Tuesday, March 5, 2024

Kulick & Waibel: General International Law in International Investment Law: A Commentary

Andreas Kulick
(Eberhard Karls Universität Tübingen) & Michael Waibel (Univ. of Vienna) have published General International Law in International Investment Law: A Commentary (Oxford Univ. Press 2024). Here's the abstract:

General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions.

The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.

2024 Lauterpacht Memorial Lectures

On March 12-14, 2024, Beth Simmons (Univ. of Pennsylvania) will deliver the 2024 Sir Hersch Lauterpacht Memorial Lectures at the University of Cambridge. The topic is: "International Borders in an Interdependent World."

Monday, March 4, 2024

New Issue: International Theory

The latest issue of International Theory (Vol. 16, no. 1, March 2024) is out. Contents include:
  • Nancy Bertoldi, Property and international relations: lessons from Locke on anarchy and sovereignty
  • Mitja Sienknecht & Antje Vetterlein, Conceptualizing responsibility in world politics
  • Guillaume Beaumier, Marielle Papin, & Jean-Frédéric Morin, A combinatorial theory of institutional invention
  • Itamar Mann, Law and politics from the sea
  • Sebastian Schindler, Post-truth politics and neoliberal competition: the social sources of dogmatic cynicism
  • Marina Vulović & Filip Ejdus, Object-cause of desire and ontological security: evidence from Serbia's opposition to Kosovo's membership in UNESCO

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 17, no. 3, July 2023) is out. Contents include:
  • Editorial
    • M Brinton Lykes & Colleen Murphy, Decolonizing Transitional Justice: Soft, Radical or Beyond Reform
  • Articles
    • Tine Destrooper, Remembering Martial Law: An Eco-System of Truth Initiatives and the Emergence of Narrative Documentation in the Philippines
    • Anne Maree Payne & Heidi Norman, Truth-telling, Ancestral Remains and the Establishment of a National Resting Place in Australia
    • Erdem Çolak, Re-Politicizing the Traumatic Body through Art: Guillermo Núñez, Ariel Dorfman and the Political Transition in Chile
    • Anamaría Muñoz Rincón, The Complementarity Paradigm: Tracing the Transitional Justice Blueprint in the Inter-American System of Human Rights
    • Rosario Figari Layus & Juliette Vargas Trujillo, The ‘Domino Effect’ of Ongoing Violence on Transitional Justice: The Case of Colombia’s Special Jurisdiction for Peace
    • Anna Bryson & Kieran McEvoy, Human Rights Activism and Transitional Justice Advocacy in Northern Ireland
  • Notes from the Field
    • Michael Maguire, Notes from the Field: Lessons Learned from Investigating the Past in Northern Ireland
    • Roger Merino, Lost in Transition: Explaining Authoritarianism in Peru
    • Colleen Alena O’Brien, Imagining Collective Reincorporation: Perceptions of Colombia’s Novel Approach to Peacebuilding
  • Review Essay
    • James Gallen, The Challenges in Addressing Non-Recent Abuses in Ireland: Critical Engagements with Transitional Justice

Sunday, March 3, 2024

Cavari, Efrat, & Yair: Do International Rankings Affect Public Opinion?

Amnon Cavari (Reichman Univ.), Asif Efrat (Reichman Univ.), & and Omer Yair (Reichman Univ.) have published Do International Rankings Affect Public Opinion? (British Journal of Politics and International Relations, forthcoming). Here's the abstract:
International rankings push governments to adopt better policies by providing comparative information on states’ performance. How do citizens respond to this information? We answer this question through a preregistered survey experiment in Israel, testing the effect of rankings in the fields of human rights and the environment. We find that citizens respond to international rankings selectively. Informed about a high ranking given to their country, citizens tend to express a more positive assessment of the country’s performance. By contrast, they seem to dismiss poor rankings of their country. We further find that poor rankings on a polarising issue, such as human rights, might face a particularly strong resistance from citizens. Overall, our results engage with and support recent scholarship sceptical of the impact of international shaming on public opinion. Even gentle shaming – expressed through a low numerical grade – might not be well received by the public.

