- Sètondji Roland Adjovi, Background on the ICC and African States’ Relationship
- Geoffrey Lugano, Examining the domestic legal framework in selected African States that form part of the situational docket of the International Criminal Court
Saturday, December 9, 2023
New Issue: African Journal of International Criminal Justice
New Issue: International Community Law Review
The latest issue of the International Community Law Review (Vol. 25, no. 6, 2023) is out. Contents include:- Special Issue: Current Challenges of International and European Human Rights Law
- Elżbieta Karska & Karol Karski, Current Challenges of International and European Human Rights Law: Introductory Remarks
- Maciej Oksztulski, Maciej Perkowski, & Wojciech Zoń, Autistic Persons in the Labour Market in the Light of ECtHR Case-law
- Krzysztof Orzeszyna, The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law
- Jakub J. Czepek, ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014
- Bartosz Ziemblicki, Modern Technologies as a Challenge for the Right to Privacy under the European Convention on Human Rights
- Elżbieta Karska, Karol Karski, & Konrad Wnorowski, The Status of Women in the Armed Forces: Polish Solutions in the Light of Human Rights Standards Defined by Selected International Organizations
- Paweł Bucoń, The Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension
- Katarzyna Grzelak-Bach, The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview
Dvaladze: Equality and Non-Discrimination in Armed Conflict: Humanitarian and Human Rights Law in Practice
Although expressly prohibited under international law, discrimination is amongst the humanitarian issues that adversely impact persons, communities, and society at large, in all types of armed conflicts. In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict.
Discrimination is often the root cause of, or it is intrinsically linked to, armed conflict. The realities of such situations can also exacerbate inequalities that predate the outbreak of the conflict. Addressing a significant dearth in legal literature, this discerning book analyses an array of sources of international humanitarian law (IHL) and human rights law in order to define a method to distinguish between prohibited discrimination and other differentiations in armed conflict that are permitted or even required by law. To facilitate the evaluation of a practice as discrimination, Dvaladze utilises illustrative examples from recent practices in contemporary armed conflicts and interactive flowcharts.
New Issue: European Journal of International Relations
The latest issue of the European Journal of International Relations (Vol. 29, no. 4, December 2023) is out. Contents include:- Kimberly Hutchings, Doing epistemic justice in International Relations: women and the history of international thought
- Bernardo Teles Fazendeiro, The question of truth: how facts, space and time shape conversations in IR
- Alexander Stoffel & Ida Roland Birkvad, Abstractions in International Relations: on the mystification of trans, queer, and subaltern life in critical knowledge production
- Nicolas Gäckle, Governing pandemic fatigue: an International Relations case of experiential biopolitics
- Stefan Elbe, Dagmar Vorlíček, & David Brenner, Rebels, vigilantes and mavericks: heterodox actors in global health governance
- Stephanie C. Hofmann, Anamarija Andreska, Erna Burai, & Juanita Uribe, Porous organizational boundaries and associated states: introducing memberness in international organizations
- Mihaela Papa, Zhen Han, & Frank O’Donnell, The dynamics of informal institutions and counter-hegemony: introducing a BRICS Convergence Index Practice-based and public-deliberative normativity: retaining human control over the use of force Open AccessResearch articleFirst published April 10, 2023pp. 990–1016 Ingvild Bode, Practice-based and public-deliberative normativity: retaining human control over the use of force
- Marianne Dahl & Kristian Skrede Gleditsch, Clouds with silver linings: how mobilization shapes the impact of coups on democratization
- Chris Deacon, Perpetual ontological crisis: national division, enduring anxieties and South Korea’s discursive relationship with Japan
New Issue: Journal of International Humanitarian Legal Studies
The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 14, no. 2, 2023) is out. Contents include:- Symposium: Law, Language and War
- Emily Crawford, Introduction to the Symposium on Law, Language and War
- Emily Crawford, Annabelle Lukin, & Jacqueline Mowbray, The Terminology of the Law of Warfare: A Linguistic Analysis of State Practice
- Annabelle Lukin & Alexandra García Marrugo, The International Laws of War: Linguistic Analysis from the Perspectives of Register, Corpus and Grammatical Patterning
- Matt Killingsworth, International Humanitarian Law: Necessity, Distinction and the ‘Standard of Civilisation’
- Amanda Alexander, Filling the Gaps: The Expansion of International Humanitarian Law and the Juridification of the Free-Fighter
