Hong: Grundrechte und Grundfreiheiten im Mehrebenensystem – Konkurrenzen und Interferenzen

2012-01-25T06:22:00.000-05:00

Nele Matz-Lück (Christian-Albrechts-Universität zu Kiel - Law) & Mathias Hong (Albert-Ludwigs-Universität Freiburg - Law) have published Grundrechte und Grundfreiheiten im Mehrebenensystem – Konkurrenzen und Interferenzen (Springer 2012). Here's the abstract:

Der Band widmet sich in acht Beiträgen den vielfältigen Wechselwirkungen des Schutzes von Grundrechten und Grundfreiheiten im europäischen Mehrebenensystem aus nationalen Verfassungen, Europäischer Menschenrechtskonvention und dem Recht der Europäischen Union. Zu Konkurrenzen und Interferenzen kommt es sowohl innerhalb dieses Mehrebenensystems als auch in seinem Verhältnis zu anderen Staaten und zu internationalen Organisationen wie etwa den Vereinten Nationen. Die Interdependenzen der verschiedenen Ebenen begründen vielgestaltige neue rechtsdogmatische und methodische Herausforderungen. Vor dem Hintergrund der Frage, wie sich die rechtlichen Anforderungen der verschiedenen Ebenen in Einklang bringen lassen, entwickeln die Beiträge zum einen Konturen eines Grundrechtskollisionsrechts für vernetzte Rechtsordnungen. Zum anderen werden die allgemeinen Erkenntnisse durch Untersuchungen von Referenzgebieten bereichsspezifisch konkretisiert.

Schroeder & Mayr-Singer: Völkerstrafrecht, Rechtsschutz und Rule of Law : Das Individuum als Herausforderung für das Völkerrecht

2012-01-25T05:19:00.000-05:00

Werner Schroeder & Jelka Mayr-Singer have published Völkerstrafrecht, Rechtsschutz und Rule of Law : Das Individuum als Herausforderung für das Völkerrecht (Peter Lang 2011). Contents include:

Andreas Paulus, Erfahrungen mit dem materiellen Völkerstrafrecht im Römischen Statut im Lichte der Überprüfungskonferenz 2010
Christian Wenaweser, Das Verbrechen der Aggression – der Kompromiss von Kampala
Walter Gehr, Neue Straftatbestände zur Eindämmung der Proliferation von Massenvernichtungswaffen
Jelka Mayr-Singer, Internationaler Strafgerichtshof und ad hoc Straftribunale Überlegungen zur Frage möglicher Jurisdiktionskonflikte
Andreas Th. Müller, Das Komplementaritätsprinzip in der frühen Praxis des Internationalen Strafgerichtshofes. Self-referrals und Gravitätsanalyse auf dem Prüfstand
Renate Winter, The Special Court for Sierra Leone (SCSL) and the work of the judges
Alexander Brenneis & Kirsten Schmalenbach, Rechtsschutz im UN-System
Konrad G. Bühle, Österreich im Sicherheitsrat und die Rule of Law

Kroll: Normgenese durch Re-Interpretation: China und das europäische Völkerrecht im 19. und 20. Jahrhundert

2012-01-25T00:27:00.000-05:00

Stefan Kroll has published Normgenese durch Re-Interpretation: China und das europäische Völkerrecht im 19. und 20. Jahrhundert (Nomos 2012). Here's the abstract:

Gegenstand der Arbeit ist die Übersetzung und Re-Interpretation des europäischen Völkerrechts in China im 19. und 20. Jahrhundert. Von 1839, dem Ausbruch des ersten Opiumkrieges, bis zur Mitte des 20. Jahrhunderts, dem Ende des Regimes ungleicher Verträge, untersucht der Autor die Auseinandersetzung mit der in Europa wurzelnden normativen Ordnung des modernen Völkerrechts in China. Eingebettet in den theoretischen Rahmen soziologischer Annahmen zu Weltgesellschaft und Weltkultur leistet das Werk einen Beitrag zum Verständnis global-lokaler Wirkungszusammenhänge in langfristiger historischer Perspektive. Empirisch diskutiert der Autor qualitativ die Ausbreitung und Re-Interpretation des Völkerrechts in China und entwickelt so eine Perspektive auf die außer-europäische Geschichte des Völkerrechts und seiner Wissenschaft.

Anton: 'Treaty Congestion' in International Environmental Law

2012-01-24T09:39:00.000-05:00

Donald K. Anton (Australian National Univ. - Law) has posted 'Treaty Congestion' in International Environmental Law (in Routledge Handbook of International Environmental Law, Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury & Erika J. Techera eds., forthcoming). Here's the abstract:

This is an extended version of a contribution to the forthcoming Routledge Handbook of International Environmental Law. It focuses on the phenomenon of "treaty congestion," which commentators have tied to the rapid expansion of international environmental law in recent decades. Arguably the number of international instruments has hampered implementation. In particular, the lack of coordination in the face of proliferation and the lack of capacity challenge the operationalizing international environmental obligation by necessary and sufficient laws, policies, programs and plans. This contribution considers the issue of treaty congestion, and makes suggestions for how it might be overcome.

Cohen: Proportionality in Modern Asymmetrical Armed Conflics

2012-01-24T06:36:00.000-05:00

Amichai Cohen (Ono Academic College - Law) has posted Proportionality in Modern Asymmetrical Armed Conflicts. Here's the abstract:

States which face non-state actors in military armed conflict tend to claim that changes to IHL/LOAC are required. This study attempts to show that a proper interpretation of the existing principles of IHL might sometimes provide satisfactory answers to the problems posed by non-state actors.
Its main argument involves the principle of proportionality. This principle is best understood as an administrative or institutional principle intended to be based on the reasonable discretion of the commander in the field. This discretion is not unlimited – it is guided by respect for human life and civilian immunity. It should be reviewed in advance to make sure that the proper questions are asked. It should be reviewed after the actions take place in order that mistakes might save future commanders from similar mistakes.

Conference: Junior International Law Scholars Association

2012-01-24T04:57:00.000-05:00

On February 10, 2012, the Junior International Law Scholars Association will hold its annual meeting at the University of Georgia School of Law. Here's the program:

Panel 1: Trade and Economic Regulation

David Zaring, “The New Architecture of Global Financial Regulation” - Comment: Tim Meyer
Evan Criddle, “Humanitarian Financial Intervention” - Comment: William Magnuson
John Coyle, “Reviving the Treaty of Friendship, Commerce and Navigation” - Comment: Deepa Badrinarayana

Panel 2: The Legitimacy of International Law and Adjudication

Harlan Cohen, “Careening Towards International Law’s Erie Moment” - Comment: Jean Galbraith
Alexandra Huneeus, “International Criminal Law by Other Means” - Comment: Shahram Dana
Ziv Bohrer, “Can International Criminal Law Ever Be Just and Effective? Rethinking the Lessons from Sociology and Psychology” - Comment: Margaret M. deGuzman

Panel 3: New Perspectives on Human Rights, Refugee, and International Humanitarian Law

Quinn Saunders, “The Integrated Enforcement of Human Rights” Comment: Shana Tabak
Anna Dolidze, “What Is “Property”? Property Theory in the International Regime on Property Restitution to the Forcibly Displaced Persons” - Comment: Alexandra Harrington
Alexander K. A. Greenawalt, “Beyond War: Justifying Targeted Killing in Law and Morality” - Comment: Markus Wagner

Panel 4: Territory and Sovereignty

Anna Spain, “Contextual Sovereignty” - Comment: Scott Sullivan
Jennifer Daskal, “The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone” - Comment: Robert Knowles
Milena Sterio, “Piracy off the Coast of Somalia: The Argument for Prosecution in the National Courts of Kenya, the Seychelles, and Mauritius” - Comment: Cymie Payne
Odette Lienau, “Rethinking Sovereign Debt: The Politics of Reputation in the Twentieth Century” - Comment: Jason Yackee

Early Stage Paper Workshop

Session 1: Deepa Badrinarayana, James Coleman, Cymie Payne
Session 2: Nienke Grossman, Robert Knowles, William Magnuson

New Issue: Harvard International Law Journal

2012-01-24T00:31:00.000-05:00

The latest issue of the Harvard International Law Journal (Vol. 53, no. 1, Winter 2012) is out. Contents include:

Mark Wu, Antidumping in Asia’s Emerging Giants
Kevin Jon Heller, A Sentence-Based Theory of Complementarity
David L. Sloss, Executing Foster v. Neilson: The Two-Step Approach to Analyzing Self-Executing Treaties
David Landau, The Reality of Social Rights Enforcement

New Issue: International Journal of Human Rights

2012-01-23T12:44:00.000-05:00

The latest issue of the International Journal of Human Rights (Vol. 16, no. 2, 2012) is out. Contents include:

Janine Natalya Clark, Reflections on trust and reconciliation: a case study of a central Bosnian village
Elena Katselli, International peace and security, human rights and the courts: a critical re-appraisal
Milfrid Tonheim, ‘Who will comfort me?’ Stigmatization of girls formerly associated with armed forces and groups in eastern Congo
Olga A. Avdeyeva, Does reputation matter for states' compliance with international treaties? States enforcement of anti-trafficking norms
Aimee Kanner Arias & Mehmet Gurses, The complexities of minority rights in the European Union
Oduntan Jawoniyi, Children's rights and religious education in state-funded schools: an international human rights perspective
Mutaz M. Qafisheh, Human rights gaps in the Palestinian criminal system: a United Nations role?
Don Selby, Patronage, face, vulnerability: articulations of human rights in Thailand

Oxford Public International Law Discussion Group - Hilary Term 2012

2012-01-23T09:43:00.000-05:00

Here's the schedule for the Oxford Public International Law Discussion Group for Hilary Term 2012:

January 19, 2012: Vera Gowlland-Debbas (Graduate Institute of International and Development Studies - Law), The Role of the International Court of Justice in the Formulation and Development of Fundamental Norms of International Law
January 26, 2012: Martins Paparinskis (Univ. of Oxford - Law), Investment Treaty Arbitration: The (New) Law of State Responsibility?
February 2, 2012: Michael Ming Du (Chinese Univ. of Hong Kong - Law), The Place of National Preferences in International Trade Law
February 9, 2012: Frank Berman (Univ. of Oxford - Law), Another look at the interpretation of treaties
February 16, 2012: Tullio Scovazzi (Univ. of Milano-Bicocca - Law), The Restitution of Removed Cultural Properties: a Historical Precedent
February 23, 2012: TBA
March 1, 2012: Kimberley Trapp (Univ. of Cambridge - Law), State Responsibility for International Terrorism
March 8, 2012: Catherine Redgwell (Univ. College London - Law), International Energy Law for the 21st Century

Bowring: What is Radical in 'Radical International Law'?

2012-01-23T06:22:00.000-05:00

Bill Bowring (Birkbeck, Univ. of London - Law) has posted What is Radical in 'Radical International Law'? (Finnish Yearbook of International Law, forthcoming). Here's the abstract:

In this article I explore some answers to the question whether there could or ought to be a radical international law, or even, more modestly, a radical approach to international law. Paavo Atiaho has referred to 'the left wing international law project.' My own answer to my investigations is that almost all 'critical' or 'radical' international law is firmly located in the academy, or the 'discipline' or the 'field' as it is often called. It is too often marked by eclecticism and the closely related pragmatism which traditionally emanates from the United States, just as British mainstream thinking is often termed 'empiricism.' I criticise the part of this large corpus of work which I have selected in some detail, on its own terms.In this article I will explore the reasons why the NAIL and even the TWAIL (Third World Approaches to International Law) approaches, and David Kennedy’s curiously unpolitical critique, cannot provide a 'radical international law' in the sense intended by the call for papers to which this article is a response.

