New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 79, no. 3, 2019) is out. Contents include:

• Comment
• A. Skordas, The Rise of the Neo-Hobbesian Age: Thirty Years Since the Fall of the Berlin Wall
• A. Voßkuhle, Rechtspluralismus als Herausforderung. Zur Bedeutung des Völkerrechts und der Rechtsvergleichung in der Rechtsprechung des Bundesverfassungsgerichts
• Abhandlungen
• A. von Bogdandy, Tyrannei der Werte? Herausforderungen und Grundlagen einer europäischen Dogmatik systemischer Defizite
• J. von Bernstorff & J. Schuler: Wer spricht für die Kolonisierten? Eine völkerrechtliche Analyse der Passivlegitimation in Restitutionsverhandlungen
• C. Tomuschat, Enforcement of International Law. From the Authority of Hard Law to the Impact of Flexible Methods
• Intervention by Invitation: Impulses from the Max Planck Trialogues on the Law of Peace and War
• Anne Peters, Intervention by Invitation: Impulses from the Max Planck Trialogues on the Law of Peace and War
• Florian Kriener, Invitation – Excluding ab initio a Breach of Art. 2 (4) UNCh or a Preclusion of Wrongfulness?
• Agata Kleczkowska, The Misconception About the Term “Intervention by Invitation”
• Laura Visser, What’s in a Name? The Terminology of Intervention by Invitation
• Michael Wood, Assessing Practice on the Use of Force
• Antonello Tancredi, A “Principle-Based” Approach to Intervention by Invitation in Civil Wars
• Letizia Lo Giacco, “Intervention by Invitation” and the Construction of the Authority of the Effective Control Test in Legal Argumentation
• Eliav Lieblich, The International Wrongfulness of Unlawful Consensual Interventions
• Alexander Wentker, Purpose-Based Regulation of Consent to Non-Forcible Operations
• Olivier Corten, Is an Intervention at the Request of a Government Always Allowed? From a “Purpose-Based Approach” to the Respect of Self-Determination
• Veronika Bílková, Reflections on the Purpose-Based Approach
• Achilles Skordas, Intervention by Invitation and Its Function: Governance in a Plural Society
• Dino Kritsiotis, On the Matter of Multiple Legal Justifications for Military Action
• Irène Couzigou, Respect for State Sovereignty: Primacy of Intervention by Invitation over the Right to Self-Defence
• Inger Österdahl, The Gentle Legitimiser of the Action of Others
• Matthias Hartwig, Who Is the Host? – Invasion by Invitation
• Larissa van den Herik, Replicating Article 51
• Stellungnahmen und Berichte
• M. Lenk, Das Nothafenrecht im Lichte der deutschen Notstandsdogmatik – ein Beitrag zu Salvinis ungeliebten Schiffen auf dem Mittelmeer
• Beschluss des Tribunale di Agrigento vom 2. Juli 2019: Aus den Entscheidungsgründen
• R. Grote, Staatsrechtslehre in sozialer Verantwortung – Zum Tode des Staatsrechtlers und früheren Verfassungsrichters Ernst-Wolfgang Böckenförde (1930-2019). Eine Würdigung

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 23, no. 10, 2019) is out. Contents include:

• Lana Tatour, The culturalisation of indigeneity: the Palestinian-Bedouin of the Naqab and indigenous rights
• Chuks Okpaluba & Anthony O. Nwafor, Habeas corpus as a remedy for deprivation of the right to personal liberty: contemporary developments in Canada and South Africa
• Jeanice L. Koorndijk, Judgements of the Inter-American Court of Human Rights concerning indigenous and tribal land rights in Suriname: new approaches to stimulating full compliance
• Marco Bocchese, Gbagbo’s lost bet: when inviting external judicial scrutiny backfires
• Siwach Sripokangkul, Subversion of transitional justice in Thailand: transitional injustice in the case of the ‘Red Shirts’
• Cillian Blake, The consequentialist reasoning of the security State and the contemporary interpretation of Article 2 by the European Court of Human Rights: eroding the lethal force principles in policing operations
• Ulf Mörkenstam, Organised hypocrisy? The implementation of the international indigenous rights regime in Sweden

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 60, no. 2, Summer 2019) is out. Contents include:

• Nawaf Salam, Reflections on International Law in Changing Times
• Tamar Megiddo, Methodological Individualism
• Dirk A. Zetzsche, Ross P. Buckley, Douglas W. Arner, & Linus Föhr, The ICO Gold Rush: It's a Scam, It's a Bubble, It's a Super Challenge for Regulators
• Jorge Contesse, Settling Human Rights Violations
• Ying Zhu, Do Clarified Indirect Expropriation Clauses in International Investment Treaties Preserve Environmental Regulatory Space?

