Thursday, January 16, 2025
Lecture: Kulamadayil on '"The Coloniality of Measuring Famine"
Wednesday, January 15, 2025
Conference: 119th ASIL Annual Meeting
Tuesday, January 14, 2025
Derrig: The New Haven School: American International Law
This book is an intellectual history of the ‘New Haven School’, a school of legal theory and practice associated with Yale Law School in the city of New Haven. New Haven School ‘policy-oriented jurisprudence’—so-called for its emphasis on using law to pursue acknowledged policy aims—was developed from the 1940s by Harold Lasswell, a central figure of twentieth-century American political science, and Myres McDougal, a prominent international lawyer. The book argues that the New Haven School style of argument was representative of mid-century American international law. Through the biographies and scholarship of Lasswell, McDougal, and New Haven School members, and using previously unexploited archival materials, the book explores how this body of legal theory was shaped and how it influenced the legal arguments made by McDougal and other members of the school in support of Cold War anti-communist policy positions and legal practice of the United States. The book shows that the New Haven School represented a specific anti-formalism and a collection of methods that characterized how American scholars and lawyers practised international law in the middle of the twentieth century, and still do today.
Call for Submissions: Lawfare and the Future of International Crimes
Seminar: Economic, Social and Cultural Rights: Strategically Moving Forward
Monday, January 13, 2025
Workshop: In Search of Second World Approaches to International Law
New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht
- Nachruf
- Christian Calliess, In Erinnerung an Prof. Dr. Torsten Stein (1944-2024)
- Comment
- Roman Petrov, Christian Orthodoxy between Geopolitics and International Law. How the War in Ukraine Divided the Orthodox Church
- Vorträge
- Emily Crawford, Narratives and Counter-Narratives of International Law in the Gift Shops of the Peace Palace and United Nations
- Abhandlungen
- Gerd Winter, Climate Protection before the European Court of Human Rights: The KlimaSeniorinnen and Duarte Agostinho Cases in Perspective
- Lea Köhne, Well-Meant Is not Well-Done: The UN Treaty Bodies’ Approach to the Extraterritoriality of Human Rights
- Maria Xiouri, State Responses to the Introduction of the National Security Law in Hong Kong: A Case of Countermeasures against Serious Breaches of Erga Omnes (Partes) Obligations?
- Nathanael van der Beek, Parliamentary Visits to Places of Armed Conflict and Disputed Territories
- Carolyn Moser & Steven Blockmans, The Untapped Role of the European Parliament in Common Security and Defence Policy
- Lukas Hemmje, Ein Aggressionstribunal für Präsident Putin: (K)eine Europäische Lösung?
Romani: Belligerent Reprisals from Enforcement to Reciprocity: A New Theory of Retaliation in Conflict
This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability.
New Issue: Arbitration International
- Articles
- Luca G Radicati di Brozolo & Flavio Ponzano, How to assess the res judicata effects of international arbitral awards: giving concreteness to an autonomous approach
- Salim Moollan, KC, Robert Price, & Oliver Browne, Which law should govern the ‘arbitrability’ of a dispute in England?