Call for Submissions: European Yearbook of International Economic Law

2012-01-23T05:18:00.000-05:00

The European Yearbook of International Economic Law has issued a call for submissions for its volume 4 (2014). Here's the call:

The editors of EYIEL invite contributions from prospected authors with unpublished articles or working papers for EYIEL Volume 5 (2014) to be published at the end of 2013. The contributions should discuss subjects which fall into one of the following fields:
1. The Global Monetary and Financial System 70 Years After Bretton Woods
2. The Global Trading Order 20 Years After Marrakesh
Authors are requested to submit an abstract of no more than 500 words to the one of the editors of the EYIEL (see below). The deadline for the submission of abstracts is 28 February 2012.
The selection of papers will take place by the end of April 2012; the deadline for submission of the final version of the paper is 28 February 2013.
Final submissions should follow the house style (to be distributed with a letter of acceptance) and should not exceed 15.000 words (footnotes included).
The EYIEL especially encourages younger scholars to consider this call for papers and welcomes contributions from outside the EU.
Abstracts and further enquiries should be directed electronically (PDF) to one of the editors of the EYIEL.
Prof. Dr. Christoph Herrmann, LL.M.
Christoph.Herrmann[at]uni-passau.de
Prof. Dr. Jörg-Philipp Terhechte
Joerg.terhechte[at]jura.uni-hamburg.de
Prof. Dr. Markus Krajewski
markus.krajewski[at]jura.uni-erlangen.de

Call for Papers: National Security and Criminal Justice

2012-01-23T00:22:00.000-05:00

The School of Law at Ono Academic College has issued a call for papers for the Sixth Annual Joint Conference of Ono Academic College and Columbia University, June 5-6, 2012, in Kiryat Ono, Israel. Here's the call:

The Sixth Annual Joint Conference of Ono Academic College and Columbia University, June 5-6, 2012
National Security and Criminal Justice
The School of Law at Ono Academic College invites submissions for the Sixth Annual Joint Conference of Ono Academic College and Columbia University, which will take place on June 5-6, 2012, in Kiryat Ono, Israel.
This year's conference will examine questions at the intersection of national security and criminal justice, through comparative and international perspectives. In particular, we would like to examine the following topics:
Special Courts and Tribunals:
Special "national security" courts were always in existence, and still exist today in many countries. The goal of the conference in this context is to provide a comparative overview of such special tribunals in western democracies. What current justifications are brought for establishing and using such courts? How are such courts comprised? What is the nature of the criminal procedure in these courts? How are the defendants' due process rights ensured? What is the quality of the legal representation afforded to defendants, and how much does international law come into play in the decisions of these courts?
Special Rules and Procedures Applied in Regular Courts:
In some instances, suspected terrorists and defendants tried for national security offences are tried in regular state courts. The conference will explore, with regard to these instances, the special rules and procedures applied in such instances, including any procedural and substantive differences between national security cases and "regular" criminal cases, the special challenges faced by attorneys representing such defendants and the implications of classifying offences as security offences.
The Role of International Law:
In an era of global terrorism, international cooperation in fighting terrorism is viewed as inevitable, and international law has been enlisted to facilitate cooperation and thus strengthen states' national security. International criminal law, on the other hand, is viewed by some as preventing state officials from employing measures used in the past due to fears of being subject to future prosecution. The conference would like to explore the interrelationship between national security and international law and to examine the ways international law can be employed to strengthen national security as well as the ways in which it limits states' actions in fighting security threats.
Candidates interested in participating in the conference are invited to submit abstracts of up to 500 words, along with a brief cv, to Tamar Hostovsky Brandes (tamar_brandes[at]ono.ac.il) by February 30, 2012. Participants will be responsible for their own travel and accommodation expenses.

New Issue: Revista Electrónica de Estudios Internacionales

2012-01-22T06:41:00.000-05:00

The latest issue of the Revista Electrónica de Estudios Internacionales (No. 22, December 2011) is out. Contents include:

Estudios

Juan Manuel Medina Amador, Examen del acuerdo ADPIC desde la perspectiva del acceso a los medicamentos
Björn Arp, La inmunidad de jurisdicción de los bancos multilaterales de desarrollo. Análisis de la práctica de los Estados Unidos de América
José Elías Esteve Moltó, La persecución de las violaciones del derecho internacional humanitario en el contexto de los conflictos armados internos: el caso de Birmania ante la jurisdicción universal en España
Rosa Ana Alija Fernández, Las quejas intestatales ante órganos judiciales o cuasi-judiciales de garantía de los derechos humanos: ¿Un mecanismo útil en situaciones de crisis?

Notas

Hernán Olmedo González, Diez años de la Carta Democrática Interamericana: un régimen internacional para la defensa de la democracia
Miguel-Ángel Michinel Álvarez, El cobro de deudas en el proyecto OHADAC: Seis propuestas en busca de autor
Antonia Durán Ayago, El derecho a la asistencia jurídica gratuita en los litigios transfronterizos
Miguel Ángel Martín López, El sometimiento de la especulación al derecho a la alimentación
José Pablo Alzina de Aguilar, Human dignity according to international instruments on human rights
Nuria González Martín, Alejandro León Vargas, & Marisol Cuevas Tavera, México y la Convención de La Haya de 30 de junio de 2005 sobre acuerdos de elección de foro

Born: A New Generation of International Adjudication

2012-01-21T06:37:00.000-05:00

Gary Born (Wilmer Cutler Pickering Hale and Dorr) has published A New Generation of International Adjudication (Duke Law Journal, Vol. 61, no. 4, p. 775, January 2012). Here's the abstract:

This Article challenges the conventional view of contemporary international adjudication. It identifies a new generation of international tribunals, which has been largely ignored by commentators, and argues that these tribunals offer a highly successful, alternative model to traditional public-international-law adjudicatory bodies.
The proliferation of international tribunals is widely regarded as one of the most significant developments in international law over the past century. The subject has given rise to an extensive and robust body of academic commentary. Although commentators reach widely divergent conclusions about many aspects of international law and adjudication, they all agree that international tribunals differ fundamentally from national courts. In particular, according to the commentary, international tribunals such as the International Court of Justice lack the power to render enforceable decisions or to exercise compulsory jurisdiction.
This Article argues that commentators have proceeded from a flawed and incomplete understanding of contemporary international adjudication. Virtually all commentary on the subject ignores the development of a second generation of international tribunals, best represented by international commercial and investment tribunals, World Trade Organization panels, and claims-settlement mechanisms. Contrary to the conventional wisdom about international adjudication, this new generation of international tribunals has the power to exercise what is effectively compulsory jurisdiction and to render enforceable decisions that can often be coercively executed against states and their commercial assets.
These second-generation tribunals have been the most frequently used and, in many respects, the most successful form of international adjudication in recent decades. The caseloads of these tribunals have grown rapidly over the past forty years and now substantially exceed those of traditional public-international-law tribunals. Moreover, an analysis of state treatymaking practice over recent decades shows that states have virtually never concluded treaties accepting the jurisdiction of traditional first-generation tribunals—concluding less than one treaty per year—whereas they have frequently accepted the jurisdiction of second-generation tribunals capable of rendering enforceable decisions—accepting some fifty treaties per year. More fundamentally, second-generation tribunals have played an essential role in facilitating international trade, finance, and investment; have contributed to the development of important fields of international law; and have provided leading contemporary examples of international law working in practice.
Although largely ignored by the commentary, the success and frequent use of second-generation tribunals have important implications for conventional analysis of international adjudication. The success of these tribunals flatly contradicts the claims, advanced by a number of academic commentators, that international adjudication is unimportant in contemporary international affairs and that states do not use international tribunals—particularly tribunals that would be effective. In reality, second-generation tribunals have been frequently and successfully used in vitally important fields, in part because they issue effective and enforceable decisions. At the same time, the success of second-generation tribunals also contradicts prescriptions, offered by a number of commentators, that future international tribunals be modeled on “independent” first-generation tribunals or, alternatively, on entirely “dependent” adjudicative mechanisms. Successful second-generation tribunals exhibit a blend of structural characteristics that defy blanket prescriptions for either “independence” or “dependence” and that counsel for more tailored, nuanced institutional designs.

Milanovic & Hadzi-Vidanovic: A Taxonomy of Armed Conflict

2012-01-20T12:36:00.000-05:00

Marko Milanovic (Univ. of Nottingham - Law) & Vidan Hadzi-Vidanovic (Univ. of Nottingham - Law) have posted A Taxonomy of Armed Conflict (in Research Handbook on International Conflict and Security Law, Nigel White & Christian Henderson eds., forthcoming). Here's the abstract:

With some relatively minor exceptions international humanitarian law (IHL) applies only when a certain threshold is met: the existence of an armed conflict or belligerent occupation. The purpose of this chapter is to explore the many difficulties surrounding the classification of armed conflicts in modern IHL. While the two main archetypes – international armed conflict (IAC) and non-international armed conflict (NIAC) – are reasonably clear in their basic forms, their boundaries are complex and obscure. Many recent conflicts do not fit the classical archetypes well, provoking debates on spill-over, internationalized, mixed or hybrid and even transnational armed conflicts.
The chapter strives to show that there are some differences between IACs and NIACs that cannot be erased simply by reasoning from analogy or from moral imperative, and that therefore the classification of armed conflict is an issue that matters and will continue to matter for the considerable future. The principal goal of the chapter is clarity, clarity in a conceptual and doctrinal framework which can enable legal and policy debates to be properly had and argued without their participants talking past each other. In attempting to advance such clarity, the chapter discusses the framework of war and peace in classical international law, the conceptual revolution brought about by the aftermath of the Second World War, and finally the modern law, by developing a comprehensive taxonomy of armed conflict.

Fidler: Risky Research and Human Health: The Influenza H5N1 Research Controversy and International Law

2012-01-20T09:35:00.000-05:00

David P. Fidler (Indiana Univ. - Law) has posted an ASIL Insight on Risky Research and Human Health: The Influenza H5N1 Research Controversy and International Law.

Olasolo: Essays on International Criminal Justice

2012-01-20T06:33:00.000-05:00

Hector Olasolo (Univ. of Utrecht - Law) has published Essays on International Criminal Justice (Hart Publishing 2012). Here's the abstract:

Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC´s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration.

Cassel: Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan

2012-01-20T00:31:00.000-05:00

Par Kristoffer Cassel (Univ. of Michigan - History) has published Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan (Oxford Univ. Press 2012). Here's the abstract:

Grounds of Judgment reopens the question of consular jurisdiction and extraterritoriality in China and Japan. The book combines recent findings in Qing history on the nature of ethnicity and law with the history of the treaty ports in both China and Japan, especially Shanghai, Yokohama and Nagasaki. Extraterritoriality was not implanted into East Asia as a ready-made product, but developed in a dialogue with local precedents, local understandings of power, and local institutions, which are best understood within the complex triangular relationship between China, Japan and the West. A close reading of treaty texts and other relevant documents suggests that a Qing institution for the adjudication for Manchu-Chinese disputes served as the model for both the International Mixed Court in Shanghai and the extraterritorial arrangements in Sino-Japanese Treaty of Tianjin in 1871. The adaptability of Qing legal procedure provided for a relatively seamless transition into the treaty port era, which would have momentous consequences for China's national sovereignty in the twentieth century. There was no parallel to this development in the Japanese case. Instead, Japanese authorities chose not to integrate consular courts and mixed courts into the indigenous legal order, and as a consequence, consular jurisdiction remained an alien body in the Japanese state, and Japanese policymakers were determined to keep it that way.

Eckart: Promises of States under International Law

2012-01-19T13:37:00.000-05:00

Christian Eckart (Higher Appellate Court of Berlin) has published Promises of States under International Law (Hart Publishing 2012). Here's the abstract:

Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level.
The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.
After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty.
This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Brölmann: Specialized Rules of Treaty Interpretation: International Organizations

2012-01-19T09:44:00.000-05:00

Catherine M. Brölmann (Univ. of Amsterdam - Law) has posted Specialized Rules of Treaty Interpretation: International Organizations (in The Oxford Guide to Treaties, Duncan B. Hollis ed., forthcoming). Here's the abstract:

This paper addresses treaty interpretation in the context of international organizations, with particular attention to interpreting the founding or constitutive treaties of organizations. That not all interpretive rules are the same for all treaties is a well-tried proposition (see e.g. Arnold McNair in BYIL 1930 and Joseph Weiler in EJIL 2010). The interest in different canons of treaty interpretation generally hinges on the distinction of interpretative practices for different areas of substantive law, such as investment treaties, or human rights treaties. What has been arguably under theorized is that interpretation of the rules of organizations begs an additional question which does not arise with other treaties, that is: whether interpretation of a treaty is even at issue. In other words, are UN Security Council resolutions a form of treaty law or do they amount to ‘international legislation’? Was the 1999 new ‘strategic concept’ of NATO a (highly ‘evolutive’) interpretation of the 1949 North Atlantic Treaty or a redefinition of powers and competences by an Organization making use of its compétence de la compétence? In practice it seems these questions are mostly answered by upholding both the treaty character and the institutional law character of such rules.
If and when the law of treaties is applied, interpretive practice vis-à-vis constitutive treaties differs notably from general treaty interpretation on two counts. First, special weight is given to the ‘object and purpose’ of the treaty by way of a general teleological approach to interpretation, rather than as a means to establish the text’s ‘ordinary meaning’ per VCLT Article 31. Secondly, special weight is also given to the subsequent practice of the organization. In contrast, classic interpretive methods that safeguard the State party’s ‘sovereign will’ - such as recourse to the travaux préparatoires, party intention, and the subsequent practice of treaty parties - seem to have faded into the background. I argue that these points of distinction are related to the extra layer of the organization’s legal order over the constituent treaty. Or, put in doctrinal terms: these distinctions reflect a shift from a contractual to an institutional perspective (or even ‘paradigm’) on constitutive treaties. As a result, it is the organization, not the States parties, that ends up taking on any interpretative questions, and application of the classic law of treaties is limited.