Saturday, March 2, 2024

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 25, no. 1, 2024) is out. Contents include:
  • Julien Chaisse & Joanna Lam, World Investment & Trade: Shaping the Narrative for a Sustainable Future
  • Milena Mottola, Development Aid Institutions in International Investment Law: towards a Holistic Approach to Development Financing Flows
  • Malebakeng Agnes Forere, Towards Foreign Direct Investment for Development in the Host State? Revisiting Charter Cities
  • Nicolette Butler & Jasem Tarawneh, A BIT of Protection for Non-Fungible Tokens: Digital Assets as a Catalyst for Economic Growth

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 21, no. 4, September 2023) is out. Contents include:
  • Article
    • Matthew Gillett & Wallace Fan, Expert Evidence and Digital Open Source Information: Bringing Online Evidence to the Courtroom
  • Symposia
    • Arab Perspectives on International Criminal Justice
    • Anan Alsheikh Haidar, Foreword
    • Noha Aboueldahab, Transitional Justice as Repression and Resistance: Practices in the Arab World
    • Ghuna Bdiwi, Should We Call for Criminal Accountability During Ongoing Conflicts?
    • Haykel Ben Mahfoudh, The Arab World and the International Criminal Court: Who Needs the Other More?
    • Nidal Nabil Jurdi, The Special Tribunal for Lebanon: Lessons from a Missed Legacy
    • Twenty Years of the German Code of Crimes Against International Law
    • Florian Jeßberger & Julia Geneuss, Foreword
    • Florian Jeßberger, A Short History of Prosecuting Crimes under International Law in Germany
    • Stefanie Bock, The German Code of Crimes Against International Law at Twenty: Overview and Assessment of Modern ‘German International Criminal Law’
    • Aziz Epik & Leonie Steinl, Shortcomings of a Showpiece: Reflections on the Need for Reform of the German Code of Crimes Against International Law and Challenges for its Application
    • Julia Geneuss, On the Relationship Between German International Criminal Law and Counter-terrorism Criminal Law
    • Wolfgang Kaleck & Andreas Schüller, Room for Improvement: A Critical Assessment of 20 Years of the Code of Crimes Against International Law in Germany from an NGO Perspective
  • Review Essay
    • Fin-Jasper Langmack, Syrian State Torture on Trial
  • Cases Before International Courts and Tribunals
    • Radhika Kapoor, ‘Is It Too Late Now to Say Sorry?’: Remorse at International Criminal Tribunals
    • Adaena Sinclair-Blakemore, The Admission of New Prosecutorial Evidence in International Criminal Retrials: An Assessment of the Exclusionary Rule in Stanišić and Simatović
    • Yulia Nuzban, Context Matters: The Use of Overview Expert Evidence in ICC Trials

Wednesday, February 28, 2024

Mishra: International Trade Law and Global Data Governance: Aligning Perspectives and Practices

Neha Mishra
(Geneva Graduate Institute) has published International Trade Law and Global Data Governance: Aligning Perspectives and Practices (Hart Publishing 2024). Here's the abstract:

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance.

Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.

Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.

As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules.

Call for Papers: Aesthetics of International Law and Politics

The European International Studies Association’s Regular Section on Aesthetics of International Law and Politics has issued a call for papers for the 2024 EISA Annual Conference, August 27-31, in Lille. The call is here.

Tuesday, February 27, 2024

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 39, no. 1, 2024) is out. Contents include:
  • In Memoriam Professor Alan Boyle (1953–2023)
  • Maruf Maruf & Yen-Chiang Chang, Strengthening the Regulatory Framework for the Conservation of Cetaceans and Migratory Marine Species against Anthropogenic Underwater Noise
  • Ceciel Nieuwenhout & Liv Malin Andreasson, The Legal Framework for Artificial Energy Islands in the Northern Seas
  • Tingting Ni, Junghwan Choi, & Jiancuo Qi, State Obligation in the East China Sea: Unilateral Activities and Countermeasures
  • Eduardo Gracias Baptista, The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC
  • Stephany Aw, Coastal State Duties in the Repair of Submarine Cables
  • Irini Papanicolopulu, The Law of the Sea in Past Scholarship
  • Valentin Schatz & Sara Wissmann, Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases

Monday, February 26, 2024

Conference: Forty-First Investment Treaty Forum Public Conference

On April 19, 2024, the British Institute of International and Comparative Law will host, in person and online, the Forty-First Investment Treaty Forum Public Conference. The theme is: "Contracts with States in International Investment Law." The program is here.

