New Issue: Journal of World Trade

The latest issue of the Journal of World Trade (Vol. 55, no. 5, 2021) is out. Contents include:

• Alessandro Antimiani & Lucian Cernat, Untapping the Full Development Potential of Trade Along Global Supply Chains: ‘GVCs for LDCs’ Proposal
• Matilda Gillis, Let’s Play?: An Examination of the ‘Level Playing Field’ in EU Free Trade Agreements
• Harsha Srinivas Kuna, Inadequacy of SCM Rules of Benefit Determination in the Context of Non-market Economies
• Hyuntaik Lee, A Curious Case of Unreasonable Profit: US – OCTG (Korea)
• Olga Starshinova, Is the MPIA a Solution to the WTO Appellate Body Crisis?
• George Arie Comnenus, The General Theory of the Natural Course of World Trade: Special Circumstances to Initiate Trade Remedy Investigations
• M. P. Ram Mohan & Vishakha Raj, Appellate Body Crisis at the World Trade Organization: View from India
• Chuanjing Guan & Qinyi Xu, The Boundary of Supranational Rules: Revisiting Policy Space Conflicts in Global Trade Politics

Coneference: Science before International Tribunals: Deference or Distrust?

On October 1, 2021, the Università di Milano and the Federal University of Minas Gerais will jointly host an online conference on "Science before International Tribunals: Deference or Distrust?" The conference is co-sponsored by the Brazilian Branch of the International Law Association and the Interest Group on International Litigation of the Italian Society of International Law. The program is here. Registration is here.

Turns: The HMS Defender Incident: Innocent Passage versus Belligerent Rights in the Black Sea

David Turns (Defence Academy of the United Kingdom) has posted an ASIL Insight on The HMS Defender Incident: Innocent Passage versus Belligerent Rights in the Black Sea.

Clapham: War

Andrew Clapham (Graduate Institute of International and Development Studies) has published War (Oxford Univ. Press 2021). Here's the abstract:

How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institution, states nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects which are said to be part of a war-sustaining economy. The book includes an overall account of the contemporary laws of war and delves into whether states should be able to continue to claim so-called 'belligerent rights' over their enemies and those accused of breaching expectations of neutrality. A central claim in the book is as follows: while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. The conclusion is that claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people's property or territory.

Hoffberger-Pippan: Less-Lethal Weapons under International Law: A Three-Dimensional Perspective

Elisabeth Hoffberger-Pippan (German Institute for International and Security Affairs) has published Less-Lethal Weapons under International Law: A Three-Dimensional Perspective (Cambridge Univ. Press 2021). Here's the abstract:

Hitherto 'less-lethal' weapons, in contrast to classical firearms and other highly destructive weapons, have literally slipped under the radar of public international law. This book is the first monograph addressing and analysing all international legal regimes applicable to less-lethal weapons, ranging from arms control treaties, international humanitarian, criminal and human rights law. In doing so the different scenarios in which less-lethal weapons come to use will be taken into account, such as law enforcement, armed conflict and law enforcement scenarios during armed conflict. The relationships between the different legal regimes will be elaborated thoroughly with a view to examining how international law responds to less-lethal weapons. The final chapter provides guidelines as well as recommendations on appropriate use and regulation of less-lethal weapons, where the different scenarios of application, such as in armed conflict and law enforcement, will be given due account.