New Volume: Select Proceedings of the European Society of International Law

2012-01-19T06:32:00.000-05:00

Volume 3 (2010) of the Select Proceedings of the European Society of International Law (Hart Publishing 2012), edited by James Crawford (Univ. of Cambridge - Law) and Sarah Nouwen (Univ. of Cambridge - Law), is out. This volume includes papers presented at ESIL's 2010 Fourth Biennial Conference, the theme of which was "International Law 1989-2010: A Performance Appraisal." The table of contents is here.

NYU School of Law Institute for International Law and Justice Spring 2012 Colloquium

2012-01-19T00:36:00.000-05:00

Here's the schedule for the New York University School of Law Institute for International Law and Justice's Spring 2012 International Legal Theory Colloquium:

January 25, 2012: Harlan Cohen (Univ. of Georgia – Law), Finding International Law, Part II: Our Fragmenting Legal Community
February 1, 2012: Anthea Roberts (London School of Economics- Law), Change and Linkage in Investment Treaty Law
February 8, 2012: Odette Lienau (Cornell Univ. – Law), Rethinking Sovereign Debt: The Politics of Reputation in the Twentieth Century
February 29, 2012: Nico Krisch (Hertie School of Governance), Pluralism and Global Public Goods
March 21, 2012: Doreen Lustig (New York Univ. – Law), History of Responsibility of Corporations in International Law
April 4, 2012: Martti Koskenniemi (Univ. of Helsinki - Law)
April 17, 2012: Horatia Muir Watt (SciencesPo), Global Governance and Private International Law
April 18, 2012: Armin von Bogdandy (Max Planck Institute for Comparative Public Law and International Law) & Matthias Goldmann (Max Planck Institute for Comparative Public Law and International Law), Sovereign Debt

Nguefang: Principe de précaution et la responsabilité internationale dans le mouvement transfrontière des OGM

2012-01-18T12:52:00.000-05:00

Georges Nakseu Nguefang has published Principe de précaution et la responsabilité internationale dans le mouvement transfrontière des OGM (Bruylant 2012). Here's the abstract:

Les biotechnologies comportent de nombreux avantages, en particulier, dans les industries alimentaire, pharmaceutique et même forestière. Leur innocuité n’est pourtant pas assurée. C’est pourquoi elles suscitent de légitimes inquiétudes.
La réglementation internationale des activités qui en relèvent s’efforce de concilier les intérêts des industriels avec les exigences liées à la protection de l’environnement et de la santé publique.
Le Protocole international sur la prévention des risques biotechnologiques s’inscrit dans cette logique. Elaboré dans le prolongement de la Convention des Nations Unies sur la diversité biologique, il régit le transfert, la manipulation et l’utilisation des organismes génétiquement modifiés.
Le présent ouvrage qui prend en compte les dimensions historique, politique, juridique et scientifique des biotechnologies montre que cette réglementation ne peut se limiter à un régime de prévention. Le principe de responsabilité doit y jouer un rôle essentiel. En effet, le principe de précaution n’offre pas une garantie d’absence totale de faits dommageables pour l’environnement et la santé humaine. Des mécanismes de responsabilité sont nécessaires pour réparer d’éventuels préjudices. Principe de précaution et responsabilité ne sont pas antinomiques mais dans un rapport nécessaire de complémentarité.
L’ouvrage présente une réflexion originale dans un domaine encore peu exploré par les juristes malgré son actualité. Appuyé sur des analyses précises, il apporte ainsi des réponses pratiques de nature à intéresser tant les pouvoirs publics que les industriels, les scientifiques et les praticiens du droit.

Symposium: Our Courts and the World: Transnational Litigation and Civil Procedure (Reminder)

2012-01-18T06:29:00.000-05:00

As noted previously, the Southwestern Journal of International Law will host a symposium on "Our Courts and the World: Transnational Litigation and Civil Procedure," on February 3, 2012. The program is here.

New Issue: Goettingen Journal of International Law

2012-01-18T00:21:00.000-05:00

The latest issue of the Goettingen Journal of International Law (Vol. 3, no. 3, 2011) is out. Contents include:

Articles

Cedric Ryngaert, The Legal Status of the Holy See

Current Developments in International Law

Marie-José Domestici-Met, Protecting in Libya on Behalf of the International Community
Sebastian Wuschka, The Use of Combat Drones in Current Conflicts – A Legal Issue or a Political Problem?

GoJIL Focus: The Legacy of the ICTY

Donald Riznik, Completing the ICTY Project Without Sacrificing its Main Goals. Security Council Resolution 1966 – A Good Decision?
Gabrielle McIntyre, The International Residual Mechanism and the Legacy of the International Criminal Tribunals for the former Yugoslavia and Rwanda
Mia Swart, Tadic Revisited: Some Critical Comments on the Legacy and the Legitimacy of the ICTY
Frédéric Mégret, The Legacy of the ICTY as Seen Through Some of its Actors and Observers
Michael G. Karnavas, The ICTY Legacy: A Defense Counsel’s Perspective
Giovanna Maria Frisso, The Winding Down of the ICTY: The Impact of the Completion Strategy and the Residual Mechanism on Victims

Lindley-French & Boyer: The Oxford Handbook of War

2012-01-17T13:05:00.000-05:00

Julian Lindley-French (Netherlands Defence Academy) & Yves Boyer (École Polytechnique) have published The Oxford Handbook of War (Oxford Univ. Press 2012). The table of contents is here. Here's the abstract:

The Oxford Handbook of War is the definitive analysis of war in the twenty-first century. With over forty senior authors from academia, government and the armed forces world-wide the Handbook explores the history, theory, ethics and practice of war. The Handbook first considers the fundamental causes of war, before reflecting on the moral and legal aspects of war. Theories on the practice of war lead into an analysis of the strategic conduct of war and non Western ways of war. The heart of the Handbook is a compelling analysis of the military conduct of war which is juxtaposed with consideration of technology, economy, industry, and war. In conclusion the volume looks to the future of this apparently perennial feature of human interaction.

New Issue: Les Cahiers de l'Arbitrage

2012-01-17T10:26:00.000-05:00

The latest issue of Les Cahiers de l'Arbitrage (2011, no. 4) is out. Contents include:

Michael E. Schneider, The revision of the UNCITRAL Arbitration Rules. Some observations on the process and the results
Timothy G. Nelson, When the Lights Went Out : The Strange Death and Stranger Afterlife of the Barcelona Traction Case
Julia-Didon Cayr, Procédure judiciaire de Discovery en droit américain – Article 1782, Titre 28 de l’United States Code – et arbitrage international

Valentini: Justice in a Globalized World: A Normative Framework

2012-01-17T06:24:00.000-05:00

Laura Valentini (Univ. College London - Political Science) has published Justice in a Globalized World: A Normative Framework (Oxford Univ. Press 2012). Here's the abstract:

While the lives of millions of people are overshadowed by poverty and destitution, a relatively small subset of the world's population enjoys an unprecedented level of wealth. No doubt the world's rich have duties to address the plight of the global poor. But should we think of these as duties of egalitarian justice much like those applying domestically, or as weaker duties of humanitarian assistance? In this book, Laura Valentini offers an in-depth critique of the two most prominent answers to this question, cosmopolitanism and statism, and develops a novel normative framework for addressing it. Central to this framework is the idea that, unlike duties of assistance - which bind us to help the needy - duties of justice place constraints on the ways we may legitimately coerce one another. Since coercion exists domestically as well as internationally, duties of justice apply to both realms. The forms of coercion characterizing these two realms, however, differ, and so the content of duties of justice varies across them. Valentini concludes that given the nature of existing international coercion, global justice requires more than statist assistance, yet less than full cosmopolitan equality.

New Issue: Journal of International Law and International Relations

2012-01-17T00:27:00.000-05:00

The latest issue of the Journal of International Law and International Relations (Vol. 6, no. 2, Spring 2011) is out. Contents include:

Paul Blyschak, State-Owned Enterprises and International Investment Treaties: When are State-Owned Entities and their Investments Protected?
Yuan Ji, Crafting a Multilateral Solution for North Korean Refugee Settlement: What American Policymakers can learn from the Indochinese Refugee Crisis
Wojtek Mackiewicz Wolfe & Annette S. Leung Evans, China's Energy Investments and the Corporate Social Responsibility Imperative

Kesby: The Right to Have Rights: Citizenship, Humanity, and International Law

2012-01-16T14:55:00.000-05:00

Alison Kesby (Univ. of Cambridge - Law) has published The Right to Have Rights: Citizenship, Humanity, and International Law (Oxford Univ. Press 2012). Here's the abstract:

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines.
This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

Bornkamm: Rwanda's Gacaca Courts: Between Retribution and Reparation

2012-01-16T09:43:00.000-05:00

Paul Christoph Bornkamm (Humboldt University of Berlin - Law) has published Rwanda's Gacaca Courts: Between Retribution and Reparation (Oxford Univ. Press 2012). Here's the abstract:

Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice.
This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book is the first to provide a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.

New Issue: Asian Journal of WTO & International Health Law and Policy

2012-01-16T06:26:00.000-05:00

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 6, no. 2, September 2011) is out. Contents include:

Mitsuo Matsushita, Export Controls of Natural Resources and the WTO/GATT Disciplines
Thomas A. Faunce, Will International Trade Law Inhibit or Promote Global Artificial Photosynthesis?
Henry Gao, Google's China Problem: A Case Study on Trade, Technology and Human Rights Under the GATS
Yahong Li, Intellectual Property and Public Health: Two Sides of the Same Coin
Yanning Yu, China's Adopting Emergency Safeguard Measures for Services: A Political Economy Analysis
Hsien Wu, The Effect of Technology Development on the Decision of Physical Property/Nature and End Use for Determining "Like Product" Under the GATT

Wilcox: Digest of United States Practice in International Law, 2010

2012-01-16T05:04:00.000-05:00

Elizabeth Wilcox (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2010 (Oxford Univ. Press 2012). Here's the abstract:

Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
The 2010 edition of the Digest covers various developments that occurred during the course of the year, including issues relating to the active engagement of the U.S. with the International Criminal Court and the first full year of U.S. participation as a member of the Human Rights Council. Also discussed is U.S. involvement with notable treaties (including the New START Treaty and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, to both of which the U.S. Senate gave its advice and consent to ratification during 2010). Other subjects covered include U.S. activities at the United Nations and important judicial decisions from 2010.

