Pratt investigates the potential erosion of prohibiting assassination, torture, and mercenarism during the US's War on Terrorism. In examining the emergence and history of the US's targeted killing programme, detention and interrogation programme, and employment of armed contractors in warzones, he proposes that a 'normative transformation' has occurred, which has changed the meaning and content of these prohibitions, even though they still exist. Drawing on pragmatist philosophy, practice theory, and relational sociology, this book develops a new theory of normativity and institutional change, and offers new data about the decisions and activities of security practitioners. It is both a critical and constructive addition to the current literature on norm change, and addresses enduring debates about the role of culture and ethical judgement in the use of force. It will appeal to students and scholars of foreign and defence policy, international relations theory, international security, social theory, and American politics.
Thursday, January 27, 2022
Pratt: Normative Transformation and the War on Terrorism: The Evolution of Targeted Killing, Torture, and Private Military Contracting
Witt: The View from the U.S. Leviathan: Histories of International Law in the Hegemon
Histories of international law more or less follow the epistemic position of the jurisdiction in which they arise. The parochial Anglophone student of the comparative literature in the history of international law instantly sees a version of this phenomenon in action. With notable exceptions, even sophisticated work in the history of international law in the U.S. is importantly different from English-language work in the same field that has begun to pour out from scholars based in the U.K., Australia, New Zealand, Canada, and elsewhere. In this chapter, I propose that this is because U.S. scholars since at least the Second World War have taken up the history of international law through a set of questions and presuppositions structured by a standpoint inside the leviathan. The most powerful player on the international stage – the United States – has exerted a gravitational pull on scholars writing the history of international law and on the functions that such histories serve. In recent years, however, the cross-border professionalization of the field is helping produce histories increasingly further afield from, or at least in a newly complex relationship to, the epistemic domination of the hegemon.
New Volume: Yearbook on International Investment Law & Policy
New Issue: International Journal of Human Rights
The latest issue of the International Journal of Human Rights (Vol. 26, no. 2, 2022) is out. Contents include:- Rosemary Nagy, Transformative justice in a settler colonial transition: implementing the UN Declaration on the Rights of Indigenous Peoples in Canada
- Christoph Sperfeldt, Legal identity in the sustainable development agenda: actors, perspectives and trends in an emerging field of research
- Evelyn Merckx, Article 12 CRC as a tool to empower children after parental separation
- Nicole L. Immler & Hans Sakkers, The UN-Sustainable Development Goals going local: learning from localising human rights
- Kaja Borgrevink & Kristin Bergtora Sandvik, The afterlife of buzzwords: the journey of rights-based approaches through the humanitarian sector
- Agnieszka Szpak & Dawid Bunikowski, Saami truth and reconciliation commissions
- Ebenezer Durojaye, Between a rock and a hard place: (un)balancing the public health interventions and human rights protection in the COVID 19 era in South Africa
- Cassandra Gooptar, Human rights infringements, delays and the Privy Council: the conundrum of human rights and the death penalty in Trinidad and Tobago
Wednesday, January 26, 2022
Conference: 116th ASIL Annual Meeting
As we emerge from one of the most isolating years in our memories, we invite reflection on how international law is experienced by individuals, communities, business organizations, and other non-state actors, the ways in which these actors shape international law, and how states might react to these efforts. From those combatting disease, seeking asylum, facing unemployment, resisting eviction, or struggling to access basic nutrition, to others who may just be wondering "what is the relevance of international law for me?" – this year's Annual Meeting focuses on how people, independently or collectively, interact with international law. Specifically, the 2022 Annual Meeting will examine how international law is experienced personally. Questions that will be addressed include:
This focus is particularly significant today when the daily lives of most of the world's people have been upended and recalibrated by a global pandemic, massive economic losses, climate challenges, and persistent racial injustice. In this time of crisis convergence, the Society's Annual Meeting is a call to examine the ways that international law meets or fails people's expectations and to explore ideas of how international law can better address these and other challenges.
- How do individuals experience international law in their daily lives?
