New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 118, no. 3, July 2024) is out. Contents include:

• Articles
• Ingrid Brunk & Monica Hakimi, The Prohibition of Annexations and the Foundations of Modern International Law
• Joanna Jarose, A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond
• International Decisions
• Ibrahim A. Alturki, R (on the Application of PACCAR Inc. and Others) v. Competition Appeal Tribunal and Others, [2023] UKSC 28
• Lauri Mälksoo, Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment
• Tomasz Jaroszyński, European Parliament v. European Commission, Case C-137/21, Judgment
• Contemporary Practice of the United States Relating to International Law
• The Department of State Announces Initiatives to Counter Foreign State Information Manipulation
• The United States Designates the Overthrow of Niger's Government a “Coup d'Etat”
• New Compact of Free Association Agreements with Micronesia, the Marshall Islands, and Palau Approved by Congress
• President Biden Issues Memorandum Requiring Assurances from Recipients of U.S. Military Aid and the State and Defense Departments Certify Israel's Compliance
• The UN General Assembly Adopts U.S.-Led Resolution on Safe, Secure, and Trustworthy Artificial Intelligence
• The United States Comments on Matters Pending at the International Court of Justice and the International Criminal Court Pertaining to the Israeli-Palestinian Conflict
• Recent Books on International Law
• J. Benton Heath, Neutrality and Governance in a Weaponized World
• Natsu Taylor Saito, reviewing Race and National Security, edited by Matiangai V. S. Sirleaf
• Kal Raustiala, reviewing Digital Empires: The Global Battle to Regulate Technology, by Anu Bradford
• Annyssa Bellal, reviewing Rebel Courts: The Administration of Justice by Armed Insurgents, by René Provost

Conference: Forty-Second Investment Treaty Forum Public Conference

On November 8, 2024, the British Institute of International and Comparative Law will host, in person and online, the Forty-Second Investment Treaty Forum Public Conference. The theme is: "Illegality in International Investment Law." The program is here.

New Issue: International Theory

The latest issue of International Theory (Vol. 16, no. 2, July 2024) is out. Contents include:

• Scott Wolford & Toby J. Rider, Weak sovereignty and interstate war
• Patrick J. McDonald & Kevin Galambos, Trilateral politics in hierarchy, war, and state formation
• Kate Yoon, The many faces of sovereignty
• David Lefkowitz, A new philosophy for international legal skepticism?
• Tim Beaumont, John Stuart Mill on the Suez Canal and the limits of self-defence

Von Bernstorff: L’essor et la chute du droit international humanitaire

Jochen Von Bernstorff (Universität Tübingen - Law) has published L’essor et la chute du droit international humanitaire : Une brève histoire de la codification de la protection des civils en temps de guerre (1899-1977) (Pedone 2024). Here's the abstract:

Les règles de protection des civils ont toujours été au cœur du droit de la guerre (ius in bello). La codification de ces règles a commencé dans la seconde moitié du 19e siècle, à l'apogée de l'impérialisme européen, et s'est poursuivie après les deux guerres mondiales et pendant la guerre froide. Malgré cela, le nombre de civils tués à la guerre n'a cessé d'augmenter jusqu'à aujourd'hui.

L'expert en droit international Jochen VON BERNSTORFF décrit l'essor et la chute des règles de protection des civils en temps de guerre.

Seminar Series: Thinking Gender, History and International Law

The University of Warwick School of Law's Gender and the Law Cluster will host a seminar series in 2024-2025 on "Thinking Gender, History and International Law." The schedule is here. The first seminar, on "How to Write Feminist Histories of International Law," will take place on October 21, 2024.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 63, no. 4, August 2024) is out. Contents include:

• Views adopted under art. 31 of the Convention, concerning Commc'n No. 4/2021 (U.N. Comm. Enforced Disappearances), with introductory note by Ariel Dulitzky
• Convention on Int'l Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes, with introductory note by Hilly Moodrick-Even Khen
• Case C-632/20 P, Spain v. Eur. Comm'n (C.J.E.U.), with introductory note by Eva Kassoti
• Foreign Relations Law of the People's Republic of China, with introductory note by Zheng Tang
• R (AAA (Syria) and Others) v. Secretary of State for the Home Dep't (UKSC), with introductory note by Guy S. Goodwin-Gill

Call for Papers: 20th Annual Conference of the European Society of International Law

The European Society of International Law has issued a call for papers for its 20th Annual Conference, which will take place September 10-13, 2025, at the Freie Universität Berlin. The theme is: "Reconstructing International Law." The call is here. The deadline is January 31, 2025.