- Frédéric Mégret, Another Look at the Gendered Constitution of the Laws of War: Semantic Fields, Hegemonic Masculinities and the Reproduction of Heteronormativity
- Tamer Morris, The Language of the Protection of Civilians Mandate and the Primary Responsibility of the State: A Legal Norm for Peace and Security
- Juan-Pablo Pérez-León-Acevedo, Sexual and Gender-Based Violence Committed by Non-State Armed Groups Against Women/Girls and lgbti+ Persons in Non-International Armed Conflicts: Peru’s Case
Viñuales, Clapham, Boisson de Chazournes, & Hébié: The International Legal Order in the XXIst Century: Essays in Honour of Professor Marcelo Gustavo Kohen
New Issue: Transnational Environmental Law
- Editorial
- Thijs Etty, Josephine van Zeben, Cinnamon Carlarne, Leslie-Anne Duvic-Paoli, Bruce Huber, & Leonie Reins, The Quest to Close the Accountability Gap in Environmental Law
- Articles
- Suzanne Kingston, Edwin Alblas, Micheál Callaghan, & Julie Foulon, Empowering Through Law: Environmental NGOs as Regulatory Intermediaries in EU Nature Governance
- César Rodríguez-Garavito & David R. Boyd, A Rights Turn in Biodiversity Litigation?
- Margaretha Wewerinke-Singh, The Rising Tide of Rights: Addressing Climate Loss and Damage through Rights-Based Litigation
- Anél du Plessis, Nicolene Steyn, & John Rantlo, City-Level Law and Action for Climate-Resilient Development in Southern Africa
- Manon Simon, Jan McDonald, & Kerryn Brent, Transboundary Implications of China's Weather Modification Programme
- Alice Bleby & Anita Foerster, A Conceptual Model for Climate Change Mainstreaming in Government
- Kaisa Huhta & Seita Romppanen, Comparing Legal Disciplines as an Approach to Understanding the Role of Law in Decarbonizing Societies
- Jérémie Gilbert, Creating Synergies between International Law and Rights of Nature
Schneiderman & Van Harten: Rethinking Investment Law
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view.
Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest.
Friday, December 8, 2023
Conference: América para los americanos . . . Y para el mundo: La Doctrina Monroe y la hegemonía estadounidense en América Latina
Thursday, December 7, 2023
Lieblich: Whataboutism in International Law
Whataboutism, as a response to allegations of wrongdoing, is everywhere in contemporary public discussion, and international law is not an exception. Unsurprisingly, it has been central to Russia’s justification discourse regarding its invasion of Ukraine. Whataboutism evokes conflicting responses. On the one hand, it can be a logical fallacy and is frequently employed as a cheap tactic to derail public debate. On the other, we often feel that there might be something in such arguments, and that they cannot be dismissed offhand.
This article seeks to offer a general theory on the potential normative relevance of whataboutism in international law. Utilizing insights from the theoretical framework of informal logic, it shows that whataboutism should be addressed as a potentially valid argumentative scheme, rather than as a pure fallacy. The article argues that since whataboutism in international law frequently invokes notions of unfairness, the question whether whataboutism is relevant in international legal argumentation requires establishing whether there are indeed obligations of fairness between the alleger and the whataboutist objector.
As the article claims, since obligations of fairness generally require the exercise of public power, the salient question concerning the relevance of whataboutism in international law is whether international actors interact under assumptions of private or public law. The article explores both traditions in international legal theory, offers indications for the existence of such public functions in specific instances, and suggests preliminary implications of a relevant whataboutist claim in international law.
New Issue: Human Rights Law Review
The latest issue of the Human Rights Law Review (Vol. 23, no. 4, December 2023) is out. Contents include:- Emma N Sweeney, L Michelle Bruijn, & Michel Vols, Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property
- Ryan Goss, The Disappearing ‘Minimum Rights’ of Article 6 ECHR: the Unfortunate Legacy of Ibrahim and Beuze
- Azadeh Chalabi, A New Theoretical Model of the Right to Environment and its Practical Advantages
- Patricia Wiater, Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts
- Katie Morris, Vulnerability, Care Ethics and the Protection of Socioeconomic Rights via Article 3 ECHR
- Ula Aleksandra Kos, Signalling in European Rule of Law Cases: Hungary and Poland as Case Studies
New Issue: Journal du Droit International
The latest issue of the Journal du Droit International ("Clunet") (Vol. 150, no. 4, Octobre-Novembre-Décembre 2023) is out. Contents include:- Doctrine
- Hugues Fulchiron, La proposition de règlement européen sur la filiation : coup de maître ou coup d'épée dans l'eau ?
