Chambers & Martin: Reimagining Corporate Accountability: Moving Beyond Human Rights Due Diligence

Rachel Chambers (Univ. of Connecticut - Business) & Jena Martin (West Virginia Univ. - Law) have posted Reimagining Corporate Accountability: Moving Beyond Human Rights Due Diligence (New York University Journal of Law & Business, Vol. 18, no. 3, Summer 2022). Here's the abstract:

The global movement towards the adoption of human rights due diligence laws is gaining momentum. Starting in France, moving to Germany, and now at the European Union level, lawmakers are heeding the call to mandate that companies conduct human rights due diligence throughout their global operations. The situation in the United States is very different: although ESG (environmental, social, and governance) has received increasing national attention, there is currently no law that mandates corporate human rights due diligence.

Recognizing this disparity and acknowledging the specific context for ESG-related issues in the United States, we consider how the United States could provide clarity and direction to corporate America and global leadership on business and human rights. Our assessment reveals that while due diligence models have rapidly become the global standard for increasing corporate human rights accountability, there is concern that the legislative frameworks being adopted in Europe fail to live up to their promise.

We assess a bold and novel legislative proposition for the United States: a human rights due diligence law that is patterned after the influential anti-bribery statute, the Foreign Corrupt Practices Act. The proposal—which we coin as the due diligence + model—provides a unique response to corporate human rights abuses by combining an outright prohibition on certain serious human rights violations with due diligence and record-keeping obligations. We offer a first-of-its-kind analysis that provides crucial insight to lawmakers in the United States and around the world as they seek to craft new regulatory regimes for corporate accountability.

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 26, no. 7, 2022) is out. Contents include:

• Special Issue: Judicial Activism in an Age of Populism
• Zoltán Szente & Fruzsina Gárdos-Orosz, The impact of populism on constitutional interpretation in the EU Member States
• Michal Kovalčík, The instrumental abuse of constitutional courts: how populists can use constitutional courts against the opposition
• Jan Petrov, (De-)judicialization of politics in the era of populism: lessons from Central and Eastern Europe
• Max Steuer, Authoritarian populism, conceptions of democracy, and the Hungarian Constitutional Court: the case of political participation
• Hubert Smekal, Jaroslav Benák & Ladislav Vyhnánek, Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism
• Oscar Gakuo Mwangi, Judicial activism, populism and counterterrorism legislation in Kenya: coalition for Reform and democracy (CORD) & 2 others v Republic of Kenya & 10; others [2015]
• Tarun Arora, Pandemic and community’s sense of justice through suo motu in India
• Victor Molina, Abortion, same-sex marriage, and gender identity during the Pink Tide: Venezuela compared to Latin American trends

New Issue: Human Rights Review

The latest issue of the Human Rights Review (Vol. 23, no. 3, September 2022) is out. Contents include:

• Kirstin Wagner, Susan A. Bartels, Sanne Weber & Sabine Lee, UNsupported: The Needs and Rights of Children Fathered by UN Peacekeepers in the Democratic Republic of Congo
• Evan W. Sandlin, The Trump Administration Versus Human Rights: Executive Agency or Policy Inertia?
• Madeline Baer, Beyond Consensus: Contesting the Human Rights to Water and Sanitation at the United Nations
• Alexander Zahar, Human Rights Law and the Obligation to Reduce Greenhouse Gas Emissions
• Armando Aliu & Dorian Aliu, The EU’s Hospitality and Welcome Culture: Conceiving the “No Human Being Is Illegal” Principle in the EU Fundamental Freedoms and Migration Governance

Haque: Peremptory Norms and Fundamental Values

Adil Ahmad Haque (Rutgers Univ. - Law) has posted Peremptory Norms and Fundamental Values. Here's the abstract:

The International Law Commission recently adopted a set of draft conclusions and commentaries on peremptory norms of general international law (jus cogens). It’s quite likely that the ILC’s work will be widely viewed as a definitive restatement of the law in this area. But the conclusions are at best ambiguous about what holds this area of law together. And, on balance, the commentaries tend to favor the view that non-derogability lies at the center of it all, explaining characteristics like hierarchical superiority and universal applicability, as well as consequences like the invalidity of conflicting rules. That’s the view I will reject.