- How do non-State actors contribute or pose challenges to the creation, evolution, interpretation, and enforcement of international law?
- What and who is prioritized in the public and private application of international law?
New Issue: Revista romana de drept international
The latest issue of Revista romana de drept international (No. 25, January-June 2021) is out. Contents include:- The Works of the International Round Table on Promoting the Jurisdiction of the International Court of Justice (Bucharest, VTC, 24 June 2021)
- Articole
- Ion Gâlea & Carmen Achimescu, Les Métamorphoses de la Commission du Danube
- Filip-Andrei Lariu, Legal Implications Regarding the Use of Autonomous Weapons in Armed Conflicts and Law Enforcement Operations
- Contribuţia doctorandului şi masterandului
- Adrian-Nicușor Popescu, Seeking Judicial Venues for the Persons Affected by Sea- Level Rise
Tuesday, January 25, 2022
New Issue: Humanitäres Völkerrecht
- Artikel
- Joachim Wolf, Flüchtlingsrecht – Eine eigene Disziplin im Völkerrecht?
- Jan-Phillip Graf & Spyridoula Katsoni The Evolution of Non-Refoulement: From Negative to Positive Obligations
- Aktuelle Entwicklungen im humanitären Völkerrecht
- Kassaye M. Aynalem, The ‘Ethiopian Red Terror’ Trial before the District Court of The Hague: Probing the ‘Context’ and ‘Nexus’ Elements of War Crimes
- Nicolò Borgesano, Lethal Machines’ ‘Acts’: The Use of Artificial Intelligence and the Principles of International Law
- Jason Halog, Umweltschutz und Weltraumschrott
- Tim Heckmann, Das Verhältnis des Artikel 6 IPbpR zum ius contra bellum: Eine Analyse des General Comment No. 36 Absatz 70
Richard S. Dunn (1928-2022)
So there I was in the fall of 1989, one of ten thousand undergraduates and countless history majors at a major research university, meeting every week or two with one of the preeminent historians of seventeenth-century America, just the two of us in a high-ceilinged office, off a side-corridor on the third floor of College Hall. I still remember the first book he assigned - Peter Laslett's The World We Have Lost, which completely blew my mind (and which only last month I purchased for one of my sons). Next up was James B. Hedges's The Browns of Providence Plantations. And then I'm prettry sure it was Richard's own Sugar and Slaves: The Rise of the Planter Class in the English West Indies, 1624-1713 and maybe also Edmund S. Morgan's American Slavery, American Freedom. I imagine there was something about Pennsylvania too, as Richard (with his wife Mary Maples Dunn) had recently finished editing the papers of William Penn. Like many twenty-year olds, I didn't know enough to realize or appreciate what I had stumbled into. But I wasn't completely clueless, and wanting to have the guidance of both Richards, I asked Richard to be my major adviser. He said yes again, even though my main interests were in the late eigteenth and early nineteenth centuries. I took just that one course with him, and yet he wrote a letter for my grad school applications. Later when I was at Princeton, Richard offered me an office and a visiting title at what was then known as the Philadelphia Center for Early American Studies (now the McNeil Center) so that I could have a research home in Philadelphia where I was living with my future wife.
For me, Richard's distinguishing features - leaving aside his scholarship and brilliance and much else - were his generosity, modesty, and openness to others. He used his elevated position to promote not himself but the careers of others. In the academy, and in life, there is very little that is more estimable. He did this writ large through organization-building at the Phiadelphia Center, and he did it at the individual level, with graduate students, Center fellows, and colleagues, and even with undergraduate students who just knocked on his office door. I will always be grateful.
Mulder: The Economic Weapon: The Rise of Sanctions as a Tool of Modern War
Economic sanctions dominate the landscape of world politics today. First developed in the early twentieth century as a way of exploiting the flows of globalization to defend liberal internationalism, their appeal is that they function as an alternative to war. This view, however, ignores the dark paradox at their core: designed to prevent war, economic sanctions are modeled on devastating techniques of warfare.
