Wohlwend: The International Rule of Law: Scope, Subjects, Requirements

Denise Wohlwend has published The International Rule of Law: Scope, Subjects, Requirements (Edward Elgar Publishing 2021). Here's the abstract:

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order. The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.

Feijen: The Evolution of Humanitarian Protection in European Law and Practice

Liv Feijen has published The Evolution of Humanitarian Protection in European Law and Practice (Cambridge Univ. Press 2021). Here's the abstract:

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Sykes: Animal Welfare and International Trade Law: The Impact of the WTO Seal Case

Katie Sykes (Thompson Rivers Univ. - Law) has published Animal Welfare and International Trade Law: The Impact of the WTO Seal Case (Edward Elgar Publishing 2021). Here's the abstract:

This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.

New Issue: Cooperation and Conflict

The latest issue of Cooperation and Conflict (Vol. 56, no. 2, June 2021) is out. Contents include:

• Felix Rösch, Affect, practice, and change: Dancing world politics at the Congress of Vienna
• Linus Hagström, Disciplinary power: Text and body in the Swedish NATO debate
• Briony Jones, The performance and persistence of transitional justice and its ways of knowing atrocity
• Kazushige Kobayashi, Is normative power cosmopolitan? Rethinking European unity, norm diffusion, and international political theory
• Michal Parizek & Matthew D Stephen, The long march through the institutions: Emerging powers and the staffing of international organizations
• Laust Schouenborg & Simon F Taeuber, A quantitative approach to studying hierarchies of primary institutions in international society: The case of United Nations General Assembly disarmament resolutions, 1989–1998

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 35, nos. 1/2, Winter/Spring 2020) is out. Contents include:

• Lecture
• Teresa Cheng, The Search for Order within Chaos in the Evolution of ISDS 
• Case Comments
• Debadatta Bose, David R Aven v Costa Rica: The Confluence of Corporations, Public International Law and International Investment Law
• Eric De Brabandere, Mathias Kruck and others v Spain
• Barton Legum & Marie-Hélène Ludwig, B-Mex, LLC and others v United Mexican States: A Defect in the Notice of Intent is not a Bar to Jurisdiction under NAFTA
• Chiann Bao, RSM v Saint Lucia: With Prejudice—The Unlikely Death Knell
• Notes
• Gracious Avayiwoe, The Republic of Ghana and Bilateral Investment Treaties: A Burgeoning Expert? 
• Articles
• Loris Marotti, The Proliferation of Joint Interpretation Clauses in New International Investment Agreements: A Mixed Blessing? 
• Barnali Choudhury, Investor Obligations for Human Rights 
• Farouk El-Hosseny & Patrick Devine, Contributory Fault under International Law: A Gateway for Human Rights in ISDS? 
• Orhan Bayrak, Economic Crises and the Fundamental Change of Circumstances in Investment Arbitration 
• David Khachvani, Non-Compensable Regulation versus Regulatory Expropriation: Are Climate Change Regulations Compensable? 
• Case Comments
• Guled Yusuf & Godwin Tan, United Utilities (Tallinn) BV v Estonia: ICSID Arbitration after Achmea: the Beginning of the End or the End of the Beginning? 
• Mélida Hodgson & Edelí Rivera, UP and CD Holding Internationale v Hungary: Achmea is Not the End of Intra-EU ICSID Arbitration
• Ian A Laird & Rina M Gashaw, Besserglik v Mozambique: A Lesson in Returning to the Basics
• Notes
• Chester Brown, Mark McNeill, & Jeremy K Sharpe, First Impressions of a Virtual Hearing at ICSID 
• Chen Yu, Amicus Curiae Participation in ISDS: A Caution Against Political Intervention in Treaty Interpretation
• Yilin Wang, The Fight between Interpretation and Modification: A Critique of Sanum v Laos 
• Articles
• Zareen Qayyum, The Enforceability of Proposed Reforms to Investor–State Dispute Settlement 
• Crina Baltag, The Role of Amici Curiae in Light of Recent Developments in Investment Treaty Arbitration: Legitimizing the System?
• George A Bermann, Understanding ICSID Article 54 
• Lauren Mandell, The Trump Administration’s Impact on US Investment Policy 
• Chester Brown & Patrick Still, The Status of the Testimony of the Non-Appearing Witness in International Arbitration 

