Wednesday, December 27, 2023
Call for Papers: L'histoire du droit de la mer, la mer dans l'histoire du droit
A call for papers has been issued for a conference on "L'histoire du droit de la mer, la mer dans l'histoire du droit," to take place May 30-June 2, 2024, at the Université de Toulon. The call is here.
Stahn: The International Criminal Court in Its Third Decade: Reflecting on Law and Practices
This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.
Abely: The Russia Sanctions: The Economic Response to Russia's Invasion of Ukraine
In The Russia Sanctions, Christine Abely examines the international trade measures and sanctions deployed against Russia in response to its 2022 invasion of Ukraine. Abely situates contemporary sanctions within their larger historical and economic backgrounds and provides a uniquely accessible analysis of the historic export controls and import restrictions enacted since 2022. She argues that these sanctions have affected, and will continue to affect, global trading patterns, financial integration, and foreign policy in novel ways. In particular, she examines the effects of sanctions on energy, food, fertilizer, the financial system, and the global use of the US dollar, including trends of de-dollarization. Coverage includes sanctions against oligarchs, the freezing and seizure of assets, and steps taken to make sanctions more effective by promoting financial transparency worldwide.
Maljean-Dubois & Peel: Climate Change and the Testing of International Law / Le droit international au défi des changements climatiques
Climate change poses threats of great seriousness and urgency for humanity and the planet. As an issue that cuts across all domains of human activity, creates scientific uncertainties, and leads to wide-ranging socio-economic and environmental impacts, it also challenges conventional rules, sources, structures, institutions and approaches in international law. This volume contains the work of the 2022 Centre for Studies and Research on this important and timely topic of climate change and the testing of international law. Using the challenge of climate change as an experimental laboratory for international legal innovation, the contributions in this volume seek to measure the capacity of international law across a broad range of fields — from peace and security law, to investment law, trade, human rights and many other areas — to adapt and evolve, and as a catalyst for designing the international law of the future. It traces a progressive “climatization” of international law occurring under the transformative influence of the climate problem, highlighting both international law’s potential for creative responses, as well as areas where its rules and structures are not fit-for-purpose and require more radical overhaul to better match the scale and urgency of the challenge of addressing climate change.
Les changements climatiques font peser des menaces particulièrement graves et urgentes sur l’humanité et la planète. Objets d’incertitudes scientifiques, touchant tous les domaines de l’activité humaine et porteurs de conséquences socio-économiques et environnementales de grande ampleur, les changements climatiques affectent en profondeur les principes, sources, mécanismes et institutions du droit international. Ce volume contient les travaux du Centre d’étude et de recherche en 2022 qui ont porté sur un sujet à la fois important et d’une grande actualité : la mise à l’épreuve du droit international par les changements climatiques. En voyant dans le défi posé par les changements climatiques un laboratoire expérimental, les contributions réunies dans ce volume s’attachent à mesurer la capacité du droit international dans un large éventail de domaines (du droit de la paix et de la sécurité internationales, au droit des investissements ou du commerce, aux droits de l’homme et à bien d’autres encore) à s’adapter et à évoluer, et à servir de catalyseur pour fabriquer le droit international du futur. L’ouvrage témoigne de la « climatisation » progressive du droit international pour faire face au problème climatique. Il souligne de ce point de vue à la fois la flexibilité et les forces créatrices du droit international, mais aussi l’inadaption de certains de ses mécanismes et règles, qui requièrent des changements plus radicaux pour être à la hauteur de l’ampleur et de l’urgence du défi majeur que représente aujourd’hui la lutte contre les changements climatiques.
Negm: An Introduction to the African Union Environmental Treaties
An Introduction to the African Union Environmental Treaties sheds light on the African Union legal regime related to environmental issues and provides expert analysis of how the African Union has transitioned from the former management of natural resources approach to strategies of preservation and protection. This book explores different areas of the environment, from livestock to plants, fertilizers, minerals and marine environment. Ambassador Namira Negm convincingly demonstrates the extent to which environmental issues are of critical importance to the African Union. Together with insightful commentary, the book provides full treaty texts and is an indispensable resource for all those interested in the African Union and environmental legal regimes.