My basic claim will be that peremptory norms—their characteristics, their consequences, and their content—are best explained by their moral function of reflecting and protecting the fundamental values of the international community. In contrast, the formal characteristic of non-derogability is a consequence of this moral function, rather than a basic or fundamental feature. This understanding makes us better positivists, because we better understand what this human artifact is for, how its various features enable it to perform its function, and why the dynamic process through which international law navigates its own uncertainties invites normative argument into legal reasoning. Since peremptory norms underwrite the unity of the international legal order, this understanding places consensus and contestation over fundamental values at the very heart of international law.

Helfer & Land: The Facebook Oversight Board's Human Rights Future

Laurence R. Helfer (Duke Univ. - Law) & Molly K. Land (Univ. of Connecticut - Law) have posted The Facebook Oversight Board's Human Rights Future. Here's the abstract:

Responses to the new Oversight Board created by Facebook (now Meta) have run the gamut from enthusiastic to overtly suspicious. Many observers are highly skeptical of the Board’s ability to hold Meta accountable or protect the rights of the platform’s users because of its narrow jurisdiction and nonexistent enforcement power. We argue that the skeptics incorrectly compare the Board to a domestic court. The central dilemmas and challenges that the Oversight Board faces—as a body of consent-based jurisdiction and constrained authority—are similar to those confronted by international human rights tribunals.

Viewing the Oversight Board as a de facto human rights tribunal sheds light on the strengths and weaknesses of the Board’s structure, decision-making, and potential future trajectory. Key design features that observers have criticized are, we argue, strengths the Board can use to expand its authority over time, develop human rights norms, and influence other efforts to regulate social media platforms. In fact, when compared to human rights tribunals, the Board’s achievements are impressive. In just two years, it has issued decisions on issues ranging from hate speech to misinformation, pushed Meta to give more consideration to the context of speech, and obtained important concessions from the company regarding transparency, government take-down requests, and the impact of content moderation on marginalized communities.

This Article is the first to examine the human rights origins of the Oversight Board, its strategies for pressuring Meta to improve its content moderation policies, and how it is extending human rights norms to private social media companies. We complement this analysis with a range of recommendations for the Board to be even more effective, as well as explore possible risks and challenges, including backlash, whitewashing, and negative spillover. Our sanguine vision of the Board’s future is thus by no means assured. Nonetheless, when viewed in light of the experience of international human rights tribunals, the Board has the potential to serve as an important check on Meta and to significantly advance the promotion and protection of human rights online.

Kübek, Tams, & Terhechte: Handels- und Zusammenarbeitsabkommen EU/VK

Gesa Kübek (Univ. of Groningen), Christian J. Tams (Univ. of Glasgow), & Jörg Philipp Terhechte (Leuphana Universität Lüneburg; Univ. of Glasgow) have published Handels- und Zusammenarbeitsabkommen EU/VK (Nomos 2022). Here's the abstract:

This volume provides a comprehensive account of the EU-UK Trade and Cooperation Agreement - the first book-length treatment of this central post-Brexit Treaty.

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 37, nos. 1-2, Winter/Spring 2022) is out. Contents include:

• Special Issue - 20th Anniversary of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA)
• Campbell McLachlan, James Crawford AC SC FBA (1948–2021): The General Law of State Responsibility and the Specific Case of Investment Claims
• James Crawford & Freya Baetens, The ILC Articles on State Responsibility: More than a ‘Plank in a Shipwreck’?
• Carlo de Stefano, Attribution of Conduct to a State
• Sean D Murphy, Temporal Issues Relating to BIT Dispute Resolution
• Marcelo G Kohen & Patrick Dumberry, State Succession and State Responsibility in the Context of Investor-State Dispute Settlement
• August Reinisch & Sara Mansour Fallah, Post-Termination Responsibility of States?—The Impact of Amendment/Modification, Suspension and Termination of Investment Treaties on (Vested) Rights of Investors
• Eran Sthoeger & Christian J Tams, Swords, Shields and Other Beasts: The Role of Countermeasures in Investment Arbitration
• Lu Wang & Wenhua Shan, Force Majeure and Investment Arbitration
• Federica Paddeu & Michael Waibel, Necessity 20 Years On: The Limits of Article 25
• Patrick W Pearsall, Causation and the Draft Articles on State Responsibility
• Hussein Haeri, Clàudia Baró Huelmo, & Giacomo Gasparotti, International State Responsibility and Internal Law in Investment Arbitration: A Hierarchy of Sorts
• Donald McRae, State Responsibility and Compliance with Provisional Measures under ICSID
• Aniruddha Rajput, Non-Compliance with Investment Arbitration Awards and State Responsibility
• Natalie L Reid & Romain Zamour, State Responsibility and Corruption in the Context of Investor-State Disputes
• Martins Paparinskis, Crippling Compensation in the International Law Commission and Investor–State Arbitration
• Michelle Bradfield & David Attanasio, Non-Pecuniary Remedies Revisited: Expanding Influence of the ILC Articles?
• Christina L Beharry & Juan Pablo Hugues, Article 38: The Treatment of Interest in International Investment Arbitration
• Peter Muchlinski, Can International Investment Law Punish Investor’s Human Rights Violations? Copper Mesa, Contributory Fault and its Alternatives
• Esmé Shirlow & Kabir Duggal, The ILC Articles on State Responsibility in Investment Treaty Arbitration
• Prabhash Ranjan, Cairn Energy v India: Continuity in the Use of ILC Articles on State Responsibility
• Sarah Cassella, Unión Fenosa Gas v Egypt: The Necessity Defense: Much Ado about Nothing?
• Csaba Kovács, Staur Eiendom AS and others v Latvia: From Warsaw to Riga: The Role of Exceptional Circumstances in the Attribution of the Conduct of State Enterprises to the State under the ILC Articles
• Kiran Nasir Gore & Gloria M Alvarez, The 2001 ILC Articles on State Responsibility—An Annotated Bibliography

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 28, no. 3, September 2022) is out. Contents include:

• Senem Aydın-Düzgit, Bahar Rumelili, & Alp Eren Topal, Challenging anti-Western historical myths in populist discourse: re-visiting Ottoman Empire–Europe interaction during the 19th century
• Anastasia Shesterinina, Civil war as a social process: actors and dynamics from pre- to post-war
• Evan N. Resnick, Interests, ideologies, and great power spheres of influence
• Dov H. Levin & Tetsuro Kobayashi, The art of uncommitment: the costs of peacetime withdrawals from alliance commitments
• Laust Schouenborg, The corruption of international society? General and complete disarmament from the perspective of the practitioners
• Rebecca Adler-Nissen & Kristin Anabel Eggeling, Blended Diplomacy: The Entanglement and Contestation of Digital Technologies in Everyday Diplomatic Practice
• Hortense Jongen & Jan Aart Scholte, Inequality and legitimacy in global governance: an empirical study
• Benjamin Raynor, The shadow of sanctions: reputational risk, financial reintegration, and the political economy of sanctions relief
• Joachim Blatter & Johannes Schulz, Intergovernmentalism and the crisis of representative democracy: The case for creating a system of horizontally expanded and overlapping national democracies

Scheu, Hofmann, Schill, & Tams: Investment Protection, Human Rights, and International Arbitration in Extraordinary Times

Julian Scheu (Univ. of Cologne), Rainer Hofmann (Johann-Wolfgang-Goethe Universität Frankfurt), Stephan W. Schill (Univ. of Amsterdam), & Christian J. Tams (Univ. of Glasgow) have published Investment Protection, Human Rights, and International Arbitration in Extraordinary Times (Nomos 2022). The table of contents is here. Here's the abstract:

The interaction of investment protection, human rights, and international arbitration is complex. Theories on their interaction are helpful starting points. At the same time, general formulas reach their limits as soon as it comes to evaluating concrete issues. In twelve chapters, the present volume therefore analyses different thematic interactions between investment law and human rights in order to develop a more context-specific understanding.