New Issue: International Affairs

The latest issue of International Affairs (Vol. 97, no. 3, May 2021) is out. Contents include:

• Articles
• Sophie Harman, Threat not solution: gender, global health security and COVID-19
• Stefanie Kam & Michael Clarke, Securitization, surveillance and ‘de-extremization’ in Xinjiang
• David M McCourt, Framing China's rise in the United States, Australia and the United Kingdom
• Saskia Postema & Jan Melissen, UN celebrity diplomacy in China: activism, symbolism and national ambition online
• Thom Dixon, The grey zone of cyber-biological security
• Jeppe T Jacobsen, Cyber offense in NATO: challenges and opportunities
• Jenny Lorentzen, Women as ‘new security actors’ in preventing and countering violent extremism in Mali
• Caitlin Hamilton, Rhaíssa Pagot, & Laura J Shepherd, BRICS countries and the construction of conflict in the Women, Peace and Security Open Debates
• Raffaella A Del Sarto, Sectarian securitization in the Middle East and the case of Israel
• Hassan Ahmadian & Payam Mohseni, From detente to containment: the emergence of Iran's new Saudi strategy
• Frank O'Donnell & Mihaela Papa, India's multi-alignment management and the Russia–India–China (RIC) triangle
• Monika Sus, Supranational entrepreneurs: the High Representative and the EU global strategy
• Elsa Hedling, Transforming practices of diplomacy: the European External Action Service and digital disinformation
• Jan Aart Scholte, Soetkin Verhaegen, & Jonas Tallberg, Elite attitudes and the future of global governance

New Issue: International Relations

The latest issue of International Relations (Vol. 35, no. 2, June 2021) is out. Contents include:

• Articles
• Aaron McKeil, On the concept of international disorder
• Takeshi Nakano, War and strange non-death of neoliberalism: The military foundations of modern economic ideologies
• Andreas Raspotnik & Andreas Østhagen, How much is the fish? When foreign policy meets fishing interests in the EU’s Arctic endeavour
• Carlos R. S. Milani & Magno Klein, South-South cooperation and foreign policy: Challenges and dilemmas in the perception of Brazilian diplomats
• Bernardo Teles Fazendeiro, Keeping a Promise: Roles, Audiences and Credibility in International Relations
• Leslie E Wehner & Cameron G Thies, The nexus of populism and foreign policy: The case of Latin America
• Alise Coen, Can’t be held responsible: Weak norms and refugee protection evasion

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 37, no. 1, March 2021) is out. Contents include:

• Articles
• Diana A A Reisman, Apportioning Fault for Performance Corruption in Investment Arbitration
• Jörg Risse & Antje Baumann, The permissible scope of witness testimony in arbitral hearings—five proposed rules
• Donny Trinh Ba Duong, The evolution of summary procedure in investment arbitration: past, present and future
• Caline Mouawad & Jessica Beess und Chrostin, The illegality objection in investor–state arbitration
• Dimitrios Katsikis, Breach of the agreement to arbitrate due to third party conduct
• Eric Leikin & Clemens Treichl, Pick Your President: Why and How Parties Should Seek to Agree on a Presiding Arbitrator
• Recent Developments
• Aditya Prasanna Bhattacharya, Harsh Tiwari, & Kashish Makkar, Indian Golf Union and the Lingering Ghost of common law severability in India
• Jie (Jeanne) Huang & Dan Xie, Data Protection Law in Investment Arbitration: Applicable or Not?
• Gordon Nardell & Laura Rees-Evans, The agreement terminating intra-EU BITs: are its provisions on ‘New’ and ‘Pending’ Arbitration Proceedings compatible with investors’ fundamental rights?
• Shen Wei, Guarding the Great Wall?—jurisprudential review of treaty interpretative tools in Chinese BIT-based arbitration cases
• George Burn & Kevin Cheung, Section 44 of the English Arbitration Act 1996 and third parties to arbitration
• Ann Manov, Shooing the vultures? The case for investment treaty protection of sovereign debt
• Case Notes
• Sayantan Bhattacharyya & Moksh Ranawat, The arbitrability of civil fraud in India: analysing the Supreme Court of India’s decision in Avitel Post Studioz Ltd
• Tamar Meshel, International commercial arbitration in Canada after Uber Technologies Inc v Heller

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 60, no. 3, June 2021) is out. Contents include:

• Prosecutor v. Ayyash et al. (Special Trib. Leb.), with introductory note by Michael Lysander Fremuth
• The Abraham Accords: Normalization Agreements Signed by Israel with the U.A.E., Bahrain, Sudan, and Morocco, with introductory note by Joel Singer
• Privacy Int'l v. Secretary of State for Foreign & Commonwealth Affairs and La Quadrature du Net v. Premier ministre (C.J.E.U.), with introductory note by Jack Maxwell & Joe Tomlinson

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 24, nos. 1-2, 2020) is out. Contents include:

• Nina J. Lahoud, What Fueled the Far-Reaching Impact of the Windhoek Declaration and Namibia Plan of Action as a Milestone for Gender Mainstreaming in UN Peace Support Operations and Where Is Implementation 20 Years Later?
• Hanna Bourgeois, ‘All Necessary Means’ to Protect Civilians: The Interpretation and Implementation of UN Security Council Mandates Authorising the Protection of Civilians
• Mohammad Tarequl Islam, The Dynamics of Security Sector Reform in Liberia: Challenges and Opportunities for Achieving the Intended Reforms
• Mona Ali Khalil, Immunity Is Not Impunity: The Legal Framework Applicable to UN Accountability for the Haiti Cholera Crisis
• Beatrice Lindstrom, When Immunity Becomes Impunity: Rethinking Liabilities for UN Harms
• Thierry Kaiser & Carlijn Ruers, The Application of International Humanitarian Law to Peacekeepers: The Situation in Mali
• Blanca Montejo & Bojan Stefanovic, The Implementation of the Action for Peacekeeping in Context: A Concrete Analysis of Efforts by the Security Council at Sequencing and Prioritising Mandates
• Céline Giuliani, Advancing Peace through Human Rights in UN Peace Operations: A Policy Perspective on Achievements and the Way Forward

Webinar: Present and Future of International Arctic Law

On June 11, 2021, the Institute of International Relations Prague will host a webinar by Stefan Kirchner (Univ. of Lapland - Arctic Centre) on "Present and Future of International Arctic Law." Details are here.

Cottier: The Prospects of Common Concern of Humankind in International Law

Thomas Cottier (World Trade Institute) has published The Prospects of Common Concern of Humankind in International Law (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:

The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

Job Opening: NUS Centre for International Law (Research Associate/Research Assistant)

The Centre for International Law, National University of Singapore is accepting applications for a Research Associate/Research Assistant in its Investment Law and Policy Programme. The advertisement is here.

Call for Papers: The Law and Practice of EU Diplomacy in Regional and Global Organisations

A call for papers has been issued for the 7th Geneva Jean Monnet Doctoral Workshop on "The Law and Practice of EU Diplomacy in Regional and Global Organisations." The call is here.

Special Issue: Fondo Monetario Internacional y derechos humanos (Update)

The latest issue of Revista Derechos en Acción (No. 18, Verano 2020-2021) focuses on "Fondo Monetario Internacional y derechos humanos." This issue is available open access here. The table of contents is here. The foreword and interviews from this special issues are now available in English here.

Conference: Law and Policy in European Integration (1960s-1990s)

On June 1-2, 2021, the Max Planck Institute for Legal History and Legal Theory will host a online conference on "Law and Policy in European Integration (1960s-1990s)." Details are here.

Conference: Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases

On June 17-18, 2021, the European Association for Family and Succession Law, together with the University of Genoa, will host an online conference on children's rights and private international law. The topic is: "Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases." Program and registration are here.

Dinstein: Legal Advisers in the Field During Armed Conflict

Yoram Dinstein (Tel Aviv Univ.) has posted Legal Advisers in the Field During Armed Conflict (International Law Studies, forthcoming). Here's the abstract:

Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently reflects customary international law. This essay examines how the requirement is implemented by States and how States view the specific role of the legal adviser, their relationship to the military commander, their training (as well the commander’s training), and responsibility for faulty advice.

