Chehtman: Occupation Courts, Jus Ad Bellum Considerations, and Non-State Actors: Revisiting the Ethics of Military Occupation

Alejandro Chehtman (Univ. College London – Centre for International Courts and Tribunals) has published Occupation Courts, Jus Ad Bellum Considerations, and Non-State Actors: Revisiting the Ethics of Military Occupation (Legal Theory, Vol. 21, no. 1, March 2015). Here’s the abstract:

This article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance of jus ad bellum considerations on the in bello rights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war theory, it argues in favor of the moral equality of just and unjust occupants. Against the orthodox position in international law, it advocates the symmetrical treatment of states and non-state actors fighting internal armed conflicts, at least in terms of the rights they may claim on the territories under their control. It concludes by appraising the way in which this moral landscape should be translated into legal norms.

Call for Submissions: Asian Yearbook of Human Rights and Humanitarian Law

The Asian Yearbook of Human Rights and Humanitarian Law has issued a call for submissions for its inaugural volume and a call for papers for a conference on "ISIS and Implications for Human Rights and Humanitarian Law." Here's the call:

CALL FOR PAPERS

The Asian Yearbook of Human Rights and Humanitarian Law

Inaugural Launch Issue & International Conference on ISIS and Implications for Human Rights and Humanitarian Law (June 2016)

The editors of the Asian Yearbook of Human Rights and Humanitarian Law (AYBHRHL) and Koninklijke Brill NV Publishers invite submissions for the Inaugural Launch Issue of the Yearbook. The Launch will take place at an international conference due to take place in London during June 2016.

The Yearbook welcomes submissions in a wide variety of human rights and humanitarian issues including those focusing on contemporary socio-economic, legal and political developments impacting upon human rights and humanitarian law within Asia and globally. The Yearbook would also welcome submissions based on theoretical perspectives on human rights and humanitarian law with specific relevance to Asia.

AYBHRHL consists of the following sections:

Focused Theme:

Each volume of the Yearbook is focused on a particular theme. The theme for Volume 1 is: ISIS and Implications for Human Rights and Humanitarian Law (This will be the focus of the international conference, the details of which are provided below).

General Articles:

Each Volume would publish a selection of Articles covering aspects of human rights law and humanitarian law with a broad regional focus on Asia.

Asian State Practices:

This section would cover range of State Practices in the field of human rights and humanitarian law.

Recent Developments:

This section would cover recent developments in the field of human rights and humanitarian law.

Book Reviews:

Each Volume aims to review books on human rights and humanitarian law, relevant to the Asian region.

ISIS and Implications for Human Rights and Humanitarian Law

International Conference, Summer 2016

The editors of the Asian Yearbook of Human Rights and Humanitarian Law (AYBHRHL) and Koninklijke Brill NV Publishers invite submissions for the International Conference due to take place in London in June 2016. Selected papers from the conference will be published in Vol.1 of AYBHRHL (2016). The conference focuses upon ISIS and human rights and humanitarian law issues arising from the conflict in Syria and Iraq. The conference themes can relate to any aspect involving ISIS including international and transnational terrorism, enslavement, prostitution and sexual slavery, torture, extrajudicial killings and human rights violations, violations of international humanitarian law, as well as Sharia law and the Sunni/Shia conflict of the region.

Relevant topics for the conference include, but are not limited to:

• ISIS and international terrorism
• ISIS and the enslavement, prostitution and sexual slavery within Asia and Europe
• ISIS and Jihadi Brides
• ISIS and the use of social media
• Human rights violations in the Conflict in Iraq and Syria
• The applicability and ramifications for International humanitarian law in Syria and Iraq
• ISIS as an ‘Islamic’ Caliphate
• Religious perspectives on the conflict in Iraq and Syria
• Prevent strategy and counter-terrorism
• ISIS and the role of intergovernmental organizations, governments and security services in counter-terrorism

As noted above, selected papers from the conference will be published in Vol.1 of AYBHRHL (2016). Abstracts should be submitted on the basis that written papers will be available for review and publication.

Important Dates:

Submission of General Articles and Recent Developments for Volume 1: 4 January 2016

Submission of paper conference abstracts: 15 January 2016

Notification of acceptance of conference paper abstracts: 1 March 2016

Notification of acceptance of General Articles and Recent Developments and submission of completed conference papers: 12 May, 2016

Instructions for Submission:

General Articles and Recent Developments:

Articles for Volume 1 to be submitted to: Assistant Editor, Dr Meryl Dickinson, Brunel Law School, Brunel University London e-mail: Meryl.Dickinson@Brunel.ac.uk .