Tracing the use of economic sanctions from the blockades of World War I to the policing of colonial empires and the interwar confrontation with fascism, Nicholas Mulder uses extensive archival research in a political, economic, legal, and military history that reveals how a coercive wartime tool was adopted as an instrument of peacekeeping by the League of Nations. This timely study casts an overdue light on why sanctions are widely considered a form of war, and why their unintended consequences are so tremendous.
Shaffer: Afterword: Capitalism, International Law, Race, and China’s Rise
Karen Alter’s rich article, “From colonial to multilateral international law: A global capitalism and law investigation,” develops an important research agenda regarding capitalism, and its impact on what she calls “global economic law.” This Afterword builds on Alter’s essay to make four points. First, it compares Alter’s framework of international regime complexes with the framework of transnational legal orders that has been applied to a wide spectrum of issues. It shows how the latter framework is necessary to supplement Alter’s regime framework. Second, it subjects Alter’s concluding argument in favor of multilateralism to a comparative institutional perspective, which foregrounds considerations that Alter’s essay elides. It notes the contexts in which multilateral international law is, or is not, a preferred approach. Third, it substantially qualifies Alter’s concluding prediction regarding continuity with China’s rise. It stresses the implications of China’s combination of state capitalism and political authoritarianism, coupled with other transnational trends, including within the United States. Fourth, it notes her lack of engagement with the issue of race and international law, which is present in its absence, on which the framework of transnational legal orders sheds greater light.
New Issue: Journal of Territorial and Maritime Studies
- Emilia J. Powell & Sara M. Mitchell, Forum Shopping for the Best Adjudicator: Dispute Settlement in the United Nations Convention on the Law of the Sea
- José Manuel Martín Osante, Spanish Maritime Navigation Law: Some Territorial Questions
- Joshua Tallis, Small Threats and Sea Service Strategy: Seapower and Its Role in Countering Non-State Threats
- Su Wai Mon, The Practical Implications of Unresolved Maritime Boundaries: Special Reference to the Malaysian Position
- Edcel John A. Ibarra, Issue-Based Cooperation on Conflict Resolution in the South China Sea: Exploring Roles for ASEAN Beyond the Code of Conduct
Monday, January 24, 2022
Leins: New War Technologies and International Law: The Legal Limits to Weaponising Nanomaterials
The desire for humanity and the desire for security have co-existed as long as humans have been alive. As science has become increasingly sophisticated, so have the methods of self-defence by States. Nanotechnology is already changing warfare by increasing capabilities upon which armed forces are heavily reliant: more efficient energy storage, advanced photovoltaics, and improved military protective equipment to name a few of these developments. Some applications of nanomaterials by the military are both powerful and subtle, and have neurological and biological applications: 'devices that can infiltrate electronics and seize control at crucial moments, artificial “disease” agents that can rest harmlessly in victims' bodies until activated by an external signal'. The advance of the use or contemplation of use of these types of nanoscale applications by the military requires urgent analysis in light of existing international law, particularly in light of their potential effects on humans and on the environment.
d'Aspremont: Time Travel in the Law of International Responsibility
This paper grapples with the temporality which international law produces and puts the emphasis on the role which the doctrine of international responsibility plays therein. This paper particularly argues that the doctrine of international responsibility, while preserving the seriality and linearity of the temporality of international law, suspends the latter’s one-directionality by allowing anyone invoking or mobilizing the doctrine of international responsibility to travel back and forth between the past of the wrongfulness and the present of responsibility. According to this argument, international responsibility thus enables a two-directional temporality. This paper shows that such two-directional temporality constitutes a discursive device at the service of the narrative function of international responsibility.