- Marylou Françoise, L'office du juge à la lumière du projet de Code de droit international privé
- Loïc Peyen, Les ressources génétiques marines hors juridiction, enfin patrimoine commun de l'Humanité ?
- Variétés
- La résolution n° 2664 (2022) du Conseil de sécurité de l'organisation des Nations Unies du 9 décembre 2022
- Cécile Legros, La force du précédent en droit britannique ou les limites de l’interprétation uniforme des conventions internationales de droit matériel
Wednesday, December 6, 2023
New Issue: Journal of World Investment & Trade
- Henok Asmelash, The Role of International Trade Law in the Energy Transition
- Markus Petsche, The Application of the Salini Test Beyond Article 25 of the ICSID Convention: Analysis of Recent Trends in Treaty and Arbitral Practice
- Ayşegül Kula, The European Investment Bank Complaints Mechanism: Its Potential and Limitations
Call for Papers: The ICC as Justice Hub, Pragmatic Complementarity and Domestic ICL Enforcement
New Issue: Archiv des Völkerrechts
- Carl Schmitt: Der Nomos der Erde - Kritik und Krise des eurozentrischen Völkerrechts
- Horst Bredekamp, Skizze einer politischen Ikonologie von Großräumen
- Reinhard Mehring, Land, Meer und Luft
- Marcus M. Payk, Versailles, Weltkrieg, westliche Hemisphäre
- Christian Neumeier, Der Nomos des Kapitals
- Niels Werber, Zweimal Großraum
- Ke Li, Das Unmögliche von Anfang an
- Yasuhiro Endo, Land und Meer, Himmel und Sonne
- Danilo Scholz, Koloniale Nahmen, koloniale Gaben
- Victor Loxen, Landnahme, Staat und Völkerrecht in Amerika
Tuesday, December 5, 2023
New Issue: Pécs Journal of International and European Law
- Dalma Takó, Clauses Providing Possibility of Choice in International Treaties
- Ágoston Mohay, Bence Kis Kelemen, Attila Pánovics, & Norbert Tóth, The Articles on the Responsibility of International Organisations – Still Up in the Air after More Than a Decade?
- Gagik Chilingaryan, Norms of the Council of Europe in the Postsoviet Space: National Minorities in the Republic of Armenia and the Framework Convention for the Protection of National Minorities
- Bence Kis Kelemen, The Final Frontier: responsibility of international organizations for outer space activities
- Marta Romańska, Agata Cebera, & Jakub Grzegorz Firlus, Between morality and discrimination by public administration: the case of so-called ‘LGBT free zones’ in Poland
- István Szijártó, The right to translation in the criminal procedure and the meaning of essential documents – three recent cases of the European Court of Justice in the field of criminal cooperation between Member States
Monday, December 4, 2023
AJIL Unbound Symposium: The Contours and Limits of Advisory Opinions
Saturday, December 2, 2023
New Issue: Global Trade and Customs Journal
The latest issue of Global Trade and Customs Journal (Vol. 18, nos. 11-12, 2023) is out. Contents include:- Michael Lux, The Ambitious Customs Reform Package Proposed by the EU Commission
- Pablo Muñiz, Designing a Dream EU Customs Union
- E.M. van Doornik, Is the EU Proposal for a Bucketing System; A Simplification or a Band-aid Solution?
- Renato Antonini & Mihai Ioachimescu-Voinea, EU Customs Reform: A Bridge Over Troubled Waters and Towards Sanctions Harmonization?