Call for Papers: The European Union re-founded? Rethinking EU governance in times of permanent crisis

A call for papers has been issued for the Annual Danish European Association-European Community Studies Association Conference, to be held December 2-3, 2021, at the University of Copenhagen Faculty of Law. The theme is: "The European Union re-founded? Rethinking EU governance in times of permanent crisis." The call is here.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 27, no. 3, September 2021) is out. Contents include:

• Stefan Elbe, Bioinformational diplomacy: Global health emergencies, data sharing and sequential life
• Perri 6 & Eva Heims, Why do states in conflict with each other also sustain resilient cooperation in international regulation? Britain and telegraphy, 1860s–1914
• Kristin Haugevik & Cecilie Basberg Neumann, Reputation crisis management and the state: Theorising containment as diplomatic mode
• Nicholas J. Wheeler & Marcus Holmes, The strength of weak bonds: Substituting bodily copresence in diplomatic social bonding
• Thomas Dörfler & Thomas Gehring, Analogy-based collective decision-making and incremental change in international organizations
• Arthur A Goldsmith, Political regimes and foreign investment in poor countries: Insights from most similar African cases
• Glen Biglaiser & Ronald J. McGauvran, The effects of debt restructurings on income inequality in the developing world
• Muyang Chen, Infrastructure finance, late development, and China’s reshaping of international credit governance
• Jonas Gamso, Is China exporting media censorship? China’s rise, media freedoms, and democracy
• Kamal Sadiq & Gerasimos Tsourapas, The postcolonial migration state
• Corinne Bara, Annekatrin Deglow, & Sebastian van Baalen, Civil war recurrence and postwar violence: Toward an integrated research agenda
• Ludvig Norman, Rethinking causal explanation in interpretive international studies

New Issue: Jus Cogens

The latest issue of Jus Cogens (Vol. 3, no. 2, 2021) is out. Contents include:

• Sara De Vido, A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
• Panagiotis Sotiris, Gramsci and Althusser Encountering Machiavelli: Hegemony and/as New Practice of Politics
• Jan-Werner Müller, A Theory of Standards for Intermediary Powers
• Massimo Fichera, The Idea of Discursive Constituent Power
• Thomas Bustamante & Conrado Hübner Mendes, Freedom Without Responsibility: the Promise of Bolsonaro’s COVID-19 Denial

Schäfer & Peters: Politics and the Histories of International Law: The Quest for Knowledge and Justice

Raphael Schäfer (Max Planck Institute of Comparative Public Law and International Law) & Anne Peters (Max Planck Institute of Comparative Public Law and International Law) have published Politics and the Histories of International Law: The Quest for Knowledge and Justice (Brill | Nijhoff 2021). Here's the abstract:

• Anne Peters, Raphael Schäfer, & Randall Lesaffer, Politics and the Histories of International Law: An Introduction
• Madeleine Herren, Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out
• Anne-Charlotte Martineau, The Politics of Writing on the History of Slavery in International Law
• Parvathi Menon, Edmund Burke and the Ambivalence of Protection for Slaves: Between Humanity and Control
• Momchil Milanov, One Hundred Years of Soli(dari)tude: The Creation of the Refugee Regime and the Politics of Humanitarianism
• Hendrik Simon, Theorising Order in the Shadow of War: The Politics of International Legal Knowledge and the Justification of Force in Modernity
• Etienne Henry, The Road to Collective Security: Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934)
• Deborah Whitehall, Three Wartime Textbooks of International Law
• Maria Adele Carrai, The Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China
• José Gustavo Prieto Muñoz, Mixed Claims Commissions in Latin America during the 19th and 20th Centuries: The Development of International Law in between Caudillos and Revolutions
• Angelo Dube & Lindelwa Mhlongo, The Forgotten Continent? A South African Perspective on the Development of African International Legal Thought
• Michel Erpelding, International Law and the European Court of Justice: The Politics of Avoiding History
• Sebastian M. Spitra, Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century
• Ríán Derrig, International Law, Science and Psychology in the New Haven School
• Julia Bühner, Histories Hidden in the Shadow: Vitoria and the International Ostracism of Francoist Spain
• Jean d’Aspremont, Turntablism in the History of International Law
• Emiliano J. Buis, The Politics of Anti-Politics: Historiographies of International Law and the Paradox of Antiquity
• Hirofumi Oguri, Taming Politics or Naïveté of Positivism in International Law?: Lassa Oppenheim and His Ascertainment of Customary International Law
• Jacob Katz Cogan, A History of International Law in the Vernacular

Webinar Series: Empire, International Law, and History

The Centre for International Legal Studies at the Jindal Global Law School and the Asian Society of International Law have announced a fall webinar series on “Empire, International Law, and History,” beginning September 30, 2021. Details and the program are here.