New Issue: European Human Rights Law Review

2012-01-16T00:26:00.000-05:00

The latest issue of the European Human Rights Law Review (2011, no. 5) is out. Contents include:

Nicolas Bratza, The Relationship Between the UK Courts and Strasbourg
Baroness Hale, Common Law and Convention Law: The Limits to Interpretation
David Anderson, The Independent Review of Terrorism Legislation
David Mead, "Don't make us get a warrant... we only want a quick look in your husband's shed": The Article 8 Issues Raised by the Domestic Legal Framework on Police Entries and Searches by Consent
Max Schaefer, Al-Skeini and the Elusive Parameters of Extraterritorial Jurisdiction

Call for Papers: Fourth International Four Societies Conference

2012-01-15T06:38:00.000-05:00

The American Society of International Law, the Australian and New Zealand Society of International Law, the Canadian Council on International Law, and the Japanese Society of International Law are organizing a fourth joint conference and invite paper proposals from their members. Here's the call:

“International Law and Disasters”
The Fourth International Four Societies Conference
Call for Papers
The international law societies of Australia & New Zealand, Canada, Japan and the United States of America (the “Four Societies”) have held three conferences bringing together younger scholars around a theme often resulting in a scholarly volume (Wellington, New Zealand in 2006; Edmonton, Canada in 2008; and Awajishima, Japan in 2010).
The Four Societies are organizing a Fourth Joint Conference and invite paper proposals from their members. The Four Societies Conference will be held September 27 to 29, 2012 in Berkeley, California at the Claremont Resort. The theme of the Fourth Joint Conference will be “International Law and Disasters.” The Steering Committee for the Meeting invites paper proposals from the members of these four societies.
The Theme of International Law and Disasters
Few aspects of the future are certain. Yet, it is certain that catastrophes, attended by widespread suffering, are a part of our collective future. No one will be surprised to wake tomorrow to learn of an earthquake, an accident at a nuclear power plant, or the desperate plight of persons fleeing chaos. Data indicate that a significant natural disaster occurs on average once a week. Every three weeks, there is a disaster that exceeds the response capacities of the country most affected. Damages inflicted by disasters kill one million people each decade and leave millions more homeless. Economic damages from natural disasters have tripled in the last thirty years. All of these statistics tend to increase with a growing population and it is argued by many that climate change will increase the intensity of some types of disasters.
Curiously, however, the international legal order addressing this certain future is, in comparison to other far less certain areas of international affairs, both relatively undeveloped in practice and unexamined in the academic legal literature. Efforts from the bottom up by groups of States develop haphazardly. Driven today by one disaster, tomorrow by another, the ad hoc incoherence of legal and institutional response mirrors the fortuity of the catastrophes humanity encounters. The resulting fragmented ad hoc array of responses leaves many holes in the collective effort and often leads assistance amidst an emergency to be as likely a matter of luck as of planning. Simultaneously, the efforts from the top down by international organizations and their member States to comprehensively confront this challenge easily spin into ever-broader discussions, sweeping in so many initiatives and efforts that the sheer weight of the agenda seems to impede progress. Similarly, the scholarly attention to catastrophes, with notable exceptions, is diffuse.
With this situation in mind, the Steering Committee invites paper proposals addressing this broad and multifaceted subject. The proposals may take historical, institutional, political or other perspectives on the theme. The proposals may address a particular type of disaster or address a particular way in which international law bears on the subject of disasters broadly. It is the intent of the organizers that the collected resulting papers form a balanced volume illuminating and progressively advancing the global collective response to this pressing issue.
Submission of Proposals and the Process of Selection
Paper proposals should include a project description not exceeding 500 words and the applicant’s curriculum vitae. Submissions should cover work that has not been previously published. It is the intention of the sponsoring societies to keep the papers together and publish them in one volume. However, if the conference fails to provide an opportunity to publish the presented papers, participants will be free to publish them elsewhere.
Submissions should be sent by e-mail to the Sponsoring Society of which the submitter is a member. Since the underlying goal of this initiative is to foster a scholarly network between individuals associated with the four sponsoring societies, applicants are advised to send their submissions to the sponsoring society with which they are most likely to have a long-term connection, such as through membership in that society, or a university position or employment in the country, or countries, represented by that sponsoring society.
Submissions should be made to the following individuals:
ASIL: Professor David D. Caron ddcaron[at]law.berkeley.edu
ANZSIL: Professor Andrew Byrnes Andrew.Byrnes[at]unsw.edu.au
CCIL: Professor Craig Forsece craig.forcese[at]uOttawa.ca
JSIL: Professor Yuji Iwasawa iwasawa[at]j.u-tokyo.ac.jp
The Deadline for Submission of Proposals is April 1, 2012
Each sponsoring society will select four papers, subject to the review and approval of the Steering Committee comprising members from the Four Societies. Preference will be given to papers by those who are in the early stages of their careers. Additional preference will be given to innovative and cutting edge proposals related to International Law and Disasters. The selected participants will be notified in May 2012. Each participant will submit a full paper to the organizers by 31 August for distribution to the other participants.
Transportation to the venue will be subject to arrangement between each sponsoring organization and its conference participants. Lodging and meals at the venue during the conference will be provided by the American Society of International Law. The working language of the Conference will be English.

Gantz: World Trade Law after Doha: Multilateral, Regional and National Approaches

2012-01-14T08:19:00.000-05:00

David A. Gantz (Univ. of Arizona - Law) has posted World Trade Law after Doha: Multilateral, Regional and National Approaches. Here's the abstract:

After ten years the Doha Development Round is effectively dead, at least in its present form. A broadly comprehensive round of trade negotiations reminiscent of Doha or the Uruguay Round will not likely be attempted again in the foreseeable future. While some have suggested that Doha’s demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism the United States, the European Union (EU), Japan, Brazil, China and India, among others, have far too much to lose to make abandoning the WTO a rational option. If there is reason for cautious optimism post-Doha it is because there are alternatives to a comprehensive package of new or amended multilateral agreements. They include existing and future “plurilateral” trade agreements, new or revised regional trade agreements (RTAs) covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This article discusses the alternatives, which while less than ideal may provide an impetus for continuing trade liberalization both among specific countries and in some instances world-wide.

Film Amicorum Thomas Cottier

2012-01-13T13:40:00.000-05:00

Film Amicorum Thomas Cottier (Stämpfli 2011) is out. Contents include:

Benoît Merkt, Thomas Cottier, père de la loi sur la marché intérieur suisse
Erik Evtimov, Internationales Eisenbahnrecht mit einer Vaterfigur
Regula Dettling Ott, «Vom Winde verweht»: International aviation law
Marion Panizzon, Good faith in the law of the World Trade Organization
Panagiotis Delimatsis, Good faith and the proliferation of international courts
Luzius Wasescha, WTO Green Room: A historical and hysterical place
John Gero, Thomas Cottier and the TRIPS negotiations: A Canadian view
Bruce Wilson, Thomas Cottier and the TRIPS negotiations: A United States view
Franz Blankart, «We cannot use him because he is too intelligent...»
Mireille Cossy, Some improvements of the GATT dispute settlement mechanism
Thomas Cottier, It is all about trust
Luzius Wasescha, A tribute and testimony of friendship to Thomas Cottier
Serge Pannatier, L‘interaction entre le commerce et l‘environnement
Arthur Appleton, Thomas Cottier and the World Trade Institute
Christophe Germann, L‘apport positif du droit de l‘OMC à la diversité culturelle
Luzius Wasescha, GATS and cultural diversity: «Je ne suis qu‘un petit marchand de tapis...»

Ssenyonjo: The African Regional Human Rights System: 30 Years after the African Charter on Human and Peoples' Rights

2012-01-13T10:03:00.001-05:00

Manisuli Ssenyonjo (Brunel Univ. - Law) has published The African Regional Human Rights System: 30 Years after the African Charter on Human and Peoples' Rights (Martinus Nijhoff Publishers 2012). The table of contents is here. Here's the abstract:

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples’ Rights, the cornerstone of the African human rights system, in June 1981. The year 2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.
This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter’s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.
The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Lauterpacht Centre Friday Lunchtime Lecture Series for Lent Term 2012

2012-01-13T06:33:00.000-05:00

Here's the schedule for the Lauterpacht Centre for International Law's Lent Term 2012 Friday Lunchtime Lectures:

January 20, 2012: Daniel Bethlehem (20 Essex Street Chambers), TBA
January 26, 2012: Martti Koskenniemi (Univ. of Helsinki - Law), The Politics of International Law (Note: Thursday Meeting)
January 27, 2012: Alejandro A. Escobar (Baker Botts LLP), Private Investment Claims for Public International Law Rights: Implementation and Preclusion of Claims
February 3, 2012: Frank J. Garcia (Boston College - Law), Putting the 'Trade' Back in Free Trade: Trade Agreements and the Framework for Consensual Bargains
February 10, 2012: Thomas Giegerich (Univ. of Kiel - Law), Can the German Constitutional Court Function as Europe's Ultimate Arbiter?
February 17, 2012: Christine Bell (Univ. of Edinburgh - Law), TBA
February 24, 2012: Renata Tardioli (Aceh Monitoring Mission), EU Efforts in Conflict Management, Promotion of Democracy and Electoral Assistance: The Experience of Aceh
March 2, 2012: Yuval Shany (Hebrew Univ. of Jerusalem - Law), Hersch Lauterpacht Lectures Q&A Session
March 9, 2012: Melaku Desta (Univ. of Dundee - Law), Soft Law and the WTO
March 16, 2012: Daniel Joyner (Univ. of Alabama - Law), Iran's Nuclear Programme and International Law

Hsueh: Direct Effect of WTO Agreements: Practices and Arguments

2012-01-13T05:16:00.000-05:00

Ching-Wen Hsueh has published Direct Effect of WTO Agreements: Practices and Arguments (Peter Lang 2012). Here's the abstract:

The book investigates the debates of the direct effect of WTO agreements. There are three reasons why the consideration of direct effect is significant. First, direct effect is concerned with the separation of powers, specifically with the extent of involvement of the judicial branch of the member state in enforcing its obligations. Second, the effectiveness of WTO agreements depends more and more on the cooperation of national courts. Several WTO agreements have circumvented the legislative branch and set forth specific rules that the executive branches of the members must respect. Third, direct effect relates to legal protection for individuals who engage in international trade and could grant greater protection for the interests of individuals. This research aims at giving answers to the debate of whether the direct effect of WTO agreements should be granted. The subordinated and interrelated aims are to clarify the positions of major members and their reasons, to search grounds for granting the direct effect of WTO agreements, and to identify the difficulties arising thereby.

New Issue: Trade, Law and Development

2012-01-13T00:25:00.000-05:00

The latest issue of Trade, Law and Development (Vol. 3, no. 2, 2011) is out. Contents include:

Articles

Mitsuo Matsushita, Export Control of Natural Resources - WTO Panel Ruling on the Chinese Export Restrictions of Natural Resources
Diane A. Desierto, Development as an International Right: Investment in the new Trade-Based IIAs
Patrick Wieland, Why the Amicus Curia Institution is Ill-suited to address Indigenous Peoples’ Rights before Investor-State Arbitration Tribunals: Glamis Gold and the Right of Intervention

Notes and Comments

Petros C. Mavroidis, Doha, Dohalf or Dohaha? The WTO Licks its Wounds
Claus D. Zimmermann, Toleration of Temporary Non-Compliance: The Systemic Safety Valve of WTO Dispute Settlement Revisited
Melissa Blue Sky, Developing Countries and Intellectual Property Enforcement Measures: Improving Access to Medicines through WTO Dispute Settlement

New Issue: Manchester Journal of International Economic Law

2012-01-12T12:47:00.000-05:00

The latest issue of the Manchester Journal of International Economic Law (Vol. 8, no. 3, 2011) is out. Contents include:

S. Gozie Ogbodo, The International Responsibility of Maintaining a Sustainable Sovereign Debt in Nigeria
Valentina Sara Vadi, Through the Looking-Glass: International Investment Law through the Lens of a Property Theory
Kasturi Das, Can Border Carbon Adjustments Be WTO-Legal?
Johan Westberg, Trade and Climate Change beyond Doha – Towards Precarious Times of Transition for Multilateralism

Cohen & Shany: Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts

2012-01-12T09:40:00.000-05:00

Amichai Cohen (Ono Academic College - Law) & Yuval Shany (Hebrew Univ. of Jerusalem - Law) have posted Beyond the Grave Breaches Regime: The Duty to Investigate Alleged Violations of International Law Governing Armed Conflicts (Jerusalem Review of Legal Studies, forthcoming). Here's the abstract:

The purpose of the present article is to critically evaluate the contemporary international law obligation to investigate military conduct in times of conflict and to identify relevant normative trends. In a nutshell, we argue that the traditional focus on the Geneva grave breaches regime in the context of military investigations is misplaced. The duty to investigate is far broader – encompassing the alleged violation of many other norms of IHL and IHRL.