Lecture: Johns on "On Data: Givens of Global Law"

On November 20, 2019, Fleur Johns (Univ. of New South Wales - Law) will deliver the 2019-2020 Annual Lecture of the Centre for Law and Society in a Global Context at Queen Mary University of London. The topic is: "On Data: Givens of Global Law." Here's the idea:

This talk dwells on a medium in which people, places and things are being connected, divided, aggregated and distributed juridically on the global plane: digital data. It will explore how, to whom, under what conditions and in what formats digital data are being given in certain practices of contemporary international law: specifically, in aspects of international development and humanitarian work in which the adoption of digital data and data science techniques is being encouraged. More precisely, it will consider some ramifications of the growing digitization of two key knowledge formats for international law: facts and populations. It will ask what givens may be constituted or reconstituted – or what may be established, or re-established, about international law, legal actors, institutions and operations – in the process of this shift in knowledge practice. And it will touch, finally, on what might be at stake in these changing practices with regard to the CLGSC’s three, current thematic concerns: time and place; power and capital; aesthetics and materiality.

Asada: Economic Sanctions in International Law and Practice

Masahiko Asada (Kyoto Univ. – Law) has published Economic Sanctions in International Law and Practice (Routledge 2019). Contents include:

• Masahiko Asada, Definition and legal justification of sanctions
• Philippe Achilleas, United Nations and sanctions
• Pierre-Emmanuel Dupont, Human rights implications of sanctions
• Mirko Sossai, Legality of extraterritorial sanctions
• Jean-Marc Thouvenin, History of implementation of sanctions
• Richard Nephew, Implementation of sanctions: United States
• Francesco Giumelli, Implementation of sanctions: European Union
• Machiko Kanetake, Implementation of sanctions: Japan
• Andrea Berger, North Korea: Design, implementation, and evasion
• Kazuto Suzuki, Iran: The role and effectiveness of UN sanctions
• Tatsuya Abe, Syria: The chemical weapons question and autonomous sanctions
• Mika Hayashi, Russia: The Crimea question and autonomous sanctions

New Issue: Cooperation and Conflict

The latest issue of Cooperation and Conflict (Vol. 54, no. 4, December 2019) is out. Contents include:

• Niklas Nilsson, Role conceptions, crises, and Georgia’s foreign policy
• Hannes Hansen-Magnusson, Arctic geopoetics: Russian politics at the North Pole
• Steffen Eckhard, Comparing how peace operations enable or restrict the influence of national staff: Contestation from within?
• Natalia Chaban, Ole Elgström, & Michèle Knodt, Perceptions of EU mediation and mediation effectiveness: Comparing perspectives from Ukraine and the EU
• Hylke Dijkstra, Petar Petrov, & Ewa Mahr, Learning to deploy civilian capabilities: How the United Nations, Organization for Security and Co-operation in Europe and European Union have changed their crisis management institutions
• Lior Lehrs, The peacenik and the spook as the diplomatic avant-garde
• Pål Røren, Status seeking in the friendly Nordic neighborhood

Lecture: Orford on "International Law and the Social Question"

Anne Orford (Univ. of Melbourne - Law) will deliver the Fifth Asser Annual Lecture on November 28, 2019, at the Peace Palace in The Hague. Orford’s topic is: "International Law and the Social Question." Here's the idea:

While international law has played a central role in creating the conditions for market liberalisation on a global scale, many international lawyers have paid less attention to the social question, leaving human welfare, social unrest, labour relations, or migration to be addressed by economists, criminologists, sociologists, or demographers.

According to Prof. Orford, the current situation of people who are dispossessed or impoverished by economic liberalisation, and the exhaustion of the world’s resources have become inescapable barriers to the continuation of ‘global business as usual’.

In her lecture, Prof. Orford puts the social question back on the international law table. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control?