Submissions for General Articles should be between 8,000-10,000 words.

Submissions to Recent Developments should be between 3,000- 5,000 words.

Submission of paper proposals for the International conference:

This should include a paper proposal of not more than 500 words with a brief CV or biography. These should be submitted to: Assistant Editor, Dr Meryl Dickinson, Brunel Law School, Brunel University London e-mail: Meryl.Dickinson@Brunel.ac.uk

Accepted papers for publication should be between 8,000-10,000 words to be submitted to: Assistant Editor, Dr Meryl Dickinson, Brunel Law School, Brunel University London e-mail: Meryl.Dickinson@Brunel.ac.uk.

Giorgetti: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

Chiara Giorgetti (Univ. of Richmond - Law) has published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Brill | Nijhoff 2015). Contents include:

• Chiara Giorgetti, Introduction
• Chiara Giorgetti, The Challenges and Recusals at the International Court of Justice
• Meg Kinnear & Frauke Nitschke, Disqualification of Arbitrators Under the ICSID Convention and Rules
• Sarah Grimmer, The Determination of Arbitrators Challenges by the Secretary-General of the Permanent Court of Arbitration
• Lee M. Caplan, Arbitrator Challenges at the Iran-United States Claims Tribunal
• Loretta Malintoppi & Andrea Carlevaris, Challenges of Arbitrators, Lessons from the ICC
• Gregory J. Spak & Ron Kendler, Selection and Recusal in the WTO Dispute Settlement System
• Makane Moïse Mbengue, Challenges of Judges in International Criminal Courts and Tribunals
• Romain Zamour, Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and its Impact
• Judith Levine, Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes
• Luke A. Sobota, Repeat Arbitrator Appointments in International Investment Disputes
• Charles N. Brower, Sarah Melikian & Michael P. Daly, Tall and Small Tales of a Challenged Arbitrator
• Andrew B. Loewenstein, The Approach of Counsel to Challenges in International Disputes
• Hansel T. Pham & M. Imad Khan, Challenges to Party Representatives and Counsel Before International Courts and Tribunals
• Lucy Reed, John Choong & Chan Yong Wei, Challenges to Arbitrators in Asia: The Position Before the Singapore and Hong Kong Courts
• Jonathan Hamilton, Francisco X. Jijon & Ernesto E. Corzo, Arbitrators Challenges in Latin America

Call for Papers: ESIL 2016 Research Forum

The European Society of International Law has issued a call for papers for its 2016 Research Forum, which will take place April 21-22, 2016, at the Koç University Law School and the Center for Global Public Law, Istanbul. Here's the call:

European Society of International Law Research Forum

21 - 22 April 2016

Koç University Law School and the Center for Global Public Law, Istanbul

Call for Papers

The 2016 ESIL Research Forum will take place on Thursday 21 and Friday 22 April at Koç University Law School and the Center for Global Public Law in Istanbul.

The Research Forum is a scholarly conference which promotes engagement with research in progress by members of the Society. It has a small and intensive format. The Research Forum targets in particular scholars at an early stage of their careers, especially advanced PhD students and post-doctoral researchers. Approximately 15 - 20 papers will be selected from among the submissions and, during the Research Forum, paper presenters will receive comments on their papers from members of the ESIL Board and invited experts.

The 2016 Research Forum calls for papers addressing the theme of the making of international law, including the following set of issues:

• Interaction between sources of international law
• Customary international law, its formation and nature
• New sources of international law in international law making – formalism and beyond
• International organizations and international law making
• Non-state actors and international law making
• Fragmentation and sources of international law
• The legitimacy of the sources of binding obligation in international law
• The role of comparative law in relation to international law making
• Specific problems relating to international law making in particular subject areas such as human rights law, environmental law, international trade law, etc.

Papers which address any dimensions of the call, including through interdisciplinary research and methods, and through historical, theoretical or empirical approaches, will be given serious consideration. We welcome papers that propose to redefine or re-imagine our understanding of the terms of the call and their meaning in the current context.

Abstracts of not more than 750 words should be submitted by interested applicants to ESILRF2016@ku.edu.tr by 1 November 2015. Please include your name, email address and a one-page curriculum vitae with your abstract.