New Issue: Human Rights Law Review

The latest issue of the Human Rights Law Review (Vol. 24, no. 1, March 2024) is out. Contents include:
  • HRLR Symposium 2024
    • Dominic McGoldrick, Human Rights Law Review Symposiums 2023–25
    • Bosko Tripkovic & Alain Zysset, Uncovering the Nature of ECHR Rights: An Analytical and Methodological Framework
    • Corina Heri, Deference, Dignity and ‘Theoretical Crisis’: Justifying ECtHR Rights Between Prudence and Protection
    • Steven Wheatley, Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology
    • Lea Raible, Allocating Human Rights Obligations in the ECHR
    • Başak Çalı, Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights?
    • Alon Harel, The Tension between the National and ECHR Human Rights Adjudication: A Normative Account
  • Articles
    • Alero I Fenemigho, On the Road to Silent Guns: Examining the Regional Regulation of States’ Use of Force during Counterterrorism Policing in Africa
    • Luke D Graham, Reasserting the Right to Adequate Clothing in International Human Rights Law
    • Julen Etxabe, Borrowed Words and Judicial Gestalt: A Dialogical Reading of Hirst, the ECtHR and Prisoner Voting Rights
    • Daniel Ogunniyi, Climate Change and the Modern Slavery Conundrum in Africa: Reimagining the Relevance of Human Rights Law
    • Matthew Gillett, Yutaka Karukaya, & Mia Marzotto, Reconciling the Dual-Faceted Mandates of Quasi-Judicial Human Rights Bodies: The Working Group on Arbitrary Detention’s Prima Facie Approach to Evidence
    • Linnéa Nordlander, What’s in a Right? Concretizing States’ Climate Change Mitigation Obligations under Human Rights Law

Lecture: Guilfoyle on "Litigation as Statecraft: Small States and the Law of the Sea"

On March 11, 2024, Douglas Guilfoyle (Univ. of New South Wales - Law) will deliver a lecture (on Zoom) as part of the 2024 Public International Law Lecture Series. The topic is: "Litigation as Statecraft: Small States and the Law of the Sea." Details are here.

Online Roundtable: The Interplay between International Criminal Tribunals and Courts and Domestic Accountability

On March 25, 2024, the European Society of International Law's Interest Group on International Criminal Justice will hold an online roundtable discussion on "The Interplay between International Criminal Tribunals and Courts and Domestic Accountability." The speakers will include: Patryk I. Labuda, Geoffrey Lugano, Sarah Nouwen, and Elies van Sliedregt. Details are here.

Webinar: The Red Sea Crisis: Assessing the International Legal and Maritime Security Implications

As part of the Hague Initiative for Law and Armed Conflict Lecture Series, the T.M.C. Asser Instituut, in collaboration with the Amsterdam Center for International Law and the Netherlands Red Cross, will host a webinar on “The Red Sea Crisis: Assessing the International Legal and Maritime Security Implications,” on March 20, 2024. Details are here.

Sunday, February 25, 2024

Geneva Graduate Institute's International Law Colloquium for Spring 2024

The schedule for the Geneva Graduate Institute's International Law Colloquium for Spring 2024 is here.

Saturday, February 24, 2024

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 11, no. 3, November 2023) is out. Contents include:
  • Articles
    • Marina Veličković, Ethical challenges of using trial transcripts for research purposes: A case study of the International Criminal Tribunal for the Former Yugoslavia
    • Rémi Bachand, International economic institutions after neoliberalism: the Indo-Pacific Economic Framework for Prosperity as a blueprint?
    • Harry Hobbs and Jessie Hohmann, The cinderella stamps and philatelic practices of micronations: the materiality of claims to statehood
    • Lynsey Mitchell, International law as shibboleth: the continued appeal of heroic narratives in support of military intervention
  • Books etc. Symposium on #Help: Digital Humanitarianism and the Remaking of International Order by Fleur Johns
    • Margie Cheesman, Digital humanitarianism: Interfaces, infrastructures, and countercurrents
    • Claudia Aradau, The tangle of digital humanitarianism
    • Stephen Humphreys, Actuality of pure surface
    • Fleur Johns, Reading and writing at the interface

Thursday, February 22, 2024

Call for Submissions: Rosalyn Higgins Prize of The Law & Practice of International Courts and Tribunals

The journal The Law & Practice of International Courts and Tribunals has issued a call for submissions for the 2024 Rosalyn Higgins Prize. The call is here.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 39, no. 4, December 2023) is out. Contents include:
  • Articles
    • Andrea K Bjorklund, The road(s) not taken—the past, present, and future of international investment law reform
    • Phillip Landolt, The application of public interest norms in international commercial arbitration
    • Georg Scherpf & Simon Hermes, Another ‘Bleak House’—the decision of the German Federal Supreme Court on the inadmissibility of intra-EU ICSID arbitrations
    • Gunjan Sharma, Fraud on the tribunal in investor–State arbitration
    • Andrés A Mezgravis, The arbitrary deprivation of dual nationality in investment arbitration
  • Case Note
    • Paschalis Paschalidis, The Heirs of Pausimachus v City of Kalymnos arbitration