New Issue: Swiss Review of International and European Law

The latest issue of the Swiss Review of International and European Law (Vol. 29, no. 3, 2019) is out. Contents include:

• Nicolas Bueno, Diligence en matière de droits de l’homme et responsabilité de l’entreprise: Le point en droit suisse
• Hannes Hofmeister, From ESM to EMF and Back: A Critical Analysis of the Euro Area Reform Proposals

Flaherty: Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Martin S. Flaherty (Fordham Univ. - Law) has published Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs (Princeton Univ. Press 2019). Here's the abstract:

In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.

Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront.

At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Boisson de Chazournes: The International Law Commission in a Mirror - Forms, Impact and Authority

Laurence Boisson de Chazournes (Univ. of Geneva - Law) has posted The International Law Commission in a Mirror - Forms, Impact and Authority. Here's the abstract:

In its 70 years of existence, the International Law Commission has accomplished sterling work in many respects. Much of its output is considered to be the cornerstone of the contemporary international legal order.

However, this positive note should not distract attention from the challenges facing the Commission. Among these, the end of the “golden era” of codification, and the phenomenon of treaty fatigue call into question the relatively comfortable position of the International Law Commission. Questions arise: Is the progressive reduction in the number of conventions adopted as a result of the Commission’s work a sign of its decline? Is the increasing diversity of instruments used by the Commission a problem in terms of impact?

To answer these questions, this contribution first deals with the diversity of forms of the final products and the questions this diversity raises in terms of legal effects (II.) Once this framework for analyzing the Commission’s work has been established, its impacts are examined (III.). The contribution then focuses on the users of the Commission’s work (IV.), and also shed light on its authority (V.).

New Issue: International Organization

The latest issue of International Organization (Vol. 73, no. 4, Fall 2019) is out. Contents include:

• Articles
• Didac Queralt, War, International Finance, and Fiscal Capacity in the Long Run
• In Song Kim, John Londregan & Marc Ratkovic, The Effects of Political Institutions on the Extensive and Intensive Margins of Trade
• Scott F Abramson & Carles Boix, Endogenous Parliaments: The Domestic and International Roots of Long-Term Economic Growth and Executive Constraints in Europe
• Research Notes
• Rachel L. Wellhausen, International Investment Law and Foreign Direct Reinvestment
• Alexander Thompson, Tomer Broude, & Yoram Z. Haftel, Once Bitten, Twice Shy? Investment Disputes, State Sovereignty, and Change in Treaty Design
• Hyeonho Hahm, Thomas König, Moritz Osnabrügge, & Elena Frech, Who Settles Disputes? Treaty Design and Trade Attitudes Toward the Transatlantic Trade and Investment Partnership (TTIP)

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 8, no. 3, November 2019) is out. Contents include:

• Editorial
• Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Transnational Environmental Law and ‘Other’ Environmental Laws
• Symposium: Global Environmental Law
• Elisa Morgera, Advancing the Research Agenda on Global Environmental Law
• Kati Kulovesi, Michael Mehling, & Elisa Morgera, Global Environmental Law: Context and Theory, Challenge and Promise
• Antonio Cardesa-Salzmann & Endrius Cocciolo, Global Governance, Sustainability and the Earth System: Critical Reflections on the Role of Global Law
• Natasha Affolder, Transnational Environmental Law's Missing People
• Louisa Parks & Elisa Morgera, Research Note: Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law
• Intellectual Property from a Global Environmental Law Perspective: Lessons from Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge Claudio Chiarolla
• Claire Lajaunie, Burkhard Schafer, & Pierre Mazzega, Big Data Enters Environmental Law
• Article
• Erika Techera, Legal Approaches to Shark Conservation and Management across the Indo-Pacific Small Island States

Call for Papers: The Question of Solidarity in Peace and Security

The Interest Group on Peace and Security of the European Society of International Law has launched a call for papers for a side event to the 2020 ESIL Research Forum, which will be held at the University of Catania, on April 23-24, 2020. The IGPS side event's theme is: "The Question of Solidarity in Peace and Security." The call is here.

Call for Submissions: Polish Yearbook of International Law

The Polish Yearbook of International Law has issued a call for submissions for its next volume. Here's the call:

Call for papers

Polish Yearbook of International Law, vol. XXXIX: 2019

Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXIX), which will be published in June 2020. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal requirement for acceptance, we are specifically interested in articles that address issues in international and European law relating to broadly understood Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.