Carballo Piñeiro & Mejia: The Elgar Companion to the Law and Practice of the International Maritime Organization

Laura Carballo Piñeiro (Universidade de Vigo - Law), & Maximo Q. Mejia Jr (World Maritime Univ.) have published The Elgar Companion to the Law and Practice of the International Maritime Organization (Edward Elgar Publishing 2024). Here's the abstract:

This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans.

Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.

Bradley: Historical Gloss and Foreign Affairs: Constitutional Authority in Practice

Curtis A. Bradley (Univ. of Chicago - Law) has Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard Univ. Press 2024). Here's the abstract:

In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”

Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.

Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

New Issue: Yale Journal of International Law

The latest issue of the Yale Journal of International Law (Vol. 49, no. 2, 2024) is out. Contents include:

• Sophie Eastwood, Investment Arbitration and Environmental Protection: Irreconcilable Interests or Mutual Adaptation?
• Zohra Ahmed, The Price of Consent
• Patryk I. Labuda, Countering Imperialism in International Law: Examining the Special Tribunal for Aggression against Ukraine through a Post-Colonial Eastern European Lens

New Issue: Intergovernmental Organisations In-House Counsel Journal

The latest issue of the Intergovernmental Organisations In-House Counsel Journal (no. 3, October 2024) is out. Contents include:

• Isabella Micali Drossosa & Lou M.C. Granier, Intersections between Female Genital Mutilation, the Rule of Law and the UN Sustainable Development Goals
• Divya Chawla, Accelerating Alignment with the Paris Agreement in the Financial Sector
• Alison Jensen & Jack Nichols, IFFIm: a Unicorn or a Road Map?
• Tom Edmondston-Low, Shaping IFI Systems: Board Governance and the Way Forward
• Michal Horelik, Creditor Protection through Choice of Governing Law
• Philemon Iko-Ojo Omede & Ntayi Anfani Bandawa, Corporate vs Individual Credit Default: A Systemic Risk Argument for Individual Bailouts

Aust, Krieger, & Lange: Research Handbook on International Law and Domestic Legal Systems

Helmut Philipp Aust (Freie Universität Berlin - Law), Heike Krieger (Freie Universität Berlin - Law), & Felix Lange (Univ. of Cologne - Law) have published Research Handbook on International Law and Domestic Legal Systems (Edward Elgar Publishing 2024). Here's the abstract:

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.

Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.

AJIL Unbound Symposium: Unsettling the Sovereign “Right to Exclude”

AJIL Unbound has posted a symposium on “Unsettling the Sovereign ‘Right to Exclude.’” The symposium includes a preface by Jaya Ramji-Nogales, an introduction by Ayelet Shachar, and contributions by Vincent Chetail, Radhika Mongia, Moria Paz, Jürgen Bast, Janna Wessels, and Lukas Schmid.

van Aaken & Hirsch: Introduction: International Legal Theory & the Cognitive Turn

Anne van Aaken (Univ. of Hamburg - Law) & Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) have posted Introduction: International Legal Theory & the Cognitive Turn (in International Legal Theory and the Cognitive Turn, Anne van Aaken & Moshe Hirsch eds., forthcoming). Here's the abstract:

Cognitive and behavioural studies are making inroads into international law literature and international policy-making; yet their implications for international legal theory remain under- explored. This book is premised on the assumptions that first, human cognition affects the perceptions and behaviour of real-world international law decision-makers; and second, that cognitive processes matter in how international law is formed, interpreted, implemented, and theorized. The book's chapters set out to unearth if and how implicit or explicit assumptions about human cognition are present in various international legal theories; as well as if and how these theoretical approaches can be informed and potentially modified by cognitive studies. Following a succinct discussion on the ‘cognitive turn’, the Introduction briefly addresses somecentral terminological and conceptual issues of cognitive and behavioural studies used in the following chapters. It also exposes some key concepts of cognitive-behavioural studies, sheds light on various interactions between the latter studies and some prominent properties of international legal theories, and provides brief summaries of the book’s chapters.