Wednesday, February 21, 2024

Vidmar: Territorial Status in International Law

Jure Vidmar
(Maastricht Univ. - Law) has published Territorial Status in International Law (Hart Publishing 2024). Here's the abstract:
This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Tuesday, February 20, 2024

Boisson de Chazournes: Water in International Law: Between Singularity and Plurality

Laurence Boisson de Chazournes
(Université de Genève - Law) has published Water in International Law: Between Singularity and Plurality: Inaugural lecture delivered at the Collège de France on Thursday 12 January 2023 (Collège de France 2024). Here's the abstract:
Essential to human life and activity, freshwater is increasingly becoming a concern of international law. Its regulation, initially focused on rivers shared by several States, has gradually shifted to other sources of water. Today, its scarcity, the need for sustainable distribution of its uses, its use as a weapon of war, its vulnerability to environmental degradation and the prevention of disputes are all issues that call for the mobilization and reinforcement of international law.

Contesse: International Law Scholarship in Latin America

Jorge Contesse (Rutgers Univ. - Law) has posted International Law Scholarship in Latin America (Virginia Journal of International Law, forthcoming). Here's the abstract:

There are numerous publications on international law in Latin America. Books and yearbooks traditionally published by national international law associations coexist with recently established academic journals, housed in universities which seek to fulfill international accreditation standards. Scholarship in international law is, like other areas of law, strongly linked to the dynamics and practices of legal education. In Latin America, legal education has moved from a highly formalistic model to one that seeks to modernize teaching and research. With respect to international law, it also seeks to participate in global discussions and practices of intellectual production.

In this Essay, I present a map of international law journals in Latin America. To do so, in Part II, I review the features of Latin American legal education in both its traditional and more modern forms. In Part III, I describe the status of journals in six Latin American countries (Argentina, Brazil, Chile, Colombia, Mexico, and Peru), giving an account of the journals and the perspectives of their editors. To gain a deeper perspective on international law scholarship in Latin America, I consulted law librarians in Argentina, Chile, Colombia, Costa Rica, and Mexico, and interviewed editors, former editors, and directors of a dozen international law journals in the region. The resulting map offers insights on the state of scholarship in international law in Latin America, highlighting its implicit purpose of bringing international law and global discussions closer to the region and the attempt to achieve that purpose “from Latin America.”

Le Floch & Seatzu: Afrique et droit international humanitaire

Guillaume Le Floch
(Université de Rennes - Law) & Francesco Seatzu (Università degli Studi di Cagliari - Law) have published Afrique et droit international humanitaire : Actes du colloque de Rennes 1er et 2 décembre 2022 (Pedone 2024). The table of contents is here.

Monday, February 19, 2024

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 37, no. 1, March 2024) is out. Contents include:
  • Editorial
    • Eliana Cusato, Rebecca Mignot-Mahdavi, Sofia Stolk, & Renske Vos, In praise of multiplicity: Suspending the desire to change the world
  • International Legal Theory
    • Wouter G. Werner, Sisyphus in robes: International law, legal interpretation and the absurd
    • Nina Reiners, States as bystanders of legal change: Alternative paths for the human rights to water and sanitation in international law
    • Eliana Cusato & Emily Jones, The ‘imbroglio’ of ecocide: A political economic analysis
  • International Law and Practice
    • Louis Bélanger & Jean-Frédéric Morin, Treaty amendment procedures: A typology from a survey of multilateral environmental agreements
    • Christiane Wilke & Helyeh Doutaghi, Legal technologies: Conceptualizing the legacy of the 1923 Hague Rules of Aerial Warfare
    • Magdalena Słok-Wódkowska & Joanna Mazur, Between commodification and data protection: Regulatory models governing cross-border information transfers in regional trade agreements
    • Katalin Sulyok, Science, epistemology and legitimacy in environmental disputes – The epistemically legitimate judicial argumentative space
    • Ashrutha Rai, The 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict
  • International Court of Justice
    • Jean d’Aspremont, The chivalric pursuit of coherence in international law
    • James Gerard Devaney, Leaning from the steep slope: On coherence in response to Professor Jean d’Aspremont
    • Jörg Kammerhofer, Beyond the res judicata doctrine: The nomomechanics of ICJ interpretation judgments
  • International Criminal Courts and Tribunals
    • Elizabeth White, Closing cases with open-source: Facilitating the use of user-generated open-source evidence in international criminal investigations through the creation of a standing investigative mechanism
    • Aneta Peretko, Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law?
    • Şehmus Kurtuluş, Characterization of the violence between Türkiye and the PKK