Webinar: What the History of Nature Conservation Law Tells Us About Ecological Futures: a Non-Euclidean Vision of the Anthropocene

On September 15, 2021, the Centre for Environmental Law at Macquarie University will host a webinar on "What the History of Nature Conservation Law Tells Us About Ecological Futures: a Non-Euclidean Vision of the Anthropocene" by Liz Fisher (Univ. of Oxford - Law). This is part of the Centre's Biodiversity Law and Governance webinar series: Law & Nature Dialogues. Details are here.

Conference: Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order

On December 2-3, 2021, the Ghent Rolin-Jaequemyns International Law Institute and the Utrecht Centre for Regulation and Enforcement in Europe will host a conference on "Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order." The conference will be held in a hybrid setting both on campus and online. The program is here. Registration is here.

Conference: International Criminal Justice in an "Age of Misinformation"

On September 16-17, 2021, the University of Northumbria Law School, in association with the Society of Legal Scholars and the Journal of International Criminal Justice, will host an online conference on "International Criminal Justice in an 'Age of Misinformation.'" Details are here.

Call for Submissions: SIEL/Hart Prize in International Economic Law

The SIEL–Hart Prize is awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law and is sponsored by the Society of International Economic Law and Hart Publishing. The call is here. Entries are due by December 1, 2021.

Call for Submissions: Cambridge International Law Journal

The Cambridge International Law Journal invites submissions for its eleventh volume. Here's the call:

The Editorial Board of the Cambridge International Law Journal is pleased to invite submissions for Volume 11 (issues to be published in June and December 2022).

The Board welcomes long articles, short articles and case notes that engage with current themes in international law.

In tribute to Judge James Crawford, who served as the Journal’s inaugural Honorary Editor-in-Chief from 2011 until his appointment to the International Court of Justice, Issue 1 will include a special section that reflects upon the responsibility of States and other subjects of international law. Judge Crawford’s peerless contribution to the field is evident not only in the 2001 Articles on Responsibility of States for Internationally Wrongful Acts, but also his work as scholar, counsel, judge and arbitrator.

The Board is particularly interested in contributions on this theme, which will be published as part of the special section. Other contributions will be published as part of the general section of Issue 1.

All submissions are subject to double-blind peer review by the Journal's Editorial Board. In addition, long articles are sent to the Academic Review Board, which consists of distinguished international law scholars and practitioners. Submissions can be made at any time. Articles submitted by 24 October 2021 will be considered for Volume 11 Issue 1.

Lecture: Wood on "The Role of the International Law Commission in Shaping International Law"

On October 14, 2021, the Centre for European and International Legal Affairs at Queen Mary University of London will host its annual lecture in-person and online. It will be delivered by Michael Wood on "The Role of the International Law Commission in Shaping International Law." Details are here.

Conference: Partnered Operations and International Law (Update)

On September 24, 2021, Sapienza Università di Roma, in coooperation with the Lieber Society on the Law of Armed Conflict of the American Society of International Law and the Interest Group on Peace and Security of the European Society of Internatonal Law, will hold a conference on "Partnered Operations and International Law." Due to travel restrictions, the conference will now be fully virtual. Updated program and registration information are here.

Conference: Procès de masse face aux violences de masse? / Mass Trials for Mass Violence?

On October 4-5, 2021, Université libre de Bruxelles and McGill University will host a hybrid conference on "Procès de masse face aux violences de masse? / Mass Trials for Mass Violence?" The program is here.