Call for Submissions: L'urgence environnementale
New Issue: INTER – Revista de Direito Internacional e Direitos Humanos da UFRJ
- Luís Alexandre Carta Winter & Ana Caroline Pugioli, A Globalização, As Transnacionais, O Pacto Global, O Compliance E A Pandemia Do Covid-19 No Brasil
- Diogo Calazans Ferreira Heilbuth & Rodrigo Vitorino Souza Alves, A Prevenção De Desastres À Luz Das Obrigações Empresariais De Respeito Aos Direitos Humanos
- Rocco Antonio Rangel Rosso Nelson, A Reclamação Trabalhista E A Imunidade De Jurisdição Do Estado: Evolução Do Costume Internacional
- Amanda Pimenta Da Silva, Cities Of Goddess: Roles And Experiences Of Womanhood In The Militarized Favelas Of Rio De Janeiro
- Richardy Videnov Alves Dos Santos, Thiago Oliveira Moreira, & Bento Herculano Duarte Neto, Controle De Convencionalidade Da Reforma Trabalhista Pelos Magistrados De 1º Grau Do Tribunal Regional Do Trabalho Da 21ª Região
- Livia Maria Sousa & Tarin Cristino Frota Mont´Alverne, Desastres Ambientais No Meio Marinho Em Decorrência Do Derramamento De Óleo: A (In)Suficiência Dos Instrumentos Jurídicos De Mitigação Do Dano E Resposta Eficaz
- Maria Creusa De Araújo Borges, Cristiani Pereira De Morais Gonzalez, Ângelo José Menezes Silvino, & Ângelo José Menezes Silvino, O Direito À Educação Em Direitos Humanos Após A Queda Do Muro De Berlim: O Que A Onu Tem A Dizer 32 Anos Depois?
- Melina Girardi Fachin & Catarina Mendes Valente Ramos, “Óbito Também É Alta”: A Total Desumanização Das Pessoas Idosas Durante A Pandemia De Covid-19
- Raquel Guerra, The Origin Of The Margin Of Appreciation And The Jurisprudence Of The European System Of Human Rights And Inter-American System Of Human Rights
- André Luiz Valim Vieira, Tratados Internacionais E O Devido Processo Legal Na Corte Interamericana De Direitos Humanos: Alcance E Sentidos Da Proteção Judicial
Rodogno: Night on Earth: A History of International Humanitarianism in the Near East, 1918–1930
Night on Earth is a broad-ranging account of international humanitarian programs in Central and Eastern Europe, the Balkans and the Near East from 1918 to 1930. Davide Rodogno shows that international 'relief' and 'development' were intertwined long before the birth of the United Nations with humanitarians operating in a region devastated by war and famine and in which state sovereignty was deficient. Influenced by colonial motivations and ideologies these humanitarians attempted to reshape entire communities and nations through reconstruction and rehabilitation programmes. The book draws on the activities of a wide range of secular and religious organisations and philanthropic foundations in the US and Europe including the American Relief Administration, the American Red Cross, the Quakers, Save the Children, the Near East Relief, the American Women's Hospitals, the League of Nations and the International Committee of the Red Cross.
Seminar: Stoyanova on "Positive Obligations under the European Convention on Human Rights - Within and Beyond Boundaries"
New Issue: Global Trade and Customs Journal
The latest issue of Global Trade and Customs Journal (Vol. 17, no. 1, 2022) is out. Contents include:- Prabhash Ranjan, India-Afghanistan Trade and International Law
- M.L. Schippers, W. De Wit, Proposal for a Carbon Border Adjustment Mechanism
- Maria Kendrick, The Legal (Im)possibilities of the EU Implementing the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting
- M. Rafiqul Islam & Khorsed Zaman, Australia-China Dispute Over Barley Trade at the WTO: Challenges Ahead and Possible Outcomes for Australia
- Sagar Vasan & Chandrahauns R. Chavan, Dwell Time Analysis of Clearing Import Cargo in India
- Sang Man Kim, Some Critical & Controversial Issues on Incoterms 2020 for International Trade
- Alessandro Fruscione, The Court of Justice of the European Union Clarifies the Relationship Between Customs Value and Delivery Costs of Goods
- Jin Woo Kim, Interview: Pierrick Le Gallo, DuPont EMEA President
New Issue: Nordic Journal of Human Rights
The latest issue of the Nordic Journal of Human Rights (Vol. 39, no. 3, 2021) is out. Contents include:- Dorota Anna Gozdecka, Human Rights During the Pandemic: COVID-19 and Securitisation of Health
- Karin Åberg, Inclusion Through Conflict: Irregular Migrants, Bonnie Honig, and Political Rights
- Ignatius Yordan Nugraha, From ‘Margin of Discretion’ to the Principles of Universality and Non-Discrimination: A Critical Assessment of the ‘Public Morals’ Jurisprudence of the Human Rights Committee
- Nicole Stybnarova, Self-Restrained Adjudicator Meets (not so) Self-Restrained Lawmaker: Danish Human Rights Protection Tested on the ‘Forced Marriage Presupposition Rule’
- Hanna-Maria Niemi, The Use of Human Dignity in Legal Argumentation: An Analysis of the Case Law of the Supreme Courts of Finland
- Fanny Holm, Extraterritorial Justice: Can Swedish Trials Provide Remedies to Victims of Atrocity Crimes?