- Nathan Tamblyn, Arbitration and the right to a fair trial
- Nicolò Minella, The conundrum of costs allocation in international investment arbitrations: a proposed practical solution to enhance predictability of costs decisions
- Zhizhou Dai & Zhixing Liu, Drawing the fuzzy line: arbitrability of dissolution-related disputes in China
- Purvi Nema, Arbitrability of cryptocurrency disputes in India
- Kanishka Bhukya, Threading between Scylla and Charybdis: developing a framework for arbitrating investor-state tax disputes
- Ali Al-Khasawneh & Vanessa Liborio Garrido de Sousa, The thorny intersection of personal opinion and arbitrator impartiality: lessons from Crescent Petroleum and other cases
- Stanley U Nweke-Eze, The participation of foreign counsel in Nigeria-seated arbitration proceedings
New Issue: International Organization
- Articles
- Marika Landau-Wells, Building from the Brain: Advancing the Study of Threat Perception in International Relations
- Claudia Junghyun Kim, Status Hierarchies and Stigma Shifting in International Relations
- Frank Wyer, Peace Versus Profit: Rebel Fragmentation and Conflict Resurgence in Colombia
- Matthias Ecker-Ehrhardt, Lisa Dellmuth, & Jonas Tallberg, Ideology and Legitimacy in Global Governance
- Michael F. Joseph & Michael Poznansky, Secret Innovation
- Research Notes
- Omer Solodoch, The Effect of Education on Support for International Trade: Evidence from Compulsory-Education Reforms
- Yonatan Lupu & Geoffrey P.R. Wallace, The Laws of War and Public Support for Foreign Combatants
- Stephen Chaudoin, Sarah Hummel, & Yon Soo Park, Elections, War, and Gender: Self-Selection and the Pursuit of Victory
Nissel: Merchants of Legalism: A History of State Responsibility (1870–1960)
Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
New Issue: Transnational Legal Theory
- Critical legal approaches in EU Law
- Ivana Isailović, Introduction: critical legal approaches in EU law—reflections on new research directions
- Fernanda G. Nicola, Is a distributive analysis enough? A critical take on the case law of the European Court of Justice
- Ivana Isailović, Gender in political economy and EU law
- Floris de Witte, Finding space in EU law
- Janine Silga, ‘Out of the “basement”’: exploring positionality and reflexivity in EU migration law research
- Annette Schrauwen, Essential, invisible, discriminated and exchangeable: labour migrants in the EU
- Iris Goldner Lang, Security-centric approach in the use of digital technologies in EU migration and asylum policies
- Sanja Bogojević, The European Green Deal, the rush for critical raw materials, and colonialism
- Andrew Woodhouse, Commodity-form theory of law, the climate crisis, and the European Union
- Giacomo Tagiuri, The socio-legal and critical potential of EU economic law
Sunday, January 12, 2025
New Volume: German Yearbook of International Law
- FOCUS – Russia, Imperialism, and International Law
- Angelika Nussberger, The ‘Near Abroad’ (Ближнее Зарубежьe) in Russian Rhetoric and Law
- Eric Loefflad, Blood of Nations, Blood of Empire: Pan-Slavism as a Critique of International Law in Late Imperial Russia and Beyond
- André-Philippe Oulett, Decolonisation and Self-Determination à Géométrie Variable: The Forgotten Vicissitudes of Post-Soviet Peoples
- Michael Riepl, ‘Peacekeeping or Keeping in Pieces’? – The Legacy of Three Decades of Russian-brokered Ceasefire Agreements in the South Caucasus
- Ferdinand Weber, Passportisation: From a Neglectable Phenomenon Under International Law to an Elusive Imperialist Strategy?
- Andrea Maria Pelliconi, Russia’s Use of Demographic Engineering to Affirm Sovereignty Over Adjacent Territories
- Yulia Ioffe, Forcible Transfers of Ukrainian Children: Indoctrination as a Tool of Russia’s Imperialism
- Soheil Ghasemi & Mohammadreza Eghbalizarch, Of Capitulations, Capital, and Collateral: Russian Imperial Banking in Late Qajar Persia (1891–1921)
- General Articles
- Thibault Moulin, Icarus’ Flight: The Paradoxes in the Contribution of International Law to Solar Power
- Sanya Samtani, The Human Right to Research in International Law
- Alexander Wentker & Clauss Kress, Inter-State Assistance in War Under International Law
- German Practice
- Lena Herzog, The Yazidi Genocide Before the German Federal Court of Justice
- Jasper Mührel & Linus Mührel, Germany’s Submission Practice to the International Law Commission on Topics Discussed and/or Concluded in 2022
- Rahel Alia Müller & Michael Frey, Experimentation Clauses as an Element of Cross-Border Friendly-Legislation – The Franco-German Treaty of Aachen as a Model for Future Cross-Border Cooperation in Germany’s Border Areas?