Panel: International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles

On October 23, 2024, the International Law at Westminster (ILaW) research group will host a panel on Marco Roscini's "International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles." Panelists include Michael Wood (Twenty Essex, London), Megan Donaldson (Univ. College London), Harriet Moynihan (Chatham House), Marco Roscini (Univ. of Westminster & Geneva Academy) and Marco Longobardo (Univ. of Westminster). Details are here.

Call for Papers: In Search of Second World Approaches to International Law (SWAIL)

A call for papers has been issued for a workshop on "In Search of Second World Approaches to International Law (SWAIL)," to be held February 21-22, 2025, at the Central European University, Vienna. The call is here.

Workshop: The United Nations on the Eve of Its 80th Anniversary: Contestation, Resilience and Change

On November 28-29, 2024, the Italian Yearbook of International Law will hold a workshop on “The United Nations on the Eve of Its 80th Anniversary: Contestation, Resilience and Change” at the Law Department of the University of Ferrara. Details are here.

ASIL: Proceedings of the 117th Annual Meeting

The Proceedings of the 117th Annual Meeting of the American Society of International Law (2023), edited by Jennifer Permesly (Skadden, Arps, Slate, Meagher & Flom LLP), Priya Pillai (Asia Justice Coalition), and Sergio Puig (European Univ. Institute), is now available. The table of contents is here.

New Issue: African Journal of International Criminal Justice

The latest issue of the African Journal of International Criminal Justice (2023, no. 2) is out. Contents include:

• Lorraine Smith-van Lin, Heard or Ignored: African States’ Priorities and the Independent Expert Review of the ICC
• Charles C. Jalloh, The ICC Reform Process from the Perspective of African States Parties to the Rome Statute Better Late Than Never

New Issue: Climate Law

The latest issue of Climate Law (Vol. 14, nos. 3-4, 2024) is out. Contents include:

• Thomas L. Muinzer, A Survey of Climate Change Law in the United Kingdom
• Andreas Hösli & Meret Rehmann, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: the European Court of Human Rights’ Answer to Climate Change
• Alexander Zahar, With Swiss Seniors the Climate-Litigation Movement Chalks up Another Hollow Victory

Call for Papers: Customary IHL: Revisiting the ICRC's Study at 20 (Young Researchers)

The Institute for International Peace and Security Law (Universität zu Köln) and the Institute for International Law of Peace and Armed Conflict (Ruhr-Universität Bochum) have issued a call for papers directed at young researchers for a workshop on "Customary IHL: Revisiting the ICRC's Study at 20," to take place in Bochum in July or September 2025. The call is here.

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 65, no. 2, Spring 2024) is out. Contents include:

• Kishanthi Parella, Enforcing International Law Against Corporations: A Stakeholder Management Approach
• Eliav Lieblich, Whataboutism in International Law
• Adi Gal, Human Remedies
• Moria Paz, Toward a Taxonomy of Freedom of Movement Claims: Identifying Rights-Based Pathways for Today’s Refugees Beyond the 1951 Refugee Convention

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 38, no. 1, Spring 2024) is out. Contents include:

• Roundtable: Ethics and the War against Ukraine
• Christian Nikolaus Braun, Introduction: Ethics and the War against Ukraine
• Neil Renic, The Cost of Atrocity: Strategic Implications of Russian Battlefield Misconduct in Ukraine
• James Pattison, Ukraine, Wagner, and Russia's Convict-Soldiers
• Sophia Anastazievsky, What We Owe to Ukrainians: A Moral Perspective on Nuclear Coercion and Military Intervention
• Christian Enemark, Returning the War to Russia: Drones and Discrimination in the Defense of Ukraine
• Lonneke Peperkamp, Technology and the Civilianization of Warfare
• Features
• Eglantine Staunton