Caba: Obstruction of Justice at the International Criminal Court

Jan Caba has published Obstruction of Justice at the International Criminal Court: A Comparison with the United States, Germany and the International Criminal Tribunal for the Former Yugoslavia (Duncker & Humblot 2021). Here's the abstract:

Criminal proceedings are at constant risk of being disrupted, be it by witness interference, false testimonies or other forms of obstruction of justice. National legal systems extensively penalize such obstructive acts in order to protect their criminal trials, and even US Presidents could face consequences for obstruction of justice, as was exemplified by Richard Nixon and Donald Trump. The problem of obstruction of justice is particularly acute in international criminal trials, many of which are affected by witness interference and other obstructive acts. Yet the penalization of obstruction of international criminal justice is hardly an issue in practice or in the academic world. This study analyses the criminal law on obstruction of justice at the International Criminal Court and compares it with the respective legal regimes of Germany, the United States federal system, and the International Criminal Tribunal for the former Yugoslavia. Does the obstruction law of the International Criminal Court protect its proceedings in equal measure?

Eccleston-Turner & Rourke: The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines

Mark Eccleston-Turner (Keele Univ.) & Michelle Rourke (Griffith Univ.) have posted an ASIL Insight on The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines.

New Volume: Recueil des Cours

Volume 415 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:

• Volume 415
• Peter Trooboff, Globalization, Personal Jurisdiction and the Internet

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 25, no. 5, 2021) is out. Contents include:

• Fulfilling the Cultural and Language Rights of Minorities and Indigenous Peoples
• Katerina Hatzikidi, Corinne Lennox & Alexandra Xanthaki, Cultural and language rights of minorities and indigenous peoples
• Katerina Hatzikidi, Cultural mediators and the protection of ethnic minority cultural rights: reflecting on successes and challenges around quilombo heritage in Brazil
• Ross Holder, On the interrelatedness of human rights, culture and religion: considering the significance of cultural rights in protecting the religious identity of China’s Uyghur minority
• Jessika Eichler, Intangible cultural heritage, inequalities and participation: who decides on heritage?
• Rehnuma Sazzad, Language movements in Sri Lanka and Pakistan: exploring global conflicts of language and cultural rights with other human rights
• Ekaterina Arutyunova & Konstantin Zamyatin, An Ethnolinguistic conflict on the compulsory learning of the state languages in the republics of Russia: policies and discourses
• Siu Lang Carrillo Yap, The role of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (ICH Convention) in the protection of traditional forest-related knowledge (TFRK) of Amazonian indigenous peoples

New Volume: Recueil des Cours

Volume 414 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:

• Volume 414
• Alain Pellet, Le droit international à la lumière de la pratique: l’introuvable théorie de la réalité. Cours général de droit international public

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

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 21, no. 2, June 2021) is out. Contents include:

• Tobias Nielsen, Nicolai Baumert, Astrid Kander, Magnus Jiborn & Viktoras Kulionis, The risk of carbon leakage in global climate agreements
• Takahiro Oki, European fuel economy policy for new passenger cars: a historical comparative analysis of discourses and change factors
• Yayun Shen & Michael Faure, Green building in China
• Nicholas Chan, Beyond delegation size: developing country negotiating capacity and NGO ‘support’ in international climate negotiations
• Aigul Nukusheva, Gulzhazira Ilyassova, Dinara Rustembekova, Roza Zhamiyeva & Leila Arenova, Global warming problem faced by the international community: international legal aspect
• Carl Middleton & David J. Devlaeminck, Reciprocity in practice: the hydropolitics of equitable and reasonable utilization in the Lancang-Mekong basin
• Tobias Renner, Sander Meijerink, Pieter van der Zaag & Toine Smits, Assessment framework of actor strategies in international river basin management, the case of Deltarhine
• Alexandra-Maria Bocse, Hybrid transnational advocacy networks in environmental protection: banning the use of cyanide in European gold mining
• Osman Devrim Elvan, Üstüner Birben, & Hasan Emre Ünal, The effectiveness of the Bern Convention on wildlife legislation and judicial decisions in Turkey
• Andreas Kokkvoll Tveit, Does capacity increase compliance? Examining evidence from European cooperation against air pollution

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 52, no. 2, 2021) is out. Contents include:

• Wenlan Yang, Protecting Submarine Cables From Physical Damage Under Investment Law
• Hayley Roberts, Identifying “Exclusionary Agreements”: Agreement Type as a Procedural Limitation in UNCLOS Dispute Settlement
• Ethan Beringen, Nengye Liu & Michelle Lim, Australia as a Middle Power: Challenging the Narrative of Developed/Developing States in International Negotiations Surrounding Marine Genetic Resources
• Robin Churchill, Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law?
• Pierre Thévenin, A Liberal Maritime Power as Any Other? The Soviet Union during the Negotiations of the Law of the Sea Convention