Deplano: Empirical and Theoretical Perspectives on International Law: How States Use the UN General Assembly to Create International Obligations

Rossana Deplano (Univ. of Leicester - Law) has published Empirical and Theoretical Perspectives on International Law: How States Use the UN General Assembly to Create International Obligations (Cambridge Univ. Press 2022). Here's the abstract:

The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly.

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 24, no. 4, 2022) is out. Contents include:

• Special Issue: Regime Interaction and “Unwanted Migration”: From Hostility to Emancipation
• Violeta Moreno-Lax & Niovi Vavoula, The (Many) Rules and Roles of Law in the Regulation of “Unwanted Migration”
• Sheona York, Does the UK Home Office Care about the Rule of Law? Implications for “Unwanted Migrants”
• Andrew Pitt, Bordering Asylum in Post-Brexit Britain: Lessons from the UK’s Detained Fast Track and the Marginalisation of International Human Rights Safeguards
• Sara Palacios-Arapiles, European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme
• Marta Minetti, International Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’: An Italian Cautionary Tale
• Maria-Louiza Deftou, The Road to the EU’s Accession to the ECHR: Reshaping the ECtHR-CJEU Judicial Interaction in Cases of ‘Unwanted Migration’?
• Nicolette Busuttil, The UN Disability Rights Convention and EU Fundamental Rights: What Role for the Convention in the Protection of ‘Unwanted Migrants’?

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 30, no. 3, August 2022) is out. Contents include:

• Joseph Nwazi, An Evaluation of Environmental Criminal Liability and Enforcement in Nigeria
• Jackson Oldfield, Zoning Control: Revisiting the Brussels Conference Act of 1890 and Its Legacy into the Twentieth Century
• Dorcas Basimanyane, The Regulatory Dilemma on Mass Communications Surveillance and the Digital Right to Privacy in Africa: The Case of South Africa
• David Tarh-Akong Eyongndi, The Administration of Criminal Justice Act and the Extinguishment of Trial de Novo in Nigeria: Far From Being Settled?
• Mumba Malila, Skirting the Justice System through Presidential Clemency in Zambia: Some Critical Reflections
• Kasim Balarabe, Valentine Tebi Mbeli & Abdulkareem Azeez, Assessing the Effectiveness of the Uganda Human Rights Commission vis-à-vis the Paris Principles Relating to the Status of National Human Rights Institutions

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 23, no. 4, 2022) is out. Contents include:

• Special Issue: CAI’s Contribution to International Investment Law: European, Chinese, and Global Perspectives
• Julien Chaisse & Matthieu Burnay, Introduction – CAI’s Contribution to International Investment Law: European, Chinese, and Global Perspectives
• G. Matteo Vaccaro-Incisa & Wojciech Giemza, Economic Integration via Novel Investment Agreements: CAI’s Focus on Market Access vis-à-vis the Current Bilateral Investment Treaties Between China and European Union Member States
• Xueji Su, Liberalising the Chinese Market: State-Owned Enterprise Disciplines in CAI
• Dominic Npoanlari Dagbanja, The CAI and Sustainable Development
• Kari Otteburn & Axel Marx, A Glass Half-Empty or Half-Full? An Assessment of the Labour Provisions in the CAI from Chinese and European Perspectives
• Xu Qian, Investment for Green Growth: An Analysis of the CAI Environmental Provisions
• Hervé AscensioThe International Settlement of Disputes Under the (Draft) CAI
• Matthieu Burnay & Kolja Raube, Obstacles, Opportunities, and Red Lines in the European Union: Past and Future of the CAI in Times of (Geo)-Politicisation

Inaugural Volume: Asian Yearbook of International Economic Law

The inaugural volume of the Asian Yearbook of International Economic Law (Vol. 2022) is out. Contents include:

• Theory and Trends
• Mia Mikic, Asian Century and Post-Pandemic Adjustments
• Michael Hahn, Interesting Times: Soft Law in International Economic Governance
• Trade and Investment
• Henry Gao, The EU-China Comprehensive Agreement on Investment: Strategic Opportunity Meets Strategic Autonomy
• Shintaro Hamanaka & Manjiao Chi, Commonalities and Differences in Investment Policies and Treaty Practices: A Comparative Study of China and Japan
• Prabhash Ranjan, Investor Obligations in India’s New Bilateral Investment Treaties: Emergence of New Treaty Practice
• Nanying Tao, Latest Developments of China’s Foreign Investment Policy and Law
• Special Focus: Competition Neutrality
• Filip Krenek & Eddy De Smijter, From a White Paper to a Proposal for a Regulation on Foreign Subsidies: Filling a Regulatory Gap in Protecting the EU Internal Market
• Jürgen Kühling, Thomas Weck, & Philipp Reinhold, Third-Country State Aid Regulation: The European Debate on Foreign Subsidies
• Jaemin Lee, Upgrading Subsidy Norms for the Digital Age: EU White Paper’s Contribution and Remaining Questions
• Achim Wambach, “Levelling the Playing Field”
• Alexandr Svetlicinii, State Capitalism in ASEAN: The State-Owned Enterprises Under the ASEAN Regional Competition Policy

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 27, no. 2, Summer 2022) is out. Contents include:

• Special Issue: Partnered Operations and International Law
• Emanuele Cimiotta, Andrea Harrison & Nicholas Tsagourias, Introduction to the Special Issue on Partnered Operations and International Law
• Cornelius Wiesener & Astrid Kjeldgaard-Pedersen, Ensuring Respect by Partners: Revisiting the Debate on Common Article 1
• Alexander Wentker, Partnered Operations and the Positive Duties of Co-Parties
• Benjamin R. Farley, Detainee Transfers and the Principle of Non-refoulement in Relation to ‘Non-belligerent Supporting States’ in Non-international Armed Conflicts
• Ralph Mamiya & Tobias Vestner, Revisiting the Law on UN Peace Operations’ Support to Partner Forces
• Anna Liguori, Overlap Between Complicity and Positive Obligations: What Advantages in Resorting to Positive Obligations in Case of Partnered Operations?
• Eleonora Branca, Complicity of States in Partnered Drone Operations

New Issue: Chicago Journal of International Law

The latest issue of the Chicago Journal of International Law (Vol. 23, no. 1, Summer 2022) is out. Contents include:

• Tom Ginsburg, Democracies and International Law: An Update
• Karen J. Alter, The Future of Embedded International Law: Democratic and Authoritarian Trajectories
• Aslı Ü. Bâli, The Limits of Prodemocratic International Law in Europe
• Stephen Cody, Dark Law on the South China Sea
• Shai Dothan, Violating International Law is Contagious
• Aleksandra Dzięgielewska, A Mimicry of International Law Compliance: How the Abusive Interpretation of International Norms Serves Poland’s Illiberal Regime
• Veronika Fikfak, Democracy and Statehood
• Aziz Z. Huq, International Institutions and Platform-Mediated Misinformation
• Tokujin Matsudaira, Tianxia, or another Grossraum? U.S.–China Competition and Paradigm Change in the International Legal Order
• Mariana Olaizola Rosenblat, The Role of Transnational Civil Society in Shaping International Values, Policies, and Law
• Brad R. Roth, Democratization’s Discontents: Rediscovering the Virtues of the Non-Intervention Norm
• Timothy Webster, Retooling Sanctions: China’s Challenge to the Liberal International Order

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 35, no. 3, September 2022) is out. Contents include:

• Editorial
• Panos Merkouris, Debating interpretation: On the road to Ithaca
• International Legal Theory: Symposium on International Thought and the Making of the Canon
• Paolo Amorosa & Claire Vergerio, Canon-making in the history of international legal and political thought
• Juan Pablo Scarfi, Francisco de Vitoria and the (geo)politics of canonization in Spain/America
• Seán Molloy, Reception, context and canonicity: The demonization, normalization and eventual proliferation of G. W. F. Hegel in international relations
• Jacob Giltaij, The rediscovery of the Roman jus gentium and the post 1945 international order
• Francesca Iurlaro, Between authority and (in)authenticity: How literary canons shaped jus gentium
• International Law and Practice
• Christian Schaller, Hardly predictable and yet an equitable solution: Delimitation by judicial process as an option for Greece and Turkey in the Eastern Mediterranean
• Arınç Onat Kılıç, Secondary objectives of the European Central Bank and economic growth: A human rights perspective
• Jakob Hohnerlein, Treaty rigidity and domestic democracy: Functions of and constitutional limits to democratic self-binding
• Donatella Alessandrini, Global value chains, development and the long duree of trade and investment law
• Hague International Tribunals: International Court of Justice
• James Gerard Devaney, The role of precedent in the jurisprudence of the International Court of Justice: A constructive interpretation
• International Criminal Courts and Tribunals
• Carmel O’Sullivan, New court, same division: The Bemba case as an illustration of the continued confusion regarding the command responsibility doctrine
• Panagiota Kotzamani, Towards a unified approach to superior responsibility in international criminal law: Establishing the links between participation to the crime and the superior responsibility doctrine
• Lloyd T. Chigowe, The ICC and the situation in Afghanistan: A critical examination of the role of the Pre-Trial Chambers in the initiation of investigations proprio motu

Eichensehr: Not Illegal: The SolarWinds Incident and International Law

Kristen Eichensehr (Univ. of Virginia - Law) has posted Not Illegal: The SolarWinds Incident and International Law (European Journal of International Law, forthcoming). Here's the abstract:

In 2021, the United States and other governments formally blamed Russia for a wide-ranging hacking campaign that breached the update process for SolarWinds Orion network monitoring software and used that access to compromise numerous government agencies, companies, and other entities. Despite denouncing Russia’s cyberespionage and imposing sanctions, the United States did not call Russia’s actions illegal as a matter of international law—and for good reason. Based on the publicly available facts, this article argues that the SolarWinds incident likely did not run afoul of international law as it currently stands. The article considers the prohibitions on the use of force and intervention, emerging rules with respect to cyber operations and violations of sovereign and due diligence, and international human rights law, and it concludes with some reflections on the role of states and scholars in decisions about whether to close gaps in international law.

Meise: U.S. Climate Commitments in the Wake of West Virginia v. EPA

Alexandra A.K. Meise (Northeastern Univ. - Law) has posted an ASIL Insight on U.S. Climate Commitments in the Wake of West Virginia v. EPA.

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 62, no. 3, Spring 2022) is out. Contents include:

• Janet E. Lord, Elizabeth Heideman, & Michael Ashley Stein, Advancing Disability Rights-Based Refugee and Asylum Claims
• Mark Jia, Special Courts, Global China

Call for Papers: Emerging Voices Panel – International Law Weekend 2022

A call for papers has been issued for an Emerging Voices Panel for International Law Weekend 2022. The theme is "The Next 100 Years of International Law." The deadline is August 28, 2022. The call is here.

New Issue: Revue belge de droit international

The latest issue of the Revue belge de droit international (2020, no. 2) is out. Contents include:

• Special issue : Western Sahara on the edges of international law
• A. Lagerwall & T. Ruys, Introduction
• H. Placentino, Accords commerciaux et territoires occupés : réflexions sur la jurisprudence de la CJUE relative au Sahara occidental à la lumière des obligations internationales de l’Union européenne
• H. Corell, Keynote address on Western Sahara at the 2019 annual conference of the Belgian Society of International Law
• J.J. Smith, La compétence de la souveraineté : reflections on the nature and expression of Saharawi consent after the CJUE judgments of 29 September 2021
• F. Dubuisson, Libres propos sur les positions juridiques des autorités de l’Union européenne justifiant l’application au Sahara occidental des accords économiques conclus avec le Maroc : la remise en cause des acquis du droit de la décolonisation ?
• Études
• T. Ruys & T. Baecke, Haunted by the past? Belgium’s international responsibility for the atrocities of the Congo Free State and the question of State succession in matters of international responsibility
• I.R. Pavone, The COVID-19 pandemic, vaccine nationalism and distributive dilemmas
• F.M. Gómez Pulisich, The lack of circumvention of the principle of State consent to judicial settlement in the Advisory Jurisdiction of the International Court of Justice
• S. Karagiannis, Une zone maritime méconnue : la zone de sécurité autour des installations artificielles en mer
• R. Kolb, La violation substantielle d’un traité de frontière peutelle donner lieu aux conséquences juridiques prévues à l’article 60 de la CVDT ?

New Issue: International Organization

The latest issue of International Organization (Vol. 76, no. 3, Summer 2022) is out. Contents include:

• Articles
• Joshua D. Kertzer, Marcus Holmes, Brad L. LeVeck, & Carly Wayne, Hawkish Biases and Group Decision Making
• Suparna Chaudhry, The Assault on Civil Society: Explaining State Crackdown on NGOs
• Andrew H. Kydd, Penalizing Atrocities
• Nicolas Jabko & Sebastian Schmidt, The Long Twilight of Gold: How a Pivotal Practice Persisted in the Assemblage of Money
• Brian C. Rathbun & Caleb Pomeroy, See No Evil, Speak No Evil? Morality, Evolutionary Psychology, and the Nature of International Relations
• Research Notes
• Swati Srivastava, Corporate Sovereign Awakening and the Making of Modern State Sovereignty: New Archival Evidence from the English East India Company
• Haillie Na-Kyung Lee & Yu-Ming Liou, Where You Work Is Where You Stand: A Firm-Based Framework for Understanding Trade Opinion
• Eddy S.F. Yeung & Kai Quek, Relative Gains in the Shadow of a Trade War

New Issue: Asian Journal of International Law

The latest issue of the Asian Journal of International Law (Vol. 12, no. 2, July 2022) is out. Contents include:

• Notes and Comments
• Shin-ichi Ago, A Few Thoughts about the Concepts of International Administrative Tribunals and International Administrative Law
• Anne Trebilcock, Approaches to Discrimination Claims: A Comparison of the Administrative Tribunals of the Asian Development Bank and the Inter-American Development Bank Group
• Chris De Cooker, Proliferation of International Administrative Tribunals
• Raul C. Pangalangan, Judicial Review at the Asian Development Bank Administrative Tribunal
• Harsh Mahaseth & Samyuktha Banusekar, Living in the Shadows: Rohingya Refugees in Malaysia
• Articles
• Raphael Lorenzo A. Pangalangan, Command Responsibility in the Times of Tokhang: Defining Military-likeness under Article 28(a) of the Rome Statute
• Sujith Xavier, Locating and Situating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers
• Gabriel Garcia, Bienvenida China: The Role of International Economic Law in China's Economic Relations with Latin America and the Caribbean
• Yuxi Feng, Ancient China and the Responsibility to Protect: An Under-Studied Topic of Legal History
• Wenting Cheng, Intellectual Property and International Clean Technology Diffusion: Pathways and Prospects

Casolari & Gatti: The Application of EU Law Beyond Its Borders

Federico Casolari (Univ. of Bologna - Law) & Mauro Gatti (Univ. of Bologna - Law) have published The Application of EU Law Beyond Its Borders (CLEER Papers 2022/3). This volume is available open access. The table of contents is here. Here's a summary:

This publication is the result of work conducted at the 6th Jean Monnet Doctoral Workshop: The Extraterritorial Application of EU Law: A Contribution to its Global Reach. The Workshop sought to stimulate reflections on the application of EU law beyond its borders, by stressing its legal implications for EU external action and the EU legal order as a whole.