Successful applicants will be notified by email by 15 December 2015. Complete drafts of papers will be required by 15 March 2016. Papers may in due course be published in an edited collection.

Successful applicants will be expected to bear the costs of their own travel and accommodation. Partial financial support may be available on a needs basis for a limited number of scholars. Scholars selected to present a paper who have exhausted other potential sources of funds can submit a request to the Selection Committee for financial support with an explanation of why they are in need of assistance.

Once selected, applicants will be informed of several hotels that offer preferential rates to Research Forum participants. Lunch on both days will be provided, and a dinner for presenters, commentators and ESIL Board members will be hosted by Koç University Law School on the evening of Thursday 21 April.

Call for Papers: Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance

The Interest Group on International Economic Law of the European Society of International Law and the Italian Branch of the International Law Association, with the special support of the Italian Ministry of Foreign Affairs, have issued a call for papers for a conference on "Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance," to be held on November 20, 2015, in Ravenna. Here's the call:

International Conference

Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance

Friday 20 November 2015

Ravenna, School of Law - Via Oberdan 1

SPONSORHIP: Interest Group on International Economic Law of the European Society of International Law; Italian Branch of the International Law Association; Camera di Commercio Ravenna; Eurosportello Ravenna

With the Special Support of the Italian Ministry of Foreign Affairs

With the collaboration of Fondazione Flaminia - Ravenna (Fondazione per l'Università in Romagna), and the School of Law and Department of Legal Sciences - Alma Mater Studiorum Università di Bologna

SCIENTIFIC COMMITTEE: Peter-Tobias Stoll, Elisa Baroncini, Marina Trunk-Fedorova, Luigi Malatesta, Pietro Manzini, Marion Panizzon, Attila Tanzi, Gabriella Venturini, Alessandra Zanobetti

CONCEPT NOTE

Transparency has firmly acquired a role of key concept and in statu nascendi principle in international relations and for the international community. It is clearly perceived and considered as a positive value, more and more relevant for the appropriate administration of the public good, and the definition, interpretation and application of international law, deeply associated with legitimacy, accountability, participatory democracy and good governance.

The debate on the importance of transparency has been constantly gaining a prominent place in international economic law (IEL), as WTO law, investment law and regional trade agreements are more and more relevant for non-trade values, that are inextricably linked with free trade and investments' protection within the model of sustainable development nowadays universally promoted by States, International Organizations, NGOs, the business community and, more generally, civil society.

However, the need for confidentiality keeps being raised and considered by governmental and intergovernmental actors and, in particular, the business community. Governmental actors argue they try to keep a room for maneuver; business actors have concerns that a full disclosure of information can have negative impact and even completely ruin their business and plead therefore for limiting transparency and keeping confidential certain proceedings.

The Conference on "Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance" aims at presenting the state of the art of the transparency v. confidentiality debate with specific reference to IEL, organizing an ad hoc call for papers to gather scholars conducting research on this topic, and practitioners (from governmental and intergovernmental institutions, the business community, the NGOs' world) having to face every day the ever growing demand for transparency and the still present request for confidentiality.

CALL FOR PAPERS

The Scientific Committee of the International Conference "Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance" organizes a call for papers -the papers should be written in English, unpublished and in an advanced stage of completion.

The call for papers should address one of the following four issues:

I) Transparency v. Confidentiality in IEL International Negotiations

The recently emerged debate on the conduct of the negotiations for the Trans-Pacific Partnership (TTP), the EU/Canada Comprehensive Economic and Trade Agreement (CETA), and the EU/US Transatlantic Trade and Investment Partnership (TTIP) has importantly raised the issue of information, access to negotiations' documents and participation of civil society in the diplomatic activities concerning such important IEL negotiations. Another recent example is the negotiation process on Trade in Services Agreement (TiSA) initiated by a number of WTO members, who now receive critics for lack of transparency not only from their nationals but also from other WTO members. It is thus necessary to explore the issue from the point of view of the major international actors, the business community, NGOs, and, more generally, civil society.