Sykes: Corporate Liability for Extraterritorial Torts Under the Alien Tort Statute and Beyond: An Economic Analysis

2012-01-12T06:32:00.000-05:00

Alan O. Sykes (Stanford Univ. - Law) has posted Corporate Liability for Extraterritorial Torts Under the Alien Tort Statute and Beyond: An Economic Analysis. Here's the abstract:

Litigation against corporate defendants under the Alien Tort Statute is largely an effort to enlist multinational business interests in a laudable effort to reign in the human rights abuses of repressive regimes. The hard question is whether the costs of this now extensive litigation (and related litigation under state tort law) are worth the benefits. This essay offers number of reasons for skepticism in that regard, although I stipulate that the ultimate answer to this question turns on empirical judgments. Courts considering the difficult issues that arise in these cases should at least be mindful of the possibility that corporate liability may impose great costs on firms subject to suit in the United States while accomplishing little or nothing to improve human rights. And if the door to corporate liability is to remain open, careful attention to the standards for aiding and abetting liability, to the requirements for vicarious liability, and to the measure of damages can both cabin and calibrate corporate liability in ways that enhance its potential to afford constructive incentives.

Lupu & Voeten: Precedent in International Courts: A Network Analysis of Case Citations by the European Court of Human Rights

2012-01-12T00:20:00.000-05:00

Yonatan Lupu (Univ. of California, San Diego - Political Science) & Erik Voeten (Georgetown Univ. - School of Foreign Service and Government) have posted Precedent in International Courts: A Network Analysis of Case Citations by the European Court of Human Rights (British Journal of Political Science, forthcoming). Here's the abstract:

Why and how do international courts justify decisions with citations to their own case law? We argue that, like domestic review courts, international courts use precedent at least in part to convince ‘lower’ (domestic) courts of the legitimacy of judgements. Several empirical observations are consistent with this view, which are examined through a network analysis of European Court of Human Rights (ECtHR) citations. First, the Court cites precedent based on the legal issues in the case, not the country of origin. Second, the Court is more careful to embed judgements in its existing case law when the expected value of persuading domestic judges is highest. These findings contribute to a developing literature that suggests international and domestic review courts develop their authority in similar ways.

New Issue: Revista Española de Derecho Internacional

2012-01-11T12:53:00.000-05:00

The latest issue of the Revista Española de Derecho Internacional (Vol. 63, no. 2, 2011) is out. Contents include:

Estudios

Francisco Jiménez García, La responsabilidad directa por omisión del Estado más allá de la diligencia debida. Reflexiones a raíz de los crímenes "feminicidas" de Ciudad Juarez
Nicolas Carrillo Santarelli & Carlos Espósito, Los jueces nacionales como garantes de bienes jurídicos humanitarios
Eva Díez Peralta, Los derechos de la mujer en el Derecho internacional

Notas

Josep María Fontanellas i Morell, La forma de la designación de ley en la propuesta de Reglamento europeo en materia de sucesiones
Carlos R. Fernández Liesa, El asunto Couso en los tribunales nacionales y en las relaciones internacionales
Björn Arp, Dos males, un bien no hacen: el asunto Cassirer ante los tribunales estadounidenses y la inmunidad de jurisdicción de España

New Issue: Transnational Dispute Management

2012-01-11T11:17:00.000-05:00

The latest issue of Transnational Dispute Management (2012, no. 1) is out. This special issue re-publishes "A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought." The table of contents is here. The full volume can be downloaded for free here.

Shany: Judicial Independence as an Indicator of International Court Effectiveness: A Goal-Based Approach

2012-01-11T09:42:00.000-05:00

Yuval Shany (Hebrew Univ. of Jerusalem - Law) has posted Judicial Independence as an Indicator of International Court Effectiveness: A Goal-Based Approach (in The Culture of Judicial Independence: Conceptual Foundations and Practical Challegnes, Shimon Shetreet & Christopher Forsyth eds., forthcoming). Here's the abstract:

The chapter seeks to contribute to the debate on the relationship between judicial independence and international court effectiveness by applying to it a model for international judicial effectiveness developed by the author elsewhere. In doing so, I hope to illustrate some of the problems attendant to the “broad brush” position taken by writers who have claimed a correlation between high levels of judicial independence and low levels of effectiveness. I posit that the proper question we should be discussing is not whether judicial independence is generally conducive to international court effectiveness (a question that assumes a linear relationship between the two variables); instead, we should ask questions such as which international courts are better served by judicial independence? what level of actual independence should courts strive to attain? what image of independence should they seek to project?

New Issue: International Journal of Human Rights

2012-01-11T06:27:00.000-05:00

The latest issue of the International Journal of Human Rights (Vol. 16, no. 1, 2012) is out. Contents include:

Special Issue: Indigenous peoples' rights: new perspectives

Mauro Barelli, Free, prior and informed consent in the aftermath of the UN Declaration on the Rights of Indigenous Peoples: developments and challenges ahead
Marco Odello, Indigenous peoples' rights and cultural identity in the inter-American context
Kristin Hausler, Indigenous perspectives in the courtroom
Heather A. Northcott, Realisation of the right of indigenous peoples to natural resources under international law through the emerging right to autonomy
Sheryl R. Lightfoot, Selective endorsement without intent to implement: indigenous rights and the Anglosphere
Sarah Sargent, Transnational networks and United Nations human rights structural change: the future of indigenous and minority rights
Fiona Batt, Ancient indigenous deoxyribonucleic acid (DNA) and intellectual property rights
Enzamaria Tramontana, Civil society participation in international decision making: recent developments and future perspectives in the indigenous rights arena
Shayna Plaut, ‘Cooperation is the story’ – best practices of transnational indigenous activism in the North
Jennifer Huseman & Damien Short, ‘A slow industrial genocide’: tar sands and the indigenous peoples of northern Alberta

Goodliffe et al.: Dependence Networks and the International Criminal Court

2012-01-11T05:13:00.000-05:00

Jay Goodliffe (Brigham Young Univ. - Political Science), Darren Hawkins (Brigham Young Univ. - Political Science), Christine Horne (Washington State Univ. - Sociology), & Daniel L. Nielson (Brigham Young Univ. - Political Science) have posted Dependence Networks and the International Criminal Court (International Studies Quarterly, forthcoming). Here's the abstract:

This article explores why governments commit to human rights enforcement by joining the International Criminal Court (ICC). Compared with other international institutions, the ICC has substantial authority and autonomy. Since governments traditionally guard their sovereignty carefully, it is puzzling that the ICC was not only established, but established so rapidly. Looking beyond traditional explanations for joining international institutions, this study identifies a new causal factor: a country’s dependence network, which consists of the set of other states that control resources the country values. This study captures different dimensions of what states value through trade relations, security alliances, and shared memberships in international organizations. Using event history analysis on monthly data from 1998 to 2004, we find that dependence networks strongly affect whether and when a state signs and ratifies the ICC. Some types of ratification costs also influence state commitment, but many conventional explanations of state commitment receive little empirical support.

Schwöbel: The Appeal of the Project of Global Constitutionalism to Public International Lawyers

2012-01-11T00:39:00.000-05:00

Christine Schwöbel (Univ. of Liverpool - Law) has published The Appeal of the Project of Global Constitutionalism to Public International Lawyers (German Law Journal, Vol. 13, no. 1, 2012). Here's the abstract:

The discourse on global constitutionalism has been gaining momentum among public international lawyers. This paper endeavors to understand the discourse by focusing on international lawyers, and seeks to explain what it is that draws them to the debate. It emerges that the idea of global constitutionalism embodies important concerns of public international lawyers about the current status of their field as a result of globalization. I suggest that there are three principal motivations that explain the tenacity of the debate: first, international lawyers are interested in the allocation of power in the international sphere. Constitutionalism seemingly provides a suitable tool for restricting political power through legal expertise, while at the same time constituting power in a globalized world. Second, international lawyers have a deeply entrenched interest in seeing the regulation of international society through law. The pull of this argument lies in the preservation of the status of international law as a profession at the heart of social change. Third, a strong motivation to engage in global constitutionalism is that it may be a means of ensuring the legitimation of international law itself. Global constitutionalism appears to offer the irresistible prospect of awarding legitimacy to international law by providing it with a legal framework with moral authority. These motivations all have in common that they allow international lawyers to declare and perpetuate their own relevance in a globalized world. Lastly, I consider just how irresistible the idea of global constitutionalism is.

Call for Papers: 5th ESIL Biennial Conference (Reminder)

2012-01-10T13:49:00.000-05:00

The European Society of International Law has issued a call for papers for its 5th Biennial Conference, to be held in Valencia, September 13-15, 2012. The conference theme is "Regionalism and International Law." The call for papers is here.

Barriga & Kreß: The Travaux Préparatoires of the Crime of Aggression

2012-01-10T09:42:00.000-05:00

Stefan Barriga (United Nations) & Claus Kreß (Universität zu Köln - Law) have published The Travaux Préparatoires of the Crime of Aggression (Cambridge Univ. Press 2011). Here's the abstract:

The Travaux Préparatoires of the Crime of Aggression contains a complete documentation of the fifteen years of negotiations which led up to the historic adoption of the amendments to the Rome Statute of the International Criminal Court at the 2010 Review Conference in Kampala. Arranged chronologically, it includes all relevant official Chairman's drafts, non-papers, country proposals, meeting reports and summary records, as well as selected unpublished materials and transcripts from the dramatic negotiations at the Review Conference. Three introductory articles, each written from the perspective of an insider, put the Kampala compromise into context and explore the amendments on the crime of aggression, their negotiation history and the intentions of the drafters.

New Issue: Revue trimestrielle des droits de l'homme

2012-01-10T06:20:00.000-05:00

The latest issue of the Revue trimestrielle des droits de l'homme (No. 89, January 2012) is out. Contents include:

Laurence Burgorgue-Larsen, Le bannissement de l’impunité : décryptage de la politique jurisprudentielle de la Cour interaméricaine des droits de l’homme
Ghislain Otis & Aurélie Laurent, Le défi des revendications foncières autochtones : la Cour européenne des droits de l’homme sur la voie de la décolonisation de la propriété ?
Nathalie Vaiter-Romain, La Cour européenne des droits de l'homme, juge du « provisoire » : effet de miroir ou réalité ?
Marie-Françoise Valette, La vulnérabilité de l’enfant au gré des migrations
Tatiana Gründler, La protection des droits sociaux par le Comité européen : entre réticence des Etats et indifférence de l’Union européenne (obs/s. Comité eur. drts. sociaux,Confédération générale du travail C.G.T. c. France, 23 juin 2010; Comité eur. drts. sociaux,Confédération française de l’encadrement C.F.E.-C.G.C. c. France, 23 juin 2010)
Anne Danis-Fâtome, Le « non » français au mariage homosexuel - Une illustration de la complexité des rapports entre les faiseurs de droit sur la scène française et européenne (obs/s. Cons. const. fr., Q.P.C., Mme Corine C. e.a., 28 janvier 2011)
Denis Martin, La discrimination fondée sur le sexe dans l’octroi de prestations sociales : un peu, beaucoup, … pas du tout (obs/s. Cour eur. dr. h., Andrle c. République tchèque, 17 février 2011)
Nathalie Droin, L’exception de vérité des faits diffamatoires de plus de dix ans : chronique d’une disparition annoncée en France (obs/s. Cons. const. fr., Q.P.C., Mme Térésa C. e. a., 20 mai 2011)
Eric David, L’arrestation d’un étranger « convoqué » comme témoin : la loyauté en question devant la Cour européenne des droits de l’homme (obs/s. Cour eur. dr. h., Adamov c. Suisse, 21 juin 2011)

Genser & Cotler: The Responsibility to Protect

2012-01-10T05:19:00.000-05:00

Jared Genser (Perseus Strategies) & Irwin Cotler (Member of Parliament, Canada) have published The Responsibility to Protect (Oxford Univ. Press 2011). The table of contents is here. Here's the abstract:

In The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Time, Jared Genser and Irwin Cotler provide a comprehensive overview on how this contemporary principle of international law has developed and analyze how best to apply it to current and future humanitarian crises. The "responsibility to protect" is a doctrine unanimously adopted by the UN World Summit in 2005, which says that all states have an obligation to protect their own citizens from mass atrocities, which includes genocide, war crimes, crimes against humanity, and ethnic cleansing. Its adoption and application has generated a passionate debate in law schools, professional organizations, media and within the U.N. system.
To present a full picture of where the doctrine now stands and where it could go in the future, editors Jared Genser and Irwin Cotler have assembled a global team of authors with diverse backgrounds and differing viewpoints, including Edward Luck, the UN Secretary-General's Special Advisor on the Responsibility to Protect. Genser and Cotler balance the pro-RtoP chapters with more skeptical arguments from agency staff and scholars with long experience in addressing mass atrocities. Framed by a Preface from Desmond Tutu and Vaclav Havel and a Conclusion from Gareth Evans, these in-depth and authoritative analyses move beyond theory to demonstrate how RtoP has worked on the ground and should work if applied to other crises. The global focus of this book, as well as its detailed application of the principle in case studies make it uniquely useful to staff at international organizations and NGOs considering use of the principle in a given circumstance, to scholars providing advice to governments, and to students seeking guidance on this still-expanding subject.