- Vera Kanas Grytz & Isabelle Ruiz Guero, Reviewing the Legal Framework Applicable to Cross-border E-commerce Transactions in Brazil
- Carla Amaral de Andrade Junqueira, Recent Customs Reforms in Brazil
- Alessandro Fruscione, Facilitations for Trust & Check Operators
- Andrew Hudson, Lessons for Australia in European Reforms to Customs Regulation
- Thális Andrade, Transfer Pricing and Customs Valuation Rules in Brazil: A Challenging Reconciliation
- Atia Hussain, Walaa Wahid Elkelish, & Muhammad Al Mahameed, Customs Duty Evasion: Consequences and Suggestions: The GCC Countries Perspective
- P. Sean Morris, Intellectual Property Investment at the International Court of Justice After Certain Iranian Assets
- Firdaus Firdaus, Hengki Firmanda, Rahmad Hendra, & Samariadi Samariadi, Corporate Social Responsibility Regulation in Indonesia and a Critique of the Milton Friedman Theory
New Issue: International Review of the Red Cross
- Bruno Demeyere, Protection of the Environment During Armed Conflict
- Interview with Marja Lehto: Former International Law Commission Special Rapporteur on the Protection of the Environment in Relation to Armed Conflicts
- Helen Obregón Gieseken & Vanessa Murphy, The protection of the natural environment under international humanitarian law: The ICRC's 2020 Guidelines
- Rigmor Argren, The obligation to prevent environmental harm in relation to armed conflict
- Catherine-Lune Grayson, Amir Khouzam, Nishanie Jayamaha, & Stephanie Julmy, The Climate and Environment Charter for Humanitarian Organizations: Strengthening the humanitarian response to the climate and environment crises
- Britta Sjöstedt & Karen Hulme, Re-evaluating international humanitarian law in a triple planetary crisis: New challenges, new tools
- W. Casey Biggerstaff & Michael N. Schmitt, Protecting the environment in armed conflict: Evaluating the US perspective
- Simon Bagshaw, The 2022 Political Declaration on the Use of Explosive Weapons in Populated Areas: A tool for protecting the environment in armed conflict?
- Eve Massingham, Elina Almila, & Mathilde Piret, War in cities: Why the protection of the natural environment matters even when fighting in urban areas, and what can be done to ensure protection
- Eva Baudichau, Another brick in the wall: Climate change (in)adaptation under the law of belligerent occupation
- Felicia Wartiainen, Time for “environmentarian corridors”? Investigating the concept of safe passage to protect the environment during armed conflict
- Jérôme de Hemptinne, Increasing the safeguarding of protected areas threatened by warfare through international environmental law
- Elaine (Lan Yin) Hsiao, Adrian Garside, Doug Weir, & Andrew J. Plumptre, Protected zones in context: Exploring the complexity of armed conflicts and their impacts on the protection of biodiversity
- Lingjie Kong & Yuqing Zhao, Remedying the environmental impacts of war: Challenges and perspectives for full reparation
- Matthew Gillett, Criminalizing reprisals against the natural environment
- Wim Zwijnenburg & Ollie Ballinger, Leveraging emerging technologies to enable environmental monitoring and accountability in conflict zones
- Pouria Askary & Katayoun Hosseinnejad, A possible legal framework for the exploitation of natural resources by non-State armed groups
- Mara Tignino & Tadesse Kebebew, A galaxy of norms: UN peace operations and protection of the environment in relation to armed conflict
- Raphaël van Steenberghe, International environmental law as a means for enhancing the protection of the environment in warfare: A critical assessment of scholarly theoretical frameworks
- Catherine O'Rourke & Ana Martin, Gender, conflict and the environment: Surfacing connections in international humanitarian law
- Amanda Kron, At the frontlines of implementing the right to a healthy environment: Understanding human rights and environmental due diligence in relation to armed conflicts
- Radhika Kapoor & Dustin A. Lewis, The practice of the UN Security Council pertaining to the environment and armed conflict, 1945–2021
- Shiri Krebs, Above the law: Drones, aerial vision and the law of armed conflict – a socio-technical approach
- Line Baagø-Rasmussen, Carin Atterby, & Laurent Dutordoir, Building the case for a social and behaviour change approach to prevent and respond to the recruitment and use of children by armed forces and armed groups
New Issue: Ethics & International Affairs
- Roundtable: Global Governance and Lethal Autonomous Weapon Systems
- Josephine Jackson, Mapping the Lethal Autonomous Weapons Debate: An Introduction
- David A. Deptula, An Operational Perspective on the Ethics of the Use of Autonomous Weapons
- Arun Seraphin & Wilson Miles, Toward a Balanced Approach: Bridging the Military, Policy, and Technical Communities
- Mary Ellen O'Connell, Banning Autonomous Weapons: A Legal and Ethical Mandate
- Esther D. Reed, Accountability for the Taking of Human Life with LAWS in War
- Anthony F. Lang, Jr., Regulating Weapons: An Aristotelian Account
- Feature
- Neil Renic & Elke Schwarz, Crimes of Dispassion: Autonomous Weapons and the Moral Challenge of Systematic Killing
- Review Essay
- Dominic Lenzi, Hope, Pessimism, and the Shape of a Just Climate Future
Friday, December 1, 2023
Furuya, Takemura, & Ozaki: Global Impact of the Ukraine Conflict: Perspectives from International Law
The invasion of Ukraine by the Russian Federation on February 24, 2022, and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign States that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring State with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other States and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law.