II) Transparency v. Confidentiality in the Activities of IEL International Organizations

There are various, highly relevant, intergovernmental international organizations specifically dealing with IEL issues. The important and delicate topics of their daily activities raises the issue of the level of transparency that should characterize their work. Scholars, practitioners, and, more

generally, civil society are thus invited to present papers' proposals on the level of transparency and confidentiality which actually is or should be applied by International Organizations working in the field of international economic relations, such as the WTO, the IMF, the World Bank, the international bodies managing investment proceedings, like ICSID and UNCITRAL

III) Transparency v. Confidentiality in IEL Arbitration and Judicial Proceedings

It happens more and more often that IEL international adjudication proceedings -be they devoted to free trade, or investment protection- deal with the relation between free trade and investment protection, on the one hand, and non-trade or non-commercial values, as environmental protection, labour standards, the State's right to regulate, more generally the respect of human rights, on the other hand. Such a situation has provoked the greatest interest of civil society to participate in those international proceedings as amicus curiae, through their presence during the hearings of the judicial/arbitral mechanisms and their access to the disputants' submissions. It is therefore suggested that scholars and practitioners present proposals for papers on the Transparency v. Confidentiality debate in IEL Arbitration and Judicial Proceedings, in the WTO system, in investment proceedings, in dispute settlement mechanisms provided for in RTAs.

IV) Transparency v. Confidentiality in Parliamentary Discussions concerning IEL Negotiations on Treaty Law and Soft Law

The high relevance that IEL treaty and soft law instruments have for the domestic policies of the major international actors has provoked an intense debate within the parliamentary assemblies on the necessity to participate in the definition of the IEL International Documents not simply when ratifying or approving IEL agreements but also during the negotiation phase. It is thus necessary to focus research on the approach, for instance, of the European Parliament, the US Congress, the Canadian Parliament, etc. on the need and level of participation and access to internal documents concerning negotiations of IEL treaties and IEL soft law tools. It is also interesting to compare which possibilities national parliaments have to influence negotiations process.

The Scientific Committee intends to publish a volume collecting the selected papers and comments of the discussants, and will thus submit the manuscript to a leading international publisher which has already expressed interest to our editorial initiatives.

Paper Submission Procedure

Senior and junior scholars (including PhD students) are invited to participate to the call for papers of the International Conference "Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance" . Papers will be selected on the basis of the submitted abstracts. Only one abstract per author will be considered.

Abstracts must not exceed 800 words, and have to be submitted to the following mail addresses:

elisa.baroncini@unibo.it; mfedorova@law.uni-kiel.de; pstoll@gwdg.de.

In addition to the abstract, each submission should contain a separate file containing information on:

• The section of the call for papers for which the abstract is submitted
• The author’s name and affiliation
• A short (one page) author’s CV, including a list of relevant publications
• The author’s contact details, including email address and phone number

Timeline

• The deadline for the submission of abstracts is 30 September 2015
• Successful applicants will be informed by 8 October 2015
• The deadline for the submission of the papers of accepted abstracts for the International Conference is 10 November 2015
• The deadline for the submission of final papers for publication is 2 January 2016.

New Issue: Les Cahiers de l'Arbitrage

The latest issue of Les Cahiers de l'Arbitrage (2015, no. 2) is out. Contents include:

• Doctrine – Débats - Spécial colloque Après les arrêts INSERM
• Jean-Baptiste Racine, Introduction
• Frédéric Lombard, Arbitrage et droit administratif, une incompatibilité de principe ?
• Malik Laazouzi, Le contentieux étatique et arbitral des contrats administratifs internationaux : quelles interactions ?
• Mathias Audit, L’arbitrabilité des litiges impliquant une personne publique française dans le nouveau contexte des affaires INSERM et Ryanair (SMAC)
• Olivier Le Bot, La procédure devant le juge administratif en matière d’arbitrage  : quel contrôle ? quelle procédure ?
• Laurent Jaeger, Les conséquences de la jurisprudence INSERM/SMAC sur la pratique de l’arbitrage
• Jean Paul Correa Delcasso, Arbitrage et droit administratif en Espagne et en Amérique latine
• William Peterson, Arbitrage et droit administratif : l’expérience des États-Unis
• Denis Mouralis, Rapport de synthèse

Conference: International Law and Litigation

On October 16, 2015, the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law will host a conference on "International Law and Litigation." Registration is required before September 15, 2015. The program is here.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 31, no. 3, September 2015) is out. Contents include:

• Rusty Park, Michael Mustill: a reminiscence
• L. Yves Fortier, Arbitrators, corruption, and the poetic experience: ‘When power corrupts, poetry cleanses’
• Albert Jan van den Berg, Charles Brower’s problem with 100 per cent—dissenting opinions by party-appointed arbitrators in investment arbitration
• Sam Luttrell, ICSID provisional measures ‘in the round’
• Lucy Greenwood & C. Mark Baker, Is the balance getting better? An update on the issue of gender diversity in international arbitration
• Ridhi Kabra, Has Abaclat v Argentina left the ICSID with a ‘mass’ive problem?
• Jingzhou Tao & Mariana Zhong, A quick read of the CIETAC arbitration rules 2015
• Mark R. Joelson, Arbitration in the United States under the Financial Industry Regulatory Authority
• Ioannis Avgoustis, A short note on the Piraeus Maritime Arbitration Rules
• Manuel Gómez Carrión, Joinder of third parties: new institutional developments
• Rizwan Hussain, Taisei Corporation v A.M. Construction Co. (Pvt.) Ltd.—Decision of the Lahore High Court in light of the New York Convention

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 29, no. 3, Fall 2015) is out. Contents include:

• Essay
• Richard J. Goldstone, International Judges: Is There a Global Ethic?
• Book Symposium: Justice and Foreign Policy
• Anna Stilz, Against Democratic Interventionism
• Pablo Gilabert, Global Moral Egalitarianism and Global Distributive Egalitarianism
• Simon Caney, Coercion, Justification, and Inequality: Defending Global Egalitarianism
• Richard W. Miller, Michael Blake's Border Controls
• Michael Blake, Justice and Foreign Policy: A Reply to My Critics
• Feature
• Holly Lawford-Smith, Unethical Consumption and Obligations to Signal
• Review Essay
• David Runciman, Rescuing Democracy in the Age of the Internet

New Volume: Polish Yearbook of International Law

The latest volume of the Polish Yearbook of International Law (Vol. 34, 2014) is out. Contents include:

• In Memoriam
• Jan Kolasa, Karol Wolfke (1915-2015)
• Jerzy Kranz, Sapere auso (To One Who Dared to Be Wise): On the Fifth Anniversary of the Death of Krzysztof Skubiszewski
• Legal Perspectives on the Ukrainian-Russian Conflict
• Patrycja Grzebyk, Classification of the Conflict between Ukraine and Russia in International Law(Ius ad Bellum and Ius in Bello)
• Natalia Cwicinskaja, The Legality and Certain Legal Consequences of the “Accession” of Crimea to the Russian Federation
• Thomas D. Grant, The Budapest Memorandum of 5 December 1994: Political Engagement or Legal Obligation?
• René Värk, The Advisory Opinion on Kosovo’s Declaration of Independence: Hopes, Disappointments and Its Relevance to Crimea
• General Articles
• Koen Lenaerts, EU Values and Constitutional Pluralism: The EU System of Fundamental Rights Protection
• Aleksandra Gliszczyńska-Grabias, Memory Laws or Memory Loss? Europe in Search of Its Historical Identity through the National and International Law
• Hanna Kuczyńska, Selection of Defendants before the ICC: Between the Principle of Opportunism and Legalism
• Magdalena Słok-Wódkowska, National Treatment Rules in EU Regional Trade Agreements
• Magdalena Silska, Protection of Internally Displaced Persons: An International Legal Obligation?
• Polish Practice of International Law
• The Opinion by the Legal Advisory Committee to the Minister of Foreign Affairs of the Republic of Poland on the Annexation of the Crimean Peninsula to the Russian Federation in Light of International Law
• Szymon Zaręba, Treaty Interpretation by the Polish Administrative Courts: A Case Study of the Interpretation of the 1972 Prague Convention
• Book Reviews
• Cezary Mik, Lukasz Gruszczynski, Wouter Werner (eds.), Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation, Oxford University Press, 2014
• Bartłomiej Krzan, Vesselin Popovski, Trudy Fraser (eds.), The Security Council as Global Legislator, Routledge, 2014
• Bartłomiej Krzan, Robert Kolb, The International Court of Justice, Hart Publishing, 2014
• Andrzej Jakubowski, Lilian Richieri Hanania (ed.), Cultural Diversity in International Law, Routledge, 2014
• Michał Balcerzak, Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, 2014
• Polish Bibliography of International and European Law 2014

ILR Interlude

Blogging will be light for the remainder of the week, as I will be in Oslo for ESIL 2015.