- Sara Hellqvist, Access to Justice for Wrongful Conviction Claimants in Sweden: The Final Legal Safeguard and Levels of (In)accessibility
- Bonolo Ramadi Dinokopila & Bonno Kgoboge, Customary Law and Limitations to Constitutional Rights in Botswana
- Ifeoma Pamela Enemo, Challenges Still Facing the Domestication and Implementation of Key Provisions of Nigeria’s Child Rights Act of 2003
- Jackie Dugard, Evaluating Transformative Constitutionalism in South Africa: A View from the Mineral Rights Adjudication Looking Glass
Sunday, January 23, 2022
New Issue: Trade, Law and Development
The latest issue of Trade, Law and Development (Vol. 13, no. 2, Winter 2021) is out. Contents include:- Editorial
- Amogh Pareek & Sahil Verma, Brick by Brick: COVID-19 and the WTO
- Articles
- Shishir Priyadarshi, Promoting Increased Participation of LDCs in Global Trade – A Critical Account of the Measures Taken at the WTO
- Rafael Leal-Arcas et al., International Trade, Energy Transition and Climate Change Obligations: The perspective of small Pacific islands and the Caribbean Community
- Christian Häberli, Food Crises (cont’d): What’s Wrong with Trade and Investment Rules?
- Mukesh Bhatnagar, Emerging Disciplines on Fisheries Subsidies Negotiations in the WTO and the Relationship with Other International Instruments on Fisheries — A Tight Rope Walk
- Jason Beckett, Harry Potter and the Gluttonous Machine: Reflections on International Law, Poverty, and the Secret Success of Failure
- Apoorva Singh Vishnoi & Rishabha Meena, Has Uncertainty been Ascertained? – Delineating the Scope of Security Exceptions Provisions in the WTO Agreements and the Free Trade Agreements
New Issue: International Peacekeeping
- Carla Suarez & Erin Baines ‘Together at the Heart’: Familial Relations and the Social Reintegration of Ex-combatants
- Vytautas Isoda, Choosing the Flag in the Name of Peace: Why Have the Baltic States (Re)turned to the United Nations?
- Shenghao Zhang, Trade Potential and UN Peacekeeping Participation
- Daniel Druckman, Grace Mueller & Paul F. Diehl, Exploring the Compatibility of Multiple Missions in UN Peace Operations
- Silvia Danielak, The Infrastructure of Peace: Civil–Military Urban Planning in Mali
- Maggie Dwyer & Osman Gbla, ‘The Home Stress’: The Role of Soldiers’ Family Life on Peacekeeping Missions, the Case of Sierra Leone
Clark & Ungar: Resilience, Adaptive Peacebuilding and Transitional Justice: How Societies Recover after Collective Violence
Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.
Mitsilegas, Fasoli, Giuffrida, & Fitzmaurice: The Legal Regulation of Environmental Crime: The International and European Dimension
The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.