Tobin: The Right to Health in International Law

2012-01-10T00:14:00.000-05:00

John Tobin (Univ. of Melbourne - Law) has published The Right to Health in International Law (Oxford Univ. Press 2012). Here's the abstract:

The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation.
This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.

Schill: Illegal Investments in International Arbitration

2012-01-09T12:45:00.000-05:00

Stephan W. Schill (Max Planck Institute for International Law) has posted Illegal Investments in International Arbitration. Here's the abstract:

Investment treaty tribunals at numerous occasions had to deal with the impact the illegality of an investment made in the host State had on its protection under international investment treaties and in investor-State arbitration. In this context, tribunals had to interpret different “in accordance with host State law” - clauses contained in international investment treaties, but also dealt with the effect of illegality in the absence of such clauses. The present paper traces this increasingly complex jurisprudence and embeds it into a general framework as regards the relationship between breaches of domestic law and investment treaty protection. Although some differences are noticeable between both situations, most importantly as regards the effect of domestic illegality on the jurisdiction of investment treaty tribunals, the paper suggests that there is considerable convergence as regards the conditions under which breaches of domestic law affect the protection of foreign investors under international law. This unveils the contours of a doctrinal structure for dealing with illegal investments in international investment law and arbitration.

New Issue: Vanderbilt Journal of Transnational Law

2012-01-09T09:42:00.000-05:00

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 44, no. 5, November 2011) is out. Contents include:

Foreign State Immunity at Home and Abroad (Cont.)

Harold Hongju Koh, Foreign Official Immunity After Samantar: A United States Government Perspective
Beth Stephens, Abusing the Authority of the State: Denying Foreign Official Immunity for Egregious Human Rights Abuses
Lori Fisler Damrosch, Changing the International Law of Sovereign Immunity Through National Decisions
Elena Sciso, Italian Judges' Point of View on Foreign States' Immunity
Ingrid Wuerth, Symposium Epilog: Foreign Sovereign Immunity at Home and Abroad

Ozan O. Varol, The Origins and Limits of Originalism: A Comparative Study
Intisar A. Rabb, The Islamic Rule of Lenity: Judicial Discretion and Legal Canons

New Issue: European Human Rights Law Review

2012-01-09T06:18:00.000-05:00

The latest issue of the European Human Rights Law Review (2011, no. 4) is out. Contents include:

John Campbell, Litigating Human Dignity: The Roman-Dutch Common Law
Paul De Hert & Eugenio Mantovani, Specific Human Rights for Older Persons?
Janne Rothmar Herrmann & Brigit Toebes, The European Union and Health and Human Rights
Thomas Papadopoulos, Criticising the horizontal direct effect of the EU general principle of equality
Maria Suchkova, An analysis of the institutional arrangements within the Council of Europe and within certain Member States for securing the enforcement of judgments
Rachel Murray, The African Court on Human and Peoples' Rights' Order for Provisional Measures against Libya: Greater Promise for Implementation of Human Rights in Africa?

New Issue: Journal of International Peacekeeping

2012-01-09T05:13:00.000-05:00

The latest issue of the Journal of International Peacekeeping (Vol. 16, nos. 1-2, February 2012) is out. Contents include:

Róisín Burke, Attribution of Responsibility: Sexual Abuse and Exploitation, and Effective Control of Blue Helmets
Claire Breen, The Edges of Extraterritorial Jurisdiction: The Integration of Economic, Social and Cultural Rights into Peace Support Operations
Dieter Fleck, The Responsibility to Rebuild and Its Potential for Law-Creation: Good Governance, Accountability and Judicial Control
Bryn Hughes, Peace Operations and the Political: A Pacific Reminder of What Really Matters
Yee-Kuang Heng, Confessions of a Small State: Singapore's Evolving Approach to Peace Operations
Kirsten Johnson, Gillian Morantz, Helen Seignior, Tanya Zayed, & Shelly Whitman, From Youth Affected by War to Advocates of Peace, Round Table Discussions with Former Child Combatants from Sudan, Sierra Leone and Cambodia
Geoffrey Cain, How Can an Information Campaign Win Support for Peacekeeping?

Call for Papers: What Is Private International Law?

2012-01-09T00:34:00.000-05:00

The Private International Law Interest Group of the American Society of International Law has issued a call for papers for a conference on "What Is Private International Law?" Here's the call:

Call for Papers / Conference Announcement
ASIL Private International Law Interest Group
What is Private International Law?
Globalization increases the importance of private actors and private arrangements. And yet, while other disciplines are responding to these challenges, private international law seems mired in its past, unable to reform sufficiently. This suggests that it is time to ask foundational questions about our field. What is private international law today? Does it promote any polices or values, and if so, which are those? Is it just rules designating the applicable law? Does it include conflicts rules for public law? Should it include substantive private law? Privately made law beyond the state? What is its place in international law more generally, especially vis-à-vis public international law? What is its role in global governance? And is private international law relevant today, or can its former functions be fulfilled by other areas of the law?
In order to kindle this debate, the Private International Law Interest Group of the American Society of International Law is launching a call for papers that answer some or all of these foundational questions. Those interested in participating should submit an abstract no longer than 500 words. Finished papers and drafts are welcome as well. The deadline for submission of abstracts is May 15, 2012.
On 5/6 October 2012, the ASIL Private International Law Interest Group will, together with the Center for International and Comparative Law at Duke University, organize a 1½ day conference to discuss selected papers and ideas emerging from this call. We also plan to publish the papers selected for presentation in a special edition of an international law journal or a volume of collected papers. The venue of the conference and place of publication will be announced in early 2012.
A special invitation goes to authors under 35 years of age. The author under 35 of the best finished paper will be the winner of this year’s Private international Law Prize of the American Society of International Law. The prize money ($500) will be paid as a stipend to enable the author to participate in the conference and present his or her paper.
Submissions should be emailed to Ralf Michaels (michaels[at]law.duke.edu) and Rahim Moloo (rahim.moloo[at]nyu.edu) by May 15, 2012. Decisions on both invitations to present at the conference and on the ASIL Prize will be made by July 1.

New Issue: Criminal Law Forum

2012-01-08T06:36:00.000-05:00

The latest issue of Criminal Law Forum (Vol. 22, no. 4, December 2011) is out. Contents include:

Symposium in Honour of Professor Otto Triffterer’s 80th Birthday

Kai Ambos, Preface to the Special Symposium in Honour of Professor Otto Triffterer’s 80th Birthday
Kurt Schmoller & Astrid Reisinger Coracini, In Pursuit of International Criminal Justice: Honouring Otto Triffterer’s 80th Birthday
Anita Ušacka, Promises Fulfilled? Some Reflections on the International Criminal Court in Its First Decade
William A. Schabas, The International Criminal Court at Ten
Daniel David Ntanda Nsereko, The Kampala Review Conference: The Capstone of the Rome System
Roger S. Clark, Some Aspects of the Concept of International Criminal Law: Suppression Conventions, Jurisdiction, Submarine Cables and the Lotus
Otto Triffterer, Closing Remarks and a Vision: International Criminal Justice and the “Well-Being of the World”

Jernej Letnar Černič, Shaping the Spiderweb: Towards the Concept of Joint Commission Through Another Person Under the Rome Statute and Jurisprudence of the International Criminal Court
Theodore A. De Roos & Johannes F. Nijboer, Wrongfully Convicted: How the Dutch Deal with the Revision of Their “Miscarriages of Justice”
Vladimir Tochilovsky, Special Commentary: International Criminal Justice – Some Flaws and Misperceptions

Wold: The Durban Package and the Goals of Pacific Small Island Developing States

2012-01-07T06:32:00.000-05:00

Chris Wold (Lewis & Clark Law School) has posted an ASIL Insight on The Durban Package and the Goals of Pacific Small Island Developing States.

Cheng: When International Law Works: Realistic Idealism After 9/11 and the Global Recession

2012-01-06T12:49:00.000-05:00

Tai-Heng Cheng (New York Law School) has published When International Law Works: Realistic Idealism After 9/11 and the Global Recession (Oxford Univ. Press 2012). Here's the abstract:

In When International Law Works, Professor Tai-Heng Cheng transcends current debates about whether international law is really law by focusing on the reasons for complying with or deviating from international laws and other informal norms, whether or not they are 'law.' Cheng presents a new framework to guide decision makers when they confront an international problem that implicates the oftencompeting policies and interests of their own communities and global order. Instead of advocating for or against international law, Cheng acknowledges both its benefits and shortcomings in order to present practical ways to decide whether compliance in a given circumstance is beneficial, moral, or necessary, and to adjust international law to meet the contemporary challenges of global governance. In this manner, Cheng shows how it is possible for decision makers to take international law and its limitations seriously.
To test his theory, Cheng provides detailed case studies from recent events, ranging from the current global economic crisis to jihadist terrorism. This wideranging research demonstrates how his proposal for approaching international law would work in a real crisis, and sets this book apart from scholarship that focuses only on theory or isolated fields of international law.
Through a critical combination of theory and practice, When International Law Works gives policymakers, judges, arbitrators, scholars, and students practical and thought-provoking guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.

New Issue: Journal of International Economic Law

2012-01-06T09:44:00.000-05:00

The latest issue of the Journal of International Economic Law (Vol. 14, no. 4, December 2011) is out. Contents include:

Arthur E. Appleton & Claudio Dordi, Certificates of Free Sale: Who is Being Protected from Whom?
Bin Gu, Mineral Export Restraints and Sustainable Development—Are Rare Earths Testing the WTO's Loopholes?
Dan Wei, China's Anti-Monopoly Law and its Merger Enforcement: Convergence and Flexibility
Jane Kelsey, The Conundrum of Shifting Orthodoxies: FTAs And Korea's Currency Controls
Michelle Q. Zang, EC – Fasteners: Opening the Pandora's Box of Non-Market Economy Treatment

Conference: International Courts and the Quest for Legitimacy

2012-01-06T06:22:00.000-05:00

On June 3-4, 2012, the Cegla Center for Interdisciplinary Research of the Law at the Tel Aviv University Faculty of Law and the Effective International Adjudication ERC Project at the Hebrew University of Jerusalem Faculty of Law will co-host a conference on "International Courts and the Quest for Legitimacy." Here's the idea:

Since the end of the cold war, international courts have grown in number and strength. In particular, their jurisdictional reach has expanded, as have their accessibility to individuals, their authority to review national regulatory measures, and their remedial powers. These developments have led to a sharp rise in the number of cases referred to, and decided by, international courts. Their growing influence on global politics and the economy and their increasing impact on international and national law were met with resistance from national governments and courts. Their activism raised also concerns within the academia about their legitimacy.
The growing role of international courts raises two sets of questions concerning their legitimacy:
First, what are the minimal preconditions that international courts must have for reviewing and thereby constraining the regulatory policies of national governments and of international organizations? Are there inherent features, or actual constraints facing international courts that limit their legitimate scope of authority, such as their sometimes limited independence, their lack of accountability towards specific constituencies, or the real or perceived lack of democratic support for the norms they make and apply?
Second, what strategies have international courts actually adopted in order to attract greater legitimacy, including securing acceptance for their broader new authorities? Have courts been ultimately successful in attaining legitimacy in the eyes of their principal constituencies? Should other legitimacy-enhancing strategies be developed? For example, to what extent are international courts resorting to compliance-monitoring measures or increased process-transparency in order to increase their perceived legitimacy? To what extent are judicial law-making, on the one hand, and deference to other decision making entities (other international organs, national courts, other courts), on the other hand, effective legitimacy-enhancing strategies?
Investigating the quest for legitimacy on the part of international courts may help us in identifying the proper role for international courts in an increasingly diverse constellation of global law-interpreting and applying actors. Given the relationship between the quest for legitimacy and the capacity to successfully fulfill assigned judicial roles, such a course of investigation may also contribute to assessing the effectiveness of international courts.