Inaugural Issue: Chinese Journal of Global Governance

The inaugural issue of the Chinese Journal of Global Governance (Vol. 1, no. 1, 2015) is out. Contents include:

• Anne Peters, The Transparency Turn of International Law
• Dirk Messner, Shaping Global Sustainability in the Umbrella of “Comprehensive Globalisation”—Germany’s Role
• Volker Roeben, The Equitable Distribution of Marine Resources by Agreement of States—The Case of the South China Sea
• Ming Du, Taking Stock: What Do We Know, and Do not Know, about the National Treatment Obligation in the GATT/WTO Legal System?
• Huang Jin, Establishment and Development of the Post-war New International Civil and Commercial Order

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 84, no. 3, 2015) is out. Contents include:

• Special Issue: The Cross-fertilisation Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals
• Triestino Mariniello & Paolo Lobba, The Cross-fertilisation Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals
• Sergey Vasiliev, International Criminal Tribunals in the Shadow of Strasbourg and Politics of Cross-fertilisation
• Julia Geneuss, Obstacles to Cross-fertilisation: The International Criminal Tribunals’ ‘Unique Context’ and the Flexibility of the European Court of Human Rights’ Case Law
• Ulf Linderfalk, Cross-fertilisation in International Law
• Elena Maculan, Judicial Definition of Torture as a Paradigm of Cross-fertilisation: Combining Harmonisation and Expansion
• Michelle Farrell, Just How Ill-treated Were You? An Investigation of Cross-fertilisation in the Interpretative Approaches to Torture at the European Court of Human Rights and in International Criminal Law
• Harmen van der Wilt, Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 16, no. 4, 2015) is out. Contents include:

• Special Issue: Jus Post Bellum and Foreign Investment
• Carsten Stahn; Jens Iverson & Jennifer Easterday, Introduction
• Eric De Brabandere, Jus Post Bellum and Foreign Direct Investment: Mapping the Debate
• Jure Zrilič, International Investment Law in the Context of Jus Post Bellum: Are Investment Treaties Likely to Facilitate or Hinder the Transition to Peace?
• Merryl Lawry-White, International Investment Arbitration in a Jus Post Bellum Framework
• James Gallen, Odious Debt and Jus Post Bellum
• Konstanze von Papp, Biting the Bullet or Redefining ‘Consent’ in Investor-State Arbitration? Pre-Arbitration Requirements After BG Group v Argentina
• Anna Joubin-Bret, Spotlight on Third-Party Funding in Investor-State Arbitration
• Jonathan Ketcheson, The Law 42 Arbitrations: Ecuador’s Efforts to Capture ‘Extraordinary Profits’ of Oil Companies

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 26, no. 2, May 2015) is out. Contents include:

• Editorial
  • JHHW, The Spitzenkandidaten Exercise One Year Later – The Unsung Hero; The Ballad of Google Spain; On My Way Out – Advice to Young Scholars I: Presenting a Paper in an International (and National) Conference; In this Issue
• Articles
• Bernard M. Hoekman & Petros C. Mavroidis, WTO ‘à la carte’ or ‘menu du jour’? Assessing the Case for More Plurilateral Agreements
• Kirsty Gover, Settler–State Political Theory, ‘CANZUS’ and the UN Declaration on the Rights of Indigenous Peoples
• Ilias Bantekas, Land Rights in Nineteenth-Century Ottoman State Succession Treaties
• Oren Perez, The Hybrid Legal-Scientific Dynamic of Transnational Scientific Institutions
• Stefan Talmon, Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion
• New Voices: A Selection from the Third Annual Junior Faculty Forum for International Law
• Guy Fiti Sinclair, State Formation, Liberal Reform and the Growth of International Organizations
• Ilias Plakokefalos, Causation in the Law of State Responsibility and the Problem of Overdetermination: In Search of Clarity
• Daniel Joyce, Internet Freedom and Human Rights
• Roaming Charges: Doctoral Dissertation by Hans Kelsen – A Transgenerational Conversation
• Critical Review of International Governance
• Sungjoon Cho & Thomas H. Lee, Double Remedies in Double Courts
• Review Essay
• Mónica García-Salmones Rovira Faith, Ritual and Rebellion in 21st Century (Positivist) International Law

Tuttle: Human Rights Council Resolutions 26/9 and 26/22: Towards Corporate Accountability?

Nicole R. Tuttle has posted an ASIL Insight on Human Rights Council Resolutions 26/9 and 26/22: Towards Corporate Accountability?