New Issue: Global Governance: A Review of Multilateralism and International Institutions
- John W. Holmes Memorial Lecture
- Bintou Keita, A Counter-Case to Fallacies and “-isms”: The Conundrum of Protecting Civilians in a Complex Environment and an Accelerated Transition
- Articles
- Louise Olsson, Patty Chang & Angela Muvumba Sellström, Examining E10 Strategies and Decisions: Sweden and Women, Peace and Security in the UN Security Council
- John Karlsrud & Allard Duursma, Norm Fixation: The Role of Implementation Practices in the Development of the Protection of Civilians Norm
- Vesselin Popovski, The Right to International Solidarity
- Younes Ahouga, The International Organization for Migration as a Counterweight to States? The 2030 Agenda, the GCM, and the Strategic Vision of IOM
- Rafael Mesquita, The Road Most Traveled By: Three Hypotheses about Influential Norms at the United Nations General Assembly Identified by Main Path Analysis
- Melanie van Driel, Frank Biermann, Rakhyun E. Kim & Marjanneke J. Vijge, The UN Regional Commissions as Orchestrators for the Sustainable Development Goals
New Issue: Global Responsibility to Protect
The latest issue of Global Responsibility to Protect (Vol. 16, no. 1, 2024) is out. Contents include:- Adrian Gallagher, Blake Lawrinson, Gillian McKay, & Richard Illingworth, The Responsibility to Protect: a Bibliography
New Issue: Journal of International Wildlife Law & Policy
The latest issue of the Journal of International Wildlife Law & Policy (Vol. 26, no. 3, 2023) is out. Contents include:- Ziying Liang, The PRC’s New Approach to Deterring Pangolin Crime and the Concept of Criminal Incidental Civil Public Interest Litigation
- Meganne Natali, A Loophole in Article VII of CITES: A Case Against Annex I Species Breeding
- Simeneh Admasu, Paul Scholte & Lakew Berhanu, The State of Protected Areas and Conservation of Ethiopia’s Iconic Large Mammals: Implications for the Post-2020 Global Biodiversity Framework
Tuesday, December 26, 2023
New Issue: Nordic Journal of International Law
The latest issue of the Nordic Journal of International Law (Vol. 92, no. 4, 2023) is out. Contents include:- Sarah Thin, Guardians of Legality? The International Judicial Function in an Era of Community Interest
- Solon Solomon & Ya’akov M. Bayer, Is All Mental Harm Equal? The Importance of Discussing Civilian War Trauma from a Socio-Economic Legal Framework’s Perspective
- Cian Moran, “Congratulations, you are Being Liberated. Please do not Resist”: Russia’s Wars and the Protection of Nationals under International Law
- Simon McKenzie, Sovereign Immunity of Uncrewed Surveillance Vehicles and the Limits of Enforcement Jurisdiction
- Medy Dervovic & Katharina Heinrich, Law-Science Nexus in International Law-Making: Perspectives from Arctic Fisheries Governance
Zemach: The International Norm Against Unjust Enrichment and State Enrichment Through the Harmful Conduct of Private Parties
Ariel Zemach (Ono Academic College - Law) has posted The International Norm Against Unjust Enrichment and State Enrichment Through the Harmful Conduct of Private Parties (University of Pennsylvania Journal of International Law, Vol. 45, No. 1, 2023). Here's the abstract:
States are often enriched by the flow to their coffers of wealth accrued to private actors through internationally harmful conduct such as overfishing, acts causing transboundary air or marine pollution, cyber attacks, and international corruption. A portion of the wealth acquired by private actors through such conduct is often passed on to the state through its tax system. This article argues that this form of income to the state triggers the application of the international norm against unjust enrichment. Under the international law of unjust enrichment, such income could give rise to a duty of restitution owed by the enriched state to any state harmed by the conduct of the private actors.