New Issue: European Human Rights Law Review

2012-01-06T04:53:00.000-05:00

The latest issue of the European Human Rights Law Review (2011, no. 3) is out. Contents include:

Sophie Briant, Dialogue, diplomacy and defiance: prisoners' voting rights at home and in Strasbourg
Christine Chinkin & Jane Gordon, The UK CEDAW Story
Ronagh J.A. McQuigg, The Victim Test under the Human Rights Act 1998 and its Implications for Domestic Violence Cases
T.A.H.M. van de Laar & R.L. de Graaff, Salduz and Miranda: Is the US Supreme Court Pointing the Way?
Conor McCarthy, What Happens to the Frozen Fortune? The Libya Situation and Claims for Reparation
Paul Skinner, Freedom of Expression, Subsidiarity and "No Win No Fee" Agreements: MGN Ltd v United Kingdom

Conference: ICSID Article 52 Review and Annulment Procedure

2012-01-06T00:37:00.000-05:00

On February 11, 2012, the Yale Journal of International Law and the American Society of International Law will co-host a conference on "ICSID Article 52 Review and Annulment Procedure," in New Haven. The program is not yet available. Here's the idea:

For over 40 years, the World Bank’s International Center for the Settlement of Investment Disputes (ICSID) has offered investors and states a unique arbitration mechanism, which trades off diplomatic protection on behalf of investors in return for commitments by host states to arbitrate investment disputes at the initiative of the investor. ICSID’s role in international investment has grown dramatically along with the proliferation of Bilateral Investment Treaties (BITs). At the same time, most of the awards of ICSID tribunals have been published and have contributed to the ongoing development of international investment law and general international law.
In recent years, however, the ICSID framework has come under criticism from a number of angles, perhaps the most acute being controversy over its distinctive review and annulment procedure. Originally intended to be an “extraordinary remedy,” the Article 52 procedure has almost become a staple of the arbitral process. Moreover, the precise function of the procedure and its scope appears to be conceived very differently in many of the decisions of ad hoc Committees. Some have suggested that the uncertainty introduced by the application of Article 52 is undermining the finality of ICSID awards and the attractiveness of ICSID arbitration itself, in competition with other arbitral institutions available for managing international investment disputes.
This conference, cosponsored by the Yale Journal of International Law and the American Society of International Law, will bring together leading academics and practitioners who have played central roles in the drama of Article 52 to appraise recent cases and to consider whether any adjustments to the review procedure ought to be introduced.

Koh: Foreign Official Immunity After Samantar: A United States Government Perspective

2012-01-05T12:59:00.000-05:00

Harold Hongju Koh (Legal Adviser, U.S. Department of State) has published Foreign Official Immunity After Samantar: A United States Government Perspective (Vanderbilt Journal of Transnational Law, Vol. 44, no. 5, p. 1141, November 2011). Here's the opening paragraph:

I am delighted to speak here at Vanderbilt regarding the U.S. Government’s perspective on Foreign Official Immunity after Samantar v. Yousuf. In the Samantar case, the U.S. Supreme Court unanimously held that the immunity of foreign government officials sued in their personal capacity in U.S. courts, including for alleged human rights violations, is not controlled by the Foreign Sovereign Immunities Act of 1976, but rather, by immunity determinations made by the Executive Branch. Let me break my topic today into three parts: first, the world of foreign official immunity as it existed before the Samantar case; second, the Supreme Court’s decision in Samantar and its implications; and third, the State Department’s “New Samantar Process,” which has been emerging since the Supreme Court’s decision—focusing, in particular, on distinguishing what we call Samantar issues from non-Samantar issues, the effect of a State Department suggestion of immunity, and the effect of State Department silence with respect to a foreign official’s claim of immunity.

New Issue: Humanity

2012-01-05T06:27:00.000-05:00

The latest issue of Humanity (Vol. 2, no. 2, October 2011) is out. Contents include:

Samuel Martinez & Kathryn Libal, Introduction: The Gender of Humanitarian Narrative
Mimi Sheller, Bleeding Humanity and Gendered Embodiments: From Antislavery Sugar Boycotts to Ethical Consumers
Gretchen Soderlund, The Rhetoric of Revelation: Sex Trafficking and the Journalistic Exposé
Kerry Bystrom, On "Humanitarian" Adoption (Madonna in Malawi)
Elizabeth Swanson Goldberg & Alexandra Schultheis Moore, Old Questions in New Boxes: Mia Kirshner's I LIVE HERE and the Problematics of Transnational Witnessing
Diana Tietjens Meyers, Two Victim Paradigms and the Problem of "Impure" Victims
Samuel Martinez, Taking Better Account: Contemporary Slavery, Gendered Narratives, and the Feminization of Struggle
Greg Constantine, Photo Essay: Nowhere People
Amy Shuman & Wendy S. Hesford, Emergent Human Rights Contexts: Greg Constantine's "Nowhere People"
Tobias Kelly, What We Talk About When We Talk About Torture

Newton & Scharf: Terrorism and Crimes Against Humanity

2012-01-05T05:14:00.000-05:00

Michael A. Newton (Vanderbilt Univ. - Law) & Michael P. Scharf (Case Western Reserve Univ. - Law) have posted Terrorism and Crimes Against Humanity (in Forging a Convention for Crimes Against Humanity, Leila Nadya Sadat ed., 2011). Here's the abstract:

The Crimes Against Humanity convention project was conceived to provide a gap-filling convention in the pantheon of international agreements regulating atrocity crimes, and this commissioned chapter addresses the debate whether terrorist crimes should be characterized within the overall rubric of crimes against humanity. The authors can imagine some theoretical advantages to characterizing some incidents of terrorism as a new discrete crime against humanity. For example, this would create universal jurisdiction (and trigger a duty to prosecute or extradite) at the national level with respect to terrorist acts that are not presently covered by the laws of war or one of the dozen multilateral antiterrorism conventions in peacetime. It would also create uniformity of jurisdiction and prosecutorial obligation with regard to any States that have ratified the Proposed Crimes Against Humanity Convention to supplement the likelihood of prosecution when domestic prosecution under existing statute or extradition to another State are legally or politically unfeasible. There are, nevertheless, no compelling values served by deeming terrorism as a crime against humanity through the vehicle of a new Convention. Indeed, in the opinion of the authors, the creation of a wholly new specified offense under the rubric of crimes against humanity is inadvisable for several reasons. First, most widespread terrorist acts are already covered by the laws of war or would constitute the existing crime against humanity of murder, without having to address the thorny definitional question of what is terrorism. There are no lacunae that can be constructively addressed. As a matter of qualitative jurisprudence, terrorist offenses are on substantive par with the grave breaches provisions of the 1949 Geneva Conventions, the 1948 Genocide Convention, and the provisions of the Torture Convention; the same aut dedere aut punire obligation that applies to grave breaches, genocide, and torture also applies to terrorism covered by the international conventions. Second, the determination of whether an alleged act short of mass murder (such as systematic kidnappings by a terrorist group) qualifies as a particular crime within the established array of crimes against humanity is best handled as a judicial determination made on a case-by-case basis, taking into account the nature of the alleged act, the context in which it took place, the personal circumstances of the victims, and the physical, mental, and moral effects of the perpetrator’s conduct upon the victims. Finally, the effort to achieve international consensus on the inclusion of a specific crime against humanity of “terrorism” would introduce a whole new level of uncertainty and politicization into the existing legal structures and definitions.

New Issue: Journal of World Intellectual Property

2012-01-05T00:33:00.000-05:00

The latest issue of the Journal of World Intellectual Property (Vol. 15, no. 1, January 2012) is out. Contents include:

Marcella Favale, The Right of Access in Digital Copyright: Right of the Owner or Right of the User?
T.G. Agitha, International Norms for Compulsory Licensing and the Indian Copyright Law
Althaf Marsoof, TRIPS Compatibility of Sri Lankan Trademark Law
Anna Giulia Micara, TRIPS-plus Border Measures and Access to Medicines

Turk: Implications of European Disintegration for International Law

2012-01-04T15:54:00.000-05:00

Matthew C. Turk (Sullivan & Cromwell, LLP) has posted Implications of European Disintegration for International Law (Columbia Journal of European Law, Vol. 17, p. 395, 2011). Here's the abstract:

The European debt crisis that started in 2009 has revealed underlying structural problems in the European Monetary Union, threatening the viability of the common currency in its current form. An unraveling of monetary coordination in Europe would mark a significant event of disintegration, in the face of a decades-long trend of integration that was commonly considered an inevitable and self-sustaining process.
This Article argues that even a reasonable possibility of disintegration of this magnitude upsets previous theorizing about European integration which over-emphasized the EU’s “supranational” character.
More generally, disintegration poses serious problems for international law scholarship across the ideological spectrum, much of which has organized itself around the historically contingent trend of integration as if it were an a-historical given. The debt crises reveals that use of Europe by both “Skeptical” and “Cosmopolitan” international law scholars is largely an opportunistic rhetorical strategy that conceals fundamental weaknesses of both viewpoints in their debate over the limits and promise of international legalization and cooperation.

New Issue: Journal of International Maritime Law

2012-01-04T15:26:00.000-05:00

The latest issue of the Journal of International Maritime Law (Vol. 17, no. 4, 2011) is out. Contents include:

Sandra Lielbarde, A comparison of the UK and US approaches to the incorporation of a charterparty arbitration clause into bills of lading
Thomas J. Schoenbaum, An Evaluation of the Rotterdam Rules from the US
Måns Jacobsson, An ideal international scheme for compensation for marine pollution damage
Alla Pozdnakova, Criminal sanctions for ship-source pollution: Den offentlige påtalemyndighet (Public prosecution authorities) mot A og Q (MV Full City), Court of Appeal, Agder, Norway, 22 June 2011
Rui Zheng, Moral hazard and the use of fraudulent means and devices in presenting a legitimate insurance claim: Sharon’s Bakery (Europe) Ltd v (1)Axa Insurance UK Plc (2) Aviva Insurance Ltd

New Issue: European Human Rights Law Review

2012-01-04T12:38:00.000-05:00

The latest issue of the European Human Rights Law Review (2011, no. 2) is out. Contents include:

John G. Ruggie, The Construction of the UN 'Protect, Respect and Remedy' Framework for Business and Human Rights: The True Confessions of a Principled Pragmatist
Ian Loveland, The Shifting Sands of Article 8 Jurisprudence in English Housing Law
Daithi Mac Sithigh, "I'd tell you everything if you'd pick up that telephone"—Political Expression and Data Protection
Bryane Michael & Habit Hajredini, What Does Kosovo Teach Us About Using Human Rights Law to Prosecute Corruption Offences?
Nikolas Kyriakou, Enforced Disappearances in Cyprus: Problems and Prospects of the Case Law of the European Court of Human Rights
Sanjivi Krishnan, What's the Consensus? The Grand Chamber's Decision on Abortion in A, B and C v Ireland

Mares: The UN Guiding Principles on Business and Human Rights: Foundations and Implementation

2012-01-04T09:29:00.000-05:00

Radu Mares (Raoul Wallenberg Institute of Human Rights and Humanitarian Law) has published The UN Guiding Principles on Business and Human Rights: Foundations and Implementation (Martinus Nijhoff Publishers 2011). Contents include:

Radu Mares, Business and Human Rights After Ruggie: Foundations, the Art of Simplification and the Imperative of Cumulative Progress
John H. Knox, The Ruggie Rules: Applying Human Rights Law to Corporations
Karin Buhmann, The Development of the ‘UN Framework’: A Pragmatic Process Towards a Pragmatic Output
Fiona Haines, Kate Macdonald & Samantha Balaton-Chrimes, Contextualising the Business Responsibility to Respect: How Much Is Lost in Translation?
Sune Skadegaard Thorsen & Signe Andreasen, Remodelling Responsible Supply Chain Management: The Corporate Responsibility to Respect Human Rights in Supply Chain Relationships
Karin Lukas, Human Rights in the Supply Chain: Influence and Accountability
Radu Mares, Responsibility to Respect: Why the Core Company Should Act When Affiliates Infringe Human Rights
Mary Dowell-Jones & David Kinley, The Monster Under the Bed: Financial Services and the Ruggie Framework
Rory Sullivan & Nicolas Hachez, Human Rights Norms for Business: The Missing Piece of the Ruggie Jigsaw – The Case of Institutional Investors
Meg Brodie, Pushing the Boundaries: The Role of National Human Rights Institutions in Operationalising the ‘Protect, Respect and Remedy’ Framework
Christine Parker & John Howe, Ruggie’s Diplomatic Project and Its Missing Regulatory Infrastructure
Tara J. Melish & Errol Meidinger, Protect, Respect, Remedy and Participate: ‘New Governance’ Lessons for the Ruggie Framework

Walker: Definitions for the Law of the Sea: Terms Not Defined by the 1982 Convention

2012-01-04T06:24:00.000-05:00

George K. Walker (Wake Forest Univ. - Law) has published Definitions for the Law of the Sea: Terms Not Defined by the 1982 Convention (Martinus Nijhoff Publishers 2011). Here's the abstract:

Definitions for the Law of the Sea elucidates undefined terms and phrases used in The United Nations Convention on the Law of the Sea (UNCLOS) itself, as well as terms used in its analysis. Based on nearly a decade of work by the American Branch of the International Law Association’s Law of the Sea Committee, the volume provides clear definitions based on usage in the Convention, rather than geographical or geological concepts.
Over 200 terms are defined in the text, alongside analyses and commentary prepared by prominent experts in the field of oceans law. Abbreviated citation forms used throughout the volume are clarified, and relevant documents are included with updated references. Definitions for the Law of the Sea is an indispensable source for governmental officials, academics and practitioners of oceans law, and serves as a supplement to the multi-volume United Nations Convention on the Law of the Sea 1982: A Commentary.

New Issue: Diritti umani e diritto internazionale

2012-01-04T05:22:00.000-05:00

The latest issue of Diritti umani e diritto internazionale (Vol. 5, no. 3, 2011) is out. Contents include:

Studi

Matteo E. Bonfanti, Il diritto alla protezione dei dati personali nel Patto internazionale sui diritti civili e politici e nella Convenzione europea dei diritti umani: similitudini e difformità di contenuti
Giancarlo Anello, ‘Fratture culturali’ e ‘terapie giuridiche’. Giurisdizioni religiose e diritti umani in una prospettiva interculturale
Paolo Fusaro, Il linguaggio non verbale della Corte costituzionale: la ‘politica giudiziaria’ nei confronti della Convenzione europea dei diritti umani
Marina Castellaneta, Vicenda Battisti atto secondo: la nuova decisione del Supremo Tribunal Federal e le persistenti violazioni del diritto internazionale
Daniele Amoroso, Insindacabilità degli atti politici e legittimità del diniego di estradizione per motivi umanitari: in margine al caso Battisti II
Rosario Sapienza, La Grande Camera della Corte europea e la questione del crocifisso nelle scuole italiane
Gemma Andreone, L’identità culturale di un popolo appesa ai muri della scuola. In margine alla sentenza della Grande Camera nel caso Lautsi

New Issue: Journal of World Intellectual Property

2012-01-04T00:32:00.000-05:00

The latest issue of the Journal of World Intellectual Property (Vol. 14, no. 6, November 2011) is out. Contents include:

Alison Slade, Articles 7 and 8 of the TRIPS Agreement: A Force for Convergence within the International IP System
Nora El-Bialy & Moamen Gouda, Can Shari'a be a Deterrent for Intellectual Property Piracy in Islamic Countries?
Muhammad Hamid Ali, The Protection of Geographical Indications in Pakistan: Implementation of the TRIPS Agreement

White: Climate Change and Migration: Security and Borders in a Warming World

2012-01-03T12:49:00.000-05:00

Gregory White (Smith College - Government) has published Climate Change and Migration: Security and Borders in a Warming World (Oxford Univ. Press 2011). Here's the abstract:

In the modern era, two types of international migration have consumed our attention: politically induced migration to flee war, genocide, and instability, and migration for economic reasons. Recently, though, another force has generated a new wave of refugees-global warming. Climate change has altered terrains and economies throughout the tropical regions of the world, from sub-Saharan Africa to Central America to South and Southeast Asia. In Climate Change and Migration: Security and Borders in a Warming World, Greg White provides a rich account of the phenomenon. Focusing on climate-induced migration from Africa to Europe, White shows how global warming's impact on international relations has been significant, enhancing the security regimes in not only the advanced economies of the North Atlantic, but in the states that serve as transit points between the most advanced and most desperate nations. Furthermore, he demonstrates that climate change has altered the way the nations involved view their own sovereignty, as tightening or defining borders in both Europe and North Africa leads to an increase of the state's reaches over society. White closes by arguing that a serious and comprehensive program to reduce the greenhouse gas emissions that cause climate change is the only long-term solution. With an in-depth coverage of both environmental and border policy from a global perspective, Climate Change and Migration provides a provocative and much-needed link between two of the most pressing issues in contemporary international politics.

New Volume: Italian Yearbook of International Law

2012-01-03T09:41:00.000-05:00

The latest volume of the Italian Yearbook of International Law (Vol. 20, 2010) is out. Contents include:

Symposium: The Future of the ECHR System

Giuseppe Cataldi, Presentation of the Symposium
The ECHR System and International Law
Raffaella Nigro, The Notion of “Jurisdiction” in Article 1: Future Scenarios for the Extra-Territorial Application of the European Convention on Human Rights
Ottavio Quirico, Substantive and Procedural Issues Raised by the Accession of the EU to the ECHR
Beatrice I. Bonafè, The ECHR and the Immunities Provided by International Law
Comments
Pasquale De Sena, The Notion of “Contracting Parties’ Jurisdiction” Under Article 1 of the ECHR: Some Marginal Remarks on Nigro’s Paper
Benedetto Conforti, Comments on the Accession of the European Union to the ECHR
Emilio De Capitani, EU Accession to the ECHR: A Parliamentary Perspective
Marco Gestri, Access to a Court and Jurisdictional Immunities of States: What Scope for the Balancing of Interests Test?
General Aspects of the Functioning of the ECHR System
Antonio Bultrini, The European Convention on Human Rights and the Rule of Prior Exhaustion of Domestic Remedies in International Law
Simona Granata, Manifest Ill-Foundedness and Absence of a Significant Disadvantage as Inadmissibility Criteria of Inadmissibility for the Individual Application to the Court
Andrea Caligiuri & Nicola Napoletano, The Application of the ECHR in the Domestic Systems
Comments
Guido Raimondi, Reflections on the Rule of Prior Exhaustion of Domestic Remedies in the Jurisprudence of the European Court of Human Rights
Françoise Tulkens, The Link Between Manifest Ill-Foundedness and Absence of a Significant Disadvantage as Inadmissibility Criteria for Individual Applications
Pasquale Pirrone, The Value of the Judgments of the European Court of Human Rights for the Courts of the Respondent State: Domestic Judicial Decision in Favour of the Applicant and the Principle of “Doing as Much as Possible”
General Conclusion on the Symposium
Jean-Paul Costa, Concluding Remarks on the Future of the Strasbourg Court

Kleinlein: Konstitutionalisierung im Völkerrecht

2012-01-03T06:28:00.000-05:00

Thomas Kleinlein (Goethe-Universität Frankfurt am Main - Law) has published Konstitutionalisierung im Völkerrecht: Konstruktion und Elemente einer idealistischen Völkerrechtslehre (Springer 2012). Here's the abstract:

Der Autor untersucht analytisches Potential und normative Konsequenzen der völkerrechtlichen Konstitutionalisierungslehre. Anhand der Begriffsgeschichte zeigt er zunächst auf, wie sich der Verfassungsbegriff aussagekräftig auf das Völkerrecht übertragen lässt. Sodann spürt er Vorläufern und philosophischen Wurzeln nach und sucht nach neuen Anknüpfungspunkten für die Konstitutionalisierungsthese. Vor diesem Hintergrund unterzieht er die Hierarchisierung und Objektivierung des Völkerrechts sowie die Bindung von internationalen Organisationen an Menschenrechte als mögliche Verfassungsmerkmale einer kritischen Auseinandersetzung. Der Autor kommt zu dem Ergebnis, dass Konstitutionalisierung vor allem ein Prozess des Identitätswandels und der Selbstverstrickung ist, der Begründungslasten für die juristische Argumentation schafft. Methodisch wird die Genese konstitutioneller Normen als Bildung allgemeiner Rechtsgrundsätze in Auseinandersetzung mit konstruktivistischen Ansätzen in den Internationalen Beziehungen erklärt.

New Issue: World Arbitration and Mediation Review

2012-01-03T05:37:00.000-05:00

The latest issue of the World Arbitration and Mediation Review (Vol. 5, no. 2, 2011) is out. Contents include:

General Principles of International Commercial Arbitration

Bernard Hanotiau, Foreword
Klaus Peter Berger, General Principles of Law In International Commercial Arbitration: How to Find Them – How to Apply Them
Felix Dasser, That Rare Bird: Non-National Legal Standards as Applicable Law in International Commercial Arbitration
Emmanuel Gaillard, General Principles of Law in International Commercial Arbitration – Challenging the Myths
Yves Derains, The Application of Transnational Rules in ICC Arbitral Awards
Loukas Mistelis. General Principles of Law and Transnational Rules in International Arbitration: An English Perspective
David W. Rivkin, Transnational Principles in U.S. Courts

Ferrari: Contracts for the International Sale of Goods: Applicability and Applications of the 1980 United Nations Convention

2012-01-03T00:38:00.000-05:00

Franco Ferrari (New York Univ. - Law) has published Contracts for the International Sale of Goods: Applicability and Applications of the 1980 United Nations Convention (Martinus Nijhoff Publishers 2011). Here's the abstract:

Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions.

New Issue: Journal of International Maritime Law

2012-01-02T13:08:00.000-05:00

The latest issue of the Journal of International Maritime Law (Vol. 17, no. 3, 2011) is out. Contents include:

Erik Røsæg, New procedures for bills of lading in the Rotterdam Rules
Martin H Claringbould, Rotterdam Rules: both-to-blame collision --100% liability!
Vibe Ulfbeck, Contracts of logistics under the Rotterdam Rules

Berman: Passion and Ambivalence: Colonialism, Nationalism, and International Law

2012-01-02T09:47:00.000-05:00

Nathaniel Berman (Brown Univ.) has published Passion and Ambivalence: Colonialism, Nationalism, and International Law (Martinus Nijhoff Publishers 2011). Here's the abstract:

Ethnic, nationalist, and religious conflicts and debates about international intervention have been central global preoccupations of the past hundred years. Such debates, this volume argues, were first framed in their modern form during the interwar period, when a “Modernist break” (akin to that in literature, philosophy, and the arts) transformed the way such conflicts were viewed. Internationalists began to cast identity-based claims — whether those of anti-colonialists or European separatists — not only as mortal dangers to international order but as indispensable to its revitalization. Drawing on cultural studies, postcolonial theory, and psychoanalysis — with case studies ranging from 1930s Ethiopia to 1990s Jerusalem — this volume looks at both the origins and legacy of these debates, offering a radical reinterpretation of modern internationalism.

New Volume: Yearbook on International Investment Law & Policy

2012-01-02T06:32:00.000-05:00

The latest volume of the Yearbook on International Investment Law & Policy (2010-2011) is out. Contents include:

Part One

Persephone Economou & Karl P. Sauvant, Recent trends and issues in foreign direct investment, 2010
Edward G. Kehoe & Paul B. Maslo, Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules
Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens & Nicholas J. Birch, International investment law and arbitration: 2010 in review

Part Two: Symposium on international investment law and the European Union

Federico Ortino, Introduction to the Symposium on international investment law and the European Union
Colin Brown & Maria Alcover-Llubia, The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon
Anna De Luca, New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection?
Steffen Hindelang, Member State BITs - There's still (some) life in the old dog yet. Incompatibility of existing Member State BITs with EU law and possible remedies: A position paper
Angelos Dimopoulos, The development of EU trade and investment policies: Drawing lessons form past experiences