- Jasmin Oppermann, Germany’s Indo-Pacific Odyssey: Navigating Legal Challenges as a Champion of the Rules-Based Order
- Valérie v. Suhr, Federal Constitutional Court Develops the Right to Education with Reference to International Human Rights Law
Novak: Global Lawmaking and Social Change: The Varieties of Customary International Law
Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects.
Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, the treatment of the 'other', and the management of global environmental risks. Focusing on the 'varieties' of customary international law, it identifies four types of customary international law norms and explores their roles and implications.
Critically revisiting a classic topic of international law, the book provides a tool for understanding and shaping global lawmaking and social change in a rapidly changing international legal order.
Saturday, January 11, 2025
New Volume: Chinese (Taiwan) Yearbook of International Law and Affairs
- Articles
- Natalie Klein, Nuclear Submarines under AUKUS and Implications for International Law in the Indo-Pacific
- Hitoshi Nasu, The Strategic Use of International Law in the Crisis of Taiwan Strait
- International Law and the Rights of Women in East Asia Carole J. Petersen, A Comparative Study of the Impact of the Convention on the Elimination of All Forms of Discrimination against Women
- Jason Rudall, The Energy Transition and Investor-State Dispute Settlement in Asia: On Managing Expectations and Avoiding Sagas
- Yi Tang, Charting a New Legal Order: ASEAN’s Arbitration Reform in Taming the “Unruly Horse” of Public Policy Exception
- Kentaro Nishimoto, Can Marine Protected Areas be Established in the South China Sea under the BBNJ Agreement?
- Miriam Cohen, Climate Change Proceedings as a Watershed Moment: Public Interest in the Jurisprudence of the International Tribunal for the Law of the Sea
- Kuang-hao Hou, Warning against Silverfish in Democracy: Decaying Constitutionalism in the Society of Taiwan
- Thanapat Chatinakrob, Legal Risks and Challenges of Unregulated AI: An Analysis of International Legal Frameworks for Mitigating Risks and Ensuring Ethical and Legal Compliance in the Development and Deployment of AI
- Ángeles Jiménez García-Carriazo & Suriya Narayanan Sundararajan, Transfiguring Islands to Rocks: Examining the Effects of Sea Level Rise in Light of Article 121 of UNCLOS
- Chung-Han Yang, Evaluating Taiwan – U.S. Bilateral Engagements in the Trade-Climate Change-Energy Nexus: Lessons and Opportunities for the Taiwan – U.S. Initiative on 21st Century Trade
- Special Report
- Hsiu-Feng Lin, The Review of Key Cases Involving the Republic of China (Taiwan) in Japanese Courts
Friday, January 10, 2025
New Volume: Baltic Yearbook of International Law
- Special Theme: ESIL Research Forum “Regional Developments of International Law in Eastern Europe and Post-Soviet Eurasia” Held in April 2023 in Tartu, Estonia
- Liliya Khasanova, Conceptual Discrepancies in Russian and Western Approaches to the International Regulation of Cyber [Information] Space
- Rustam Atadjanov, Implementation of International Human Rights Law during Situations of Violence: The Central Asian Experience
- Sara Eftekhar Jahromi, Gaps and Innovation(s) in the Aktau Convention
- Júlia Miklasová, Russian Approaches to Post-Soviet Secession: Bad Faith Argumentation and Its Limits
- Artur Simonyan, Three Patterns of Desovietizing International Law
- Miłosz Gapsa, On the Importance of Provisional Measures in Ukraine’s Cases against Russia
- Saskia Millmann & Pia Hüsch, Civilian Non-violent Defence against Russian Warfare – Eastern European Strategies and the Gap between Civilians and Combatants in Customary International Humanitarian Law
- Frederik Rogiers, There and Back Again, Russia’s Evolving Approach to the Freedom of Navigation
- General Articles
- Edmunds Broks, Arnis Buka, Lolita Buka & Artūrs Kučs, Limiting the Right to Access Asylum: A Case Study of Latvia’s Response to the Migration Crisis on the Latvia-Belarus Border
Webinar: The Role of International Law and Institutions in Attaining Goal 1 of the SDGs
Thursday, January 9, 2025