The process of applying international law to States is a dynamic one. Rules of international law may and should regulate the behavior of States and provide standards to decide whether a particular act by a State is permissible. At the same time, however, States may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of States are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other States, and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future.
Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however—and particularly in this case—that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Ugo Villiani, Possibili vie di pace per la guerra in Ucraina
- Paolo Bargiacchi, Alcune riflessioni sulla legittima difesa nel diritto internazionale (I parte)
- Sara de Vido, Approcci giuridici femministi al diritto internazionale: verso un diritto ecofemminista e post-umano?
- Claudia Cinelli, The Evolving Regulatory Framework for Space Resource Utilization
- Note e Commenti
- Mirko Sossai, Il ruolo del diritto internazionale nel Comunicato finale del Vertice NATO di Vilnius
- Jean Paul Pierini, La recente riforma delle intercettazioni per fini di intelligence, il diritto UE e la giurisprudenza della corte EDU
- Osservatorio Diritti Umani
- Francesco Seatzu, Les requêtes individuelles à caractère abusif devant la Cour Européenne des Droits de l’Homme: réflexions critiques après l’arrêt Zambrano c. France
Wednesday, November 29, 2023
ILR Now Available on Bluesky
New Issue: International Journal of Marine and Coastal Law
The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 4, 2023) is out. Contents include:
- Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2022
- Sondre Torp Helmersen, Three Perspectives on Marine Life in International Disputes
- Bianca Haas, Seoyeon Oh, Kathryn Dalton, Shui-Kai Chang, Juno Fitzpatrick, Kengo Minami, Hiroaki Matsui, Guifang (Julia) Xue, Ji-Eun An, Kamal Azmi, Ruth Davis, Han-Yu Lin, Myung-Hwa Jung, & Quentin Hanich, Untangling Jurisdictional Complexities for Crew Labour Regulations on Fishing Vessels in the Western and Central Pacific Ocean
- Ai Nhan Ho & Phuoc Huu Ngo, Combating Illegal, Unreported, and Unregulated Fishing: A Vietnamese Perspective
- Qiuwen Wang, Hu Zhang, & Chenghang Hu, Ship Security Rules in China’s Maritime Traffic Safety Law: Increased Legal Flexibility in Maritime Security Measures and Potential Problems
- Günther Handl, Decarbonising the Shipping Industry: A Status Report
- Philipp Kastner, Teaching Law of the Sea from a Critical Perspective
- Keyuan Zou & Bingru Niu, New Procuratorial Role in Marine Environmental Public Interest Litigation
- Aleke Stöfen-O’Brien, The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment
Triefus: The UNGPs and ISDS: Should Businesses Assess the Human Rights Impacts of Investor–State Arbitration?
Investor–state dispute settlement (ISDS) has been heavily criticized from the perspective of human rights. However, the potential adverse human rights impacts of ISDS and the responsibilities of businesses to avoid causing or contributing to those impacts under the UN Guiding Principles on Business and Human Rights have yet to be spelled out. Although states are currently reforming ISDS, progress has been slow, and businesses have an independent responsibility to ensure that their operations do not harm human rights. Against this background, this article unpacks how businesses might contribute to three non-exhaustive examples of potential human rights impacts of ISDS: namely, the chilling effect on human rights regulation, crippling mega-awards and direct impacts on third-party rights. This article breaks new ground by exploring how human rights due diligence could be a useful tool for businesses to identify and address these impacts.