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 10, no. 2, July 2021) is out. Contents include:

• Ngoc Son Bui, Global constitutionalism: Asia-Pacific perspectives
• Cheryl Saunders, Constitution transformation
• Yoon Jin Shin, Transnational constitutional engagement: A contextualization of global constitutionalism by the Constitutional Court of South Korea
• Chien-Chih Lin, Global constitutionalism in Taiwan
• Samuli Seppänen, Formalism and anti-formalism in the Chinese Communist Party’s governance project
• Surabhi Chopra, The Constitution of the Philippines and transformative constitutionalism
• Rehan Abeyratne, Global constitutionalism reconfigured through a regional lens
• Anna Dziedzic, Foreign judges of the Pacific as agents of global constitutionalism
• Anthony F Lang, Jr., Global constitutionalism: A practical universal

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 20, no. 4, October 2021) is out. Contents include:

• Chad P. Bown & Petros C. Mavroidis, Is this the End?: The WTO Case Law of 2019
• Dukgeun Ahn & David Orden, China ‒ Domestic Support for Agricultural Producers: One Policy, Multiple Parameters Imply Modest Discipline
• Joseph Glauber & Simon Lester, China – Tariff Rate Quotas for Certain Agricultural Products. Against the Grain: Can the WTO Open Chinese Markets? A Contaminated Experiment
• Edward J. Balistreri, Petros C. Mavroidis, & Thomas J. Prusa, What If? Tinkering with the Counterfactual: A Comment on US–Washing Machines (Article 22.6-US)
• Eugene Beaulieu & Janet Whittaker, ‘Two Roads Diverged in [Soft]wood’ Targeted Dumping, Differential Pricing Methodology, and Zeroing: US – Canada Anti-Dumping in Softwood Lumber
• Petros C. Mavroidis & Kamal Saggi, Making Sense of the Arbitrator's Ruling in DS 316, EC and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (Article 22.6-EC): A Jigsaw Puzzle with (at Least) a Couple Missing Pieces
• Jennifer A. Hillman &, Kara M. Reynolds, Article 21.5 DSU Appellate Body Report United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint): Spillovers from Defense R&D Add to the Tug-of-War between Panels and the WTO Appellate Body
• Antonia Eliason & Matteo Fiorini, Australia – Anti-Dumping Measures on A4 Copy Paper: Opening a Door to More Anti-Dumping Investigations
• Douglas Nelson & Laura Puccio, Nihil novi sub sole: The Need for Rethinking WTO and Green Subsidies in Light of United States – Renewable Energy
• Kristy Buzard & Kathleen Claussen, Under Pressure: Intractable Trade Conflicts and Korea – Pneumatic Valves
• Rachel Brewster & Carolyn Fischer, Fishy SPS Measures? The WTO's Korea – Radionuclides Dispute
• Meredith A. Crowley & Federico Ortino, Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco–Hot-Rolled Steel (Turkey))
• Christine McDaniel & Edwin Vermulst, United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Re-Litigating through the Backdoor?
• Douglas Nelson, How Do You Solve a Problem Like Maria? US – Countervailing Measures (China) (21.5)
• Cristina Herghelegiu & Luca Rubini, ‘Where Have all the Distortions Gone?’ Appellate Body Report, Ukraine–Ammonium Nitrate
• Separating the Political from the Economic: The Russia–Traffic in Transit Panel Report Pramila Crivelli, Mona Pinchis-Paulsen
• Swati Dhingra & Timothy Meyer, Leveling the Playing Field: Industrial Policy and Export-Contingent Subsidies in India–Export Related Measures

Steffek: International Organization as Technocratic Utopia

Jens Steffek (Technical Univ. of Darmstadt) has published International Organization as Technocratic Utopia (Oxford Univ. Press 2021). Here's the abstract:

As climate change and a pandemic pose enormous challenges to humankind, the concept of expert governance gains new traction. This book revisits the idea that scientists, bureaucrats, and lawyers, rather than politicians or diplomats, should manage international relations. It shows that this technocratic approach has been a persistent theme in writings about international relations, both academic and policy-oriented, since the 19th century. The technocratic tradition of international thought unfolded in four phases, which were closely related to domestic processes of modernization and rationalization. The pioneering phase lasted from the Congress of Vienna to the First World War. In these years, philosophers, law scholars, and early social scientists began to combine internationalism and ideals of expert governance. Between the two world wars, a utopian period followed that was marked by visions of technocratic international organizations that would have overcome the principle of territoriality. In the third phase, from the 1940s to the 1960s, technocracy became the dominant paradigm of international institution-building. That paradigm began to disintegrate from the 1970s onwards, but important elements remain until the present day. The specific promise of technocratic internationalism is its ability to transform violent and unpredictable international politics into orderly and competent public administration. Such ideas also had political clout. This book shows how they left their mark on the League of Nations, the functional branches of the United Nations system and the European integration project.

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 26, no. 2, Summer 2021) is out. Contents include:

• Marten Zwanenburg, Keeping Camouflage Out of the Classroom: The Safe Schools Declaration and the Guidelines for Protecting Schools and Universities from Military Use During Armed Conflict
• Dieter Fleck, The Interplay Between ‘Peacetime’ Law and the Law of Armed Conflict: Consequences for Post-Conflict Peacebuilding
• Christopher P. Evans, Going, Going, Gone? Assessing Iran's Possible Grounds for Withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons
• Nathan Derejko, A Forever War? Rethinking the Temporal Scope of Non-International Armed Conflict
• Fikire Tinsae Birhane, Targeting of Children in Non-International Armed Conflicts
• Solon Solomon, The Psychological Impact of Military Operations on Civilians and the UN Human Rights Committee Japalali Decision: Exploring Mental Anguish under a Vida Digna, Right to Life Prism
• Neil McDonald & Anna McLeod, ‘Antisocial Behaviour, Unfriendly Relations’: Assessing the Contemporary Value of the Categories of Unfriendly Acts and Retorsion in International Law

Moyn: Humane: How the United States Abandoned Peace and Reinvented War

Samuel Moyn (Yale Univ. - Law) has published Humane: How the United States Abandoned Peace and Reinvented War (Farrar, Straus and Giroux 2021). Here's the abstract:

In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere.

In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences.

The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war.

Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.

New Issue: Humanity

The latest issue of Humanity (Vol. 12, no. 2, Summer 2021) is out. Contents include:

• Sharif Youssef, Refugees and the Rise of the Novel: Trespass, Necessity, and Humanitarian Casuistry in the Long Refugee Crisis
• Karin Loevy, The Balfour Declaration’s Territorial Landscape: Between Protection and Self-Determination
• Yakov Feygin, Dreaming of a “New Planning”: Development and the Internationalization of Economic Thought in Late Soviet Reformist Politics
• Anna Grimaldi, European Media Coverage of Brazil’s New Human Rights: 1964–1985
• Benjamin P. Davis, The Promises of Standing Rock: Three Approaches to Human Rights
• Ben Golder, Critiquing Human Rights

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 20, no. 2, 2021) is out. Contents include:

• Freya Baetens & Régis Bismuth, Face à Face: Interview with Angelika Nussberger – Professor and Former Judge and Vice-President of the European Court of Human Rights
• Rebecca Brown, Invoking International Environmental Norms Through Treaty Interpretation
• Katayoun Hosseinnejad, Rethinking the Meaning of Ordinary Meaning in Light of the ICJ’s Jurisprudence
• Andrés Sarmiento Lamus & Rodrigo González Quintero, The Practice of Appending Declarations at International Courts and Tribunals
• Kacper Zajac, The Rights of the Accused under the Rome Statute and the US Bill of Rights: Has 20 Years of ICC Jurisprudence Brought Those Together?
• Yoshifumi Tanaka, Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of the Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case
• Fernando Lusa Bordin, Procedural Developments at the International Court of Justice