This article argues that the purposes of the norm against unjust enrichment – promoting individual justice between parties and removing incentives for wrongful conduct – require its application in international law to the indirect enrichment of a state as a result of internationally harmful conduct by its taxpayers. Such application of the international norm against unjust enrichment is particularly important because of (a) evidentiary difficulties in the international arena, which significantly erode the efficacy of the remedial regime that is based on the rules concerning the responsibility of states for internationally wrongful conduct; (b) the unavailability in international law of a cause of action against private actors engaging in internationally harmful conduct; and (c) the limited capacity of a state harmed by the conduct to recover from such actors under its domestic legal system. The article suggests that the purview of the international norm against unjust enrichment extends to situations of an indirect link between the loss of the claimant state and the gain of the enriched state, provided that such link is sufficiently close.
New Volume: Baltic Yearbook of International Law
- Editorial Note
- Ineta Ziemele, The Baltic States and Russia’s War against Ukraine
- Special Theme: The Baltic States and Russia’s War against Ukraine
- Vilenas Vadapalas, Use of Force and Circumstances Excluding Responsibility in International Law
- Andrew Drzemczewski & Rick Lawson, Exclusion of the Russian Federation from the Council of Europe and the ECHR: an Overview
- Janis Grasis, Old Wine in New Bottles: Latvia 1940 Compared with Crimea 2014
- Lyra Jakulevičienė, Temporary Protection of Ukrainians and Baltic Refugees in the Context of Aggression: Approaches, Challenges, Solutions
- Meit Grossmann, The Forest Brothers in the Soviet-Occupied Baltic States
- General Articles
- Ulf Linderfalk, Justification or Discovery? – A New Way to a Fuller Understanding of the Law on Treaty Interpretation
- Sevanna Poghosyan, The Soviet View on Democracy in International Law
Pacheco Restrepo: Regime Interaction in International Forest Law: The Role of Secondary Law of Forest-related Multilateral Environmental Agreements
Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
Monday, December 25, 2023
Bartelson: Becoming International
When and how did the modern world become an international one? Jens Bartelson, a leading scholar of the history of international thought, provides new answers to this question by analyzing how relations between polities have been conceptualized across different historical contexts from the sixteenth century to the present day. A global intellectual history of the international system, this book challenges the widespread assumption that this system emerged as a result of a transition from empires to states, instead proposing that the international realm is but a continuation of imperial relations by other means. Showing how the international system spread through the creative appropriation of European concepts of nation and state by non-Europeans, Bartelson argues that this system has taken on a life of its own, to the point of becoming an empire in its own right.
New Issue: Arbitration International
- Articles
- Emmanuel Gaillard, Seven dirty tricks to disrupt an arbitration and the responses of international arbitration law
- Mees Brenninkmeijer, Jurisdictional overlap between domestic courts and investment arbitration: an occasion for judicial dialogue
- Andrew Ling, Neither express nor implied: rethinking governing law of the arbitration agreement
- Raphael Ren, Shareholder reflective loss: a bogeyman in investment treaty arbitration?
- Recent Development
- Hany Ashtal, Blockades and international investment treaties
New Issue: Journal of Conflict & Security Law
The latest issue of the Journal of Conflict & Security Law (Vol. 28, no. 3, Winter 2023) is out. Contents include:- Dieter Fleck, Irreversibility in nuclear arms control and disarmament law?
- Frédéric Mégret, Why Prosecuting Aggression in Ukraine as a Crime Against Humanity Might Make Sense
- Sarina Landefeld, The Changing Significance of Nationality for the Protection of Civilians in the Hands of a Party to an International Armed Conflict
- Stefan Robert McClean, From Theory to Reality: A Definition for the Termination of Non-International Armed Conflicts
- Barry de Vries, Recent Developments in the National Implementation of Biological Weapons Convention: What Happened Since Resolution 1540?