New Issue: European Convention on Human Rights Law Review
- Kanstantsin Dzehtsiarou, 'KlimaSeniorinnen Revolution': The New Approach to Standing
- Julia Laffranque, KlimaSeniorinnen – Climate Justice and Beyond
- George Letsas, The European Court’s Legitimacy After KlimaSeniorinnen
- Vladislava Stoyanova, Correlativity Between Human Rights and Positive Obligations and Its Role for the Execution of Judgments Delivered by the European Court of Human Rights
- Pieter Cannoot, Y v France: Intersex Rights in the Age of Subsidiarity
Wednesday, January 8, 2025
Call for Papers: 14th Annual Conference of the African Society of International Law
Call for Papers: The Role of the Causal Inquiry for Finding Breaches of Human Rights Obligations under the European Convention on Human Rights
New Volume: Max Planck Yearbook of United Nations Law
- Thematic Forum: ‘Assessing the International Law Commission: The Past, Present, and Future’
- Kathrin Maria Scherr & Sai Sathyanarayanan Venkatesh, Interview: In Conversation with Professor Giorgio Gaja
- Omri Sender, Two Views of the International Law Commission: A Conversation with Professor Alain Pellet and Sir Michael Wood
- Thematic Articles
- Christiane Ahlborn, The Meaning of Codification and Progressive Development in the International Law Commission’s Mandate – Time for a Review?
- Fenella Billing, 75 Years of Progressive Legal Development by the International Law Commission: The Contribution to Regulation of Search and Rescue of Refugees and Migrants at Sea
- Martha M. Bradley, Quillene M. Vertue & Danielle Crafford, Protecting the Environment during Non-International Armed Conflicts: The International Law Commission’s perac Principles as a Blueprint for Deeds of Commitment
- Teresa M. Cabrita, The European Union’s Engagement with the United Nations International Law Commission: Process, Principles and Purpose
- Rishi Gulati, The International Law Commission’s Work on the Topic of the Settlement of Disputes to which International Organizations Are Parties: The Need for a Meaningful Outcome
- Felix Herbert, The ILC’s Function beyond Codification and Progressive Development: Catalysing Customary International Lawmaking
- Jessica Joly Hébert, Consent and the Law of State Responsibility: Going beyond the ILC’s Qualification of Consent as a Circumstance Precluding Wrongfulness
- Marja Lehto, Throughout the Conflict Cycle: International Law Commission Principles on Protection of the Environment in Relation to Armed Conflicts
- Rodolfo Ribeiro C. Marques, The International Law Commission and the Development of International Migration Law
- Arnold N. Pronto, The Reception by the Sixth Committee of the Output of the International Law Commission
- Aniruddha Rajput, The ‘Hybrid’ Nature of the International Law Commission
- Penelope Ridings, Women and the International Law Commission: Knocking at the Door of Gender Diversity
- Yejoon Rim, The Authority of the Work of the International Law Commission and Its Final Form
- Eran Sthoeger, The International Law Commission: Dispute Settlement and Dispute Settlement Clauses
- Patricia Galvão Teles & Juan Francisco Padin, The Contribution of the International Law Commission to the Development of the Nuremberg Principles and Its Continuing Relevance regarding the Fight against Impunity and the Consolidation of International Criminal Law
- Articles on the Law and Practise of the United Nations (General Section)
- Mohamed S. Helal, Coercion in Cyberspace – Taking Stock of the Debate
- Radhika Kapoor, A Transparency Deficit and an Equity Deficit: The Need to Reform the UN Security Council’s Sanctions Committees
- Patryk I. Labuda, International Law after the Russo-Ukrainian War: From the Zeitenwende to Multipolarity
- Tiyanjana Maluwa, The Ukraine War and the Paralysis of the Security Council: Ramifications for Africa’s Common Position on Security Council Reform
- Jessie Phyffer, Establishing the Erga Omnes Character of the Obligation to Prevent Transboundary Environmental Harm
- Reports and Documents
- Update on the Law and Practice of the United Nations - Statement by Mr. Miguel de Serpa to the International Law Commission (2024)