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 98, no. 3, 2015) is out. Contents include:

• Articoli
• C. Favilli, Reciproca fiducia, mutuo riconoscimento e libertà di circolazione di rifugiati e richiedenti protezione internazionale nell’Unione Europea
• P. Franzina, La Convenzione dell’Aja sulla protezione internazionale degli adulti nella prospettiva della ratifica italiana
• Note e Commenti
• A. Leandro, Le Anti-Suit Injunctions a supporto dell’arbitrato: da West Tankers a Gazprom
• E. Carpanelli, On the Inviolability of Diplomatic Archives and Documents: the 1961 Vienna Convention on Diplomatic Relations to the Test of WikiLeaks
• G. Pascale, Sulla posizione dell’individuo nel diritto internazionale: il caso Campbell e le vicende successive nell’Africa australe
• Panorama
• N. Ronzitti, Foreign terrorist fighters e legge antiterrorismo
• E. Sciso, Brevi considerazioni sui primi seguiti della sentenza della Corte costituzionale 238/2014
• S. Forlati, Il potere della Corte internazionale di giustizia di modificare misure cautelari precedentemente adottate: quali limiti all’esercizio della funzione giudiziaria internazionale?
• S. Vezzani, Immunità dello Stato estero dalla giurisdizione e diritto di accesso al giudice alla luce della Carta dei diritti fondamentali: riflessioni in margine al caso Benkharbouche e Janah
• L. Gasbarri, Responsabilità di un’organizzazione internazionale in materie di competenza esclusiva: imputazione e obbligo di risultato secondo il Tribunale internazionale del diritto del mare

New Issue: Diritti umani e diritto internazionale

The latest issue of Diritti umani e diritto internazionale (Vol. 9, no. 2, 2015) is out. Contents include:

• Studi
• Francesco Bestagno, I rapporti tra la Carta e le fonti secondarie di diritto dell’UE nella giurisprudenza della Corte di giustizia
• Cristina Campiglio, L’applicazione della Carta dei diritti fondamentali dell’Unione europea in materia familiare
• Pietro Manzini, Ammende antitrust e diritti fondamentali
• Il caso Yukos: diritto internazionale degli investimenti, diritti umani e sovranità dello Stato
• Saverio Di Benedetto, Il caso Yukos: un quadro d’insieme
• Maria Chiara Malaguti, The Taking of Property by the State: ‘Expropriation by Litigation’ under International Investment Law Versus Protection of Property under the ECHR in the Yukos Saga
• Andrea K. Bjorklund, Lukas Vanhonnaeker, Yukos: The Clean Hands Doctrine Revisited
• Saverio Di Benedetto, The Double Relevance of the ‘Corporate Veil’ in the Yukos PCA Case and the Doctrine of the Abuse of Rights
• Interventi
• Laura Salvadego, L’obbligo di cooperazione per la protezione dei testimoni nella giustizia penale internazionale e il ‘giusto processo costituzionale’
• Osservatorio
• Andrea Caligiuri, Il contributo della giurisprudenza della Corte interamericana dei diritti umani in tema di tutela dei diritti territoriali dei popoli indigeni
• Adele Del Guercio, Il riconoscimento giuridico dell’identità di genere delle persone transgender, tra sterilizzazione imposta e diritto all’autodeterminazione. Il caso Y.Y. c. Turchia e le cautele della Corte europea
• Marianna Pace, ‘Mercificazione’ dell’istruzione e salvaguardia del diritto all’educazione nei recenti Rapporti del Relatore speciale sul diritto all’istruzione
• Marco Longobardo, Sull’imparzialità dei membri delle Commissioni di inchiesta istituite dal Consiglio dei diritti umani
• Francesca Benvenuto, Sulla centralità del procedimento di riparazione in favore delle vittime nel sistema della Corte penale internazionale: la sentenza della Camera d’Appello del 3 marzo 2015
• Maria Eugenia Bartoloni, La libera circolazione dei cittadini europei economicamente inattivi tra principio di non discriminazione e tutela dei sistemi nazionali di welfare

deGuzman: What is the Gravity Threshold for an ICC Investigation?

Margaret M. deGuzman (Temple Univ. - Law) has posted an ASIL Insight on What is the Gravity Threshold for an ICC Investigation? Lessons from the Pre-Trial Chamber Decision in the Comoros Situation.

Conference: 2015 ASIL Research Forum

On October 23-24, 2015, the American Society of International Law will hold its 2015 Research Forum. The program is here.