Submissions should be between 8.000 and 10,000 words (including footnotes) but in exceptional cases we may also accept longer works. We assess manuscripts on a rolling basis and will consider requests for expedited review in case of a pending acceptance for publication from another journal.

All details about submission procedure and required formatting are available at the PYIL’s webpage. Manuscript should be submitted via the PYIL’s submission system until 31 January 2020. You can also contact us by email (pyil@inp.pan.pl).

Job Opening: National Univ. of Singapore-Centre for International Law (Research Associate)

The Centre for International Law at the National University of Singapore is accepting applications for a Research Associate to join its Climate Change Law and Policy Programme. The advertisement is here.

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 62, 2019) is out. Contents include:

• Jurisdictional Reasonableness
• Introduced by Cedric Ryngaert and Michail Vagias
• William S. Dodge, Jurisdictional reasonableness under customary international law: The approach of the Restatement (Fourth) of US Foreign Relations Law
• Natalie L. Dobson, Reflections on ‘Reasonableness’ in the Restatement (Fourth) of US Foreign Relations Law
• Mistale Taylor, Reasonableness in its reasoning: How the European Union can mitigate problematic extraterritoriality on a de-territorialised internet

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 20, no. 5, 2019) is out. Contents include:

• Special Issue: The Rise of Preferential Agreements in Global Economic Governance
• Caroline Henckels & Markus Wagner, The Rise of Preferential Agreements in Global Economic Governance: An Introduction
• Meredith Kolsky Lewis, The Origins of Plurilateralism in International Trade Law
• Fiona Smith, Brexit as Trade Governance
• Federico Ortino & Emily Lydgate, Addressing Domestic Regulation Affecting Trade in Services in CETA, CPTPP, and USMCA: Revolution or Timid Steps?
• James Harrison, The Labour Rights Agenda in Free Trade Agreements
• Franziska Sucker, Towards Developmental Integration, Safeguards and Beyond: The Main Features of South Africa’s Preferential Trade Agreements
• Mark Davison &Patrick Emerton, The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements

Genser: The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice

Jared Genser (Perseus Strategies) has published The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice (Cambridge Univ. Pres 2019). Here's the abstract:

The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 58, no. 5, October 2019) is out. Contents include:

• Russia – Measures Concerning Traffic in Transit (WTO), with introductory note by Stephanie Hartmann
• Agreement Establishing The African Continental Free Trade Area, with introductory note by James Thuo Gathii
• Final Agreement for the Settlement of the Differences as Described in the United Nations Security Council Resolutions 817 (1993) and 845 (1993), the Termination of the Interim Accord of 1995, and the Establishment of a Strategic Partnership between the Parties, with introductory note by Anna Ventouratou
• Slowakische Republik (Slovak Republic) v. Achmea BV (C.J.E.U.), with introductory note by Jawad Ahmad
• Vedanta Resources PLC and Another (Appellants) v. Lungowe and Others (U.K. Sup. Ct.), with introductory note by Julianne Hughes-Jennett

Call for Papers: Emerging Technologies Towards Sustainable Development

A call for papers has been issued for a conference on "Emerging Technologies Towards Sustainable Development." The call is here. The deadline is November 1, 2019. Update: I'm told that the conference organizers might consider late submissions, but the applicants are requested to submit their applications at the earliest convenience.

Scheinin: Human Rights Norms in ‘Other' International Courts

Martin Scheinin (European Univ. Institute) has published Human Rights Norms in ‘Other' International Courts (Cambridge Univ. Press 2019). Contents include:

• Martin Scheinin, How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
• Gentian Zyberi, The Interpretation and Development of International Human Rights Law by the International Court of Justice
• Başak Çalı, Zeynep Elibol, & Lorna McGregor, The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
• Alexandre Skander Galand, The Systemic Effect of International Human Rights Law on International Criminal Law
• Marina Aksenova, The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
• Juan-Pablo Pérez-León-Acevedo, Human Rights at the Reparations System of the International Criminal Court
• Holger Hestermeyer, International Human Rights Law and Dispute Settlement in the World Trade Organization
• Freya Baetens, Invoking Human Rights: A Useful Line Of Attack Or A Defence Tool For States In Investor State Dispute Settlement
• Vasiliki Kosta, Bruno De Witte, Human Rights Norms in the Court of Justice of the European Union
• Solomon T. Ebobrah, The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
• Ernst-Ulrich Petersmann, Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
• Anna Petrig & Marta Bo, The International Tribunal for the Law of the Sea and Human Rights
• Payam Akhavan, Forum Shopping and Human Rights: Staring at the Empty Shelves
• Martin Scheinin, Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts

Call for Papers: Cambridge International Law Journal 2020 Conference

The Cambridge International Law Journal has issued a call for papers for its 2020 Conference, which will be held at the Faculty of Law, University of Cambridge, on April 16-17, 2020. The theme is: "International Law and Global Risks: Current Challenges in Theory and Practice." The call is here.

New Issue: Journal of World Trade

The latest issue of the Journal of World Trade (Vol. 53, no. 5, 2019) is out. Contents include:

• Julien Gourdon & James Messent, How Government Procurement Measures Can Affect Trade
• Juan He, Unilateral Trade Measures Against Illegal, Unreported and Unregulated Fishing: Unlocking a Paradigm Change in Trade-Environmental Partnerships?
• Marc D. Froese, Digital Trade and Dispute Settlement in RTAs: An Evolving Standard?
• Yong-Shik Lee, The Steel and Aluminium Quota Agreements: A Question of Compatibility with WTO Disciplines and Their Impact on the World Trading System
• Robert Black, Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?
• Jan A. Micallef, Digital Trade in EU FTAs: Are EU FTAs Allowing Cross Border Digital Trade to Reach Its Full Potential?
• Collins C Ajibo, African Continental Free Trade Area Agreement: The Euphoria, Pitfalls and Prospects

Dragojević: Amoral Communities: Collective Crimes in Time of War

Mila Dragojević (Univ. of the South - Politics) has published Amoral Communities: Collective Crimes in Time of War (Cornell Univ. Press 2019). Here's the abstract:

In Amoral Communities, Mila Dragojević examines how conditions conducive to atrocities against civilians are created during wartime in some communities. She identifies the exclusion of moderates and the production of borders as the main processes. In these places, political and ethnic identities become linked and targeted violence against civilians becomes both tolerated and justified by the respective authorities as a necessary sacrifice for a greater political goal.

Dragojević augments the literature on genocide and civil wars by demonstrating how violence can be used as a political strategy, and how communities, as well as individuals, remember episodes of violence against civilians. The communities on which she focuses are Croatia in the 1990s and Uganda and Guatemala in the 1980s. In each case Dragojević considers how people who have lived peacefully as neighbors for many years are suddenly transformed into enemies, yet intracommunal violence is not ubiquitous throughout the conflict zone; rather, it is specific to particular regions or villages within those zones. Reporting on the varying wartime experiences of individuals, she adds depth, emotion, and objectivity to the historical and socioeconomic conditions that shaped each conflict.

Furthermore, as Amoral Communities describes, the exclusion of moderates and the production of borders limit individuals' freedom to express their views, work to prevent the possible defection of members of an in-group, and facilitate identification of individuals who are purportedly a threat. Even before mass killings begin, Dragojević finds, these and similar changes will have transformed particular villages or regions into amoral communities, places where the definition of crime changes and violence is justified as a form of self-defense by perpetrators.

New Issue: Indian Journal of International Law

The latest issue of the Indian Journal of International Law (Vol. 58, nos. 3-4, December 2018) is out. Contents include:

• John R. Morss, Description without apology? On structures, signs and subjectivity in international legal scholarship
• Gbenga Oduntan, Access to justice in international courts for indigent states, persons and peoples
• Sanyukta Chowdhury, Investor State dispute settlement provisions in India’s model bilateral investment treaty: a critique
• Divesh Kaul, Evolving trade undercurrents at the regional level: tides of India’s preferential trading in the Indian Ocean and beyond
• Md Tabish Eqbal, International Organizations and reservations to treaties: a critical review of the International Law Commission’s work
• Amritha V. Shenoy, International humanitarian law in ancient India: a multicivilisational perspective
• Imdad Ullah, Comparing Jewish and Islamic laws of war
• Ruchi Lal, Social and economic rights of refugees under international legal framework: An appraisal