- Anna Hood, Roadblocks to Disarmament in the Nuclear Non-Proliferation Treaty System
New Issue: Korean Journal of International and Comparative Law
- Won-Mog Choi, Indo-Pacific Strategy: Korea and the World
New Issue: Cooperation and Conflict
- Natalia Chaban, Svitlana Zhabotynska, & Michèle Knodt, What makes strategic narrative efficient: Ukraine on Russian e-news platforms
- Rasmus Pedersen, Small states shelter diplomacy: Balancing costs of entrapment and abandonment in the alliance dilemma
- Emil Sondaj Hansen, Post-colonial gaslighting and Greenlandic independence: When ontological insecurity sustains hierarchy
- Lior Lehrs, Interlocking peace processes: Between competing and complementing peacemaking efforts in interlocking conflicts
- Ueli Staeger, Resource mobilization in security partnerships: Explaining cooperation and coercion in the EU’s partnership with the African Union
- Sören Stapel, Diana Panke, & Fredrik Söderbaum, Regional international organizations in Africa as recipients of foreign aid: Why are some more attractive to donors than others?
- Amal Bourhrous & Dylan O’Driscoll, Everyday peace in the Ninewa Plains, Iraq: Culture, rituals, and community interactions
New Issue: European Convention on Human Rights Law Review
- Special Issue: The Evidentiary System of the European Court of Human Rights in Critical Perspective
- Marie-Bénédicte Dembour, The Evidentiary System of the European Court of Human Rights in Critical Perspective
- Marie-Bénédicte Dembour, Beyond Reasonable Doubt at its Worst – But Also at its Potential Best: Dissecting Ireland v the United Kingdom’s No-Torture Finding
- Kristin Henrard, The European Court of Human Rights and the ‘Special’ Distribution of the Burden of Proof in Racial Discrimination Cases: The Search for Fairness Continues
- Joseph Finnerty, When is a State’s ‘Hidden Agenda’ Proven? The Role of the Merabishvili’s Three-Legged Evidentiary Test in the Article 18 Strasbourg Case Law
- Grażyna Baranowska, Exposing Covert Border Enforcement: Why Failing to Shift the Burden of Proof in Pushback Cases is Wrong
New Issue: International Criminal Law Review
The latest issue of the International Criminal Law Review (Vol. 23, nos. 5-6, 2023) is out. Contents include:- Special Issue: Lights and Shadows of the Ongwen Case at the International Criminal Court, Part 1
- Juan-Pablo Perez-Leon-Acevedo & Fabio Ferraz de Almeida, Lights and Shadows of the Ongwen Case at the International Criminal Court: An Overview
- Windell Nortje & Noëlle Quénivet, Fertile or Futile Grounds for Excluding Criminal Responsibility? A Critical Analysis of the Ongwen Judgment in Relation to the Claim of Coercive Environment
- Kathleen M. Maloney, Melanie O’Brien & Valerie Oosterveld, Forced Marriage as the Crime Against Humanity of ‘Other Inhumane Acts’ in the International Criminal Court’s Ongwen Case
- Linda Mushoriwa, The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice
- Demetra Fr. Sorvatzioti, Proportionality and Moral Blameworthiness in Ongwen’s icc Sentencing Decision
- Silvina Sánchez Mera, Fighters, Not Victims: On Victimhood Recognition and Gender Representations in the Enslavement Charges in the Ongwen Case
- Raghavi Viswanath & Fangyi Li, Constructing a Sensory Alternative to the Ongwen Judgment
New Issue: Asia-Pacific Journal of Ocean Law and Policy
- Special Issue: Addressing Traditional and Emerging Threats to Commercial Shipping in Southeast Asia
- Robert Beckman, Piracy and Armed Robbery against Ships in the Southeast Asia: A Critical Evaluation with a Focus on the Singapore Strait
- Natalie Klein, Responding to Maritime Terrorism in Southeast Asia: What Are the Alternatives to the 2005 SUA Protocol?