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 15, no. 3, September 2015) is out. Contents include:

• Special Issue: The Securitization of Water Discourse
• Itay Fischhendler, The securitization of water discourse: theoretical foundations, research gaps and objectives of the special issue
• Andrea K. Gerlak & Farhad Mukhtarov, ‘Ways of knowing’ water: integrated water resources management and water security as complementary discourses
• Julia Urquijo, Lucia De Stefano, & Abel La Calle, Drought and exceptional laws in Spain: the official water discourse
• Erika Weinthal, Neda Zawahri, & Jeannie Sowers, Securitizing Water, Climate, and Migration in Israel, Jordan, and Syria
• Dimitrios Zikos , Alevgul H. Sorman, & Marisa Lau, Beyond water security: asecuritisation and identity in Cyprus
• Karin Aggestam, Desecuritisation of water and the technocratic turn in peacebuilding

New Issue: International Studies Review

The latest issue of International Studies Review (Vol. 17, no. 3, September 2015) is out. Contents include:

• Adam Bower, Norms Without the Great Powers: International Law, Nested Social Structures, and the Ban on Antipersonnel Mines
• Philippe Bourbeau, Resilience and International Politics: Premises, Debates, Agenda
• Richard Jackson, Terrorism, Taboo, and Discursive Resistance: The Agonistic Potential of the Terrorism Novel
• Marcus Holmes & David Traven, Acting Rationally Without Really Thinking: The Logic of Rational Intuitionism for International Relations Theory
• Mark Pearcey, Sovereignty, Identity, and Indigenous-State Relations at the Beginning of the Twentieth Century: A Case of Exclusion by Inclusion

Sinclair: The International Civil Servant in Theory and Practice: Law, Morality, and Expertise

Guy Fiti Sinclair (Victoria Univ. of Wellington - Law) has posted The International Civil Servant in Theory and Practice: Law, Morality, and Expertise. Here's the abstract:

What is the place of international civil servants in international law? How much do they contribute to making the legal norms and institutions that govern states? To what extent does law sustain and constrain their authority? These important and difficult questions are raised, directly and indirectly, by several recent works that examine the life and legacy of Dag Hammarskjöld, the second and arguably most influential Secretary-General of the United Nations. While serving in that capacity during the crucial years of 1953-1961, at the height of the Cold War and decolonization and perhaps the most formative period of UN history, Hammarskjöld was intimately involved in the formulation of several legal innovations that have since become staples of UN activity, including preventive diplomacy and peacekeeping. Yet he has also been accused, both during his lifetime and more recently, of expanding the authority of his own office to the detriment of democratic government. Reflecting on these works, this review essay argues that the authority of international civil servants should be understood and analysed as operating through three distinct yet interconnected modalities of discourse and practice: legal, moral, and expert. By giving due attention to all three modalities, a more accurate picture may be formed of the conditions under which international civil servants are able to govern, and their relationship to international law. Moreover, a comprehensive account of the authority exercised by international civil servants must take account of how they respond to any tensions that may arise between their bases of authority, as well as their shifting relations with other ‘global governors.’

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 59, no. 7, October 2015) is out. Contents include:

• Yuri M. Zhukov, Population Resettlement in War: Theory and Evidence from Soviet Archives
• Sarah Brockhoff, Tim Krieger, & Daniel Meierrieks, Great Expectations and Hard Times: The (Nontrivial) Impact of Education on Domestic Terrorism
• Jeffrey A. Friedman, Using Power Laws to Estimate Conflict Size
• Barbara F. Walter, Why Bad Governance Leads to Repeat Civil War
• Hans-Theo Normann & Holger A. Rau, Simultaneous and Sequential Contributions to Step-level Public Goods: One versus Two Provision Levels
• Dan Reiter, The Positivist Study of Gender and International Relations
• Manuel Vogt, Nils-Christian Bormann, Seraina Rüegger, Lars-Erik Cederman, Philipp Hunziker, & Luc Girardin, Integrating Data on Ethnicity, Geography, and Conflict: The Ethnic Power Relations Data Set Family

Conference: 11th Annual Conference of the European Society of International Law (Reminder)

The European Society of International Law's 11th Annual Conference will take place September 10-12, 2015, in Oslo, and will be hosted by the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at the University of Oslo. The theme is: "The Judicialization of International Law – A Mixed Blessing?" The program is here. Selected sessions of the conference will be streamed here. The Society's interest groups will hold a number of events and business meetings immediately prior to and during the conference, and these are detailed here.