- Yann-huei Song, The U.S.-led Proliferation Security Initiative: Participation and Concerns of the ASEAN Member States
- Ishii Yurika, Attacks on Commercial Maritime Autonomous Surface Ships at Sea
- Dita Liliansa, Threats to Commercial Shipping during International Armed Conflicts: Lessons for Southeast Asia from the Russia-Ukraine Conflict
- Trung Nguyen, The Challenges of Dark Ships to the Safety and Security of Commercial Shipping and the Way Forward
- Vu Hai Dang & Su Wai Mon, Improving Maritime Cybersecurity in Southeast Asia: Suggestions for Further Action by ASEAN
New Volume: European Investment Law and Arbitration Review
- Articles
- Belen Olmos Giupponi, Enforcing Sustainability Assessing the Effectiveness of the EU’s Trade and Investment Policy in Promoting and Implementing Sustainable Development Provisions
- Marcin J. Menkes, Monetary Transfer Provisions and the Rule of Law from the International Investment Law Perspective 36 Boris Praštalo, On Corruption in International Arbitration Exploring the Topic through the Lens of the mol v. Croatia Saga
- Ahan Gadkari, Status of Contracts with Rebel Groups during a Civil War
- Essay Competition
- Daniel Pap, Dispelling Myths – The European Court of Human Rights as a Viable Alternative to Investor-State Dispute Settlement in the European Union (Winner of the Essay Competition 2023)
- Gülnur Ceylan, Observations on Taxation-Based Claims in International Investment Arbitration: Does the Power to Tax Involve the Power to Extinguish? (2nd Prize Winner of the Essay Competition 2023)
- Case-Notes
- Hugo Varenne & Núria Casas Cano, Latest Twist in the Komstroy Saga The Definition of “Investment” under the ect as Interpreted by the Paris Court of Appeal in Its Second Annulment Decision
- Trajan Shipley, ‘A Series of Unfortunate Events’ Opinion 1/20 and the Fate of the ect Modernisation Process
- Dilber Devitre & Prabhjot K. Singh, Yukos Capital Limited v The Russian Federation The Swiss Federal Supreme Court Upholds Interim and Final Award in the Yukos Saga
- Daniel Quintero Botero, Westmoreland v Canada A Precedent against the Transferability of Treaty Claims
- Matthew Peter Daminato, Whose Bond Is It Anyway? Interrogating the Tribunal Majority’s Application of Article 25(1) of the ICSID Convention in Adamakopoulos v Cyprus
- Alexander Dünkelsbühler, The ICJ’s Judgment in Certain Iranian Assets Consequences for Investment Disputes Arising Out of Economic Sanctions
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. 22, no. 3, 2023) is out. Contents include:- Symposium: Beyond State Consent to International Jurisdiction – From Courts to Law
- Freya Baetens, Foreword
- Irene Miano, Inherent Jurisdiction in the Practice of the International Court of Justice: A Tool to Trespass on or to Protect States’ Consent?
- Veronica Botticelli, “Between a (Procedural) Rock and a (Substantive) Hard Place”? Exploring Strategies and Current Trends of States’ Acceptance and Compliance with Human Rights Treaty Obligations
- Articles
- Rahul Mohanty, Situating “Deformalization” within the International Court of Justice: Understanding Institutionalised Informality
- Paul Gragl & Christian Breitler, The Past, Present, and Future of European Inter-State Disputes: A Modest Proposal for Reconciling Inter-State Cases in the Context of EU Accession to the ECHR
- Kanstantsin Dzehtsiarou, Keep Me in the Loop: Feedback Exchange between the European Court of Human Rights and States
Kleinlein: Change of Peremptory Norms of General International Law (Jus Cogens)
Thomas Kleinlein (Christian-Albrechts-Universität zu Kiel - Law) has posted an ESIL Reflection on Change of Peremptory Norms of General International Law (Jus Cogens).
Sunday, December 24, 2023
Cantú Rivera: The Universal Declaration of Human Rights: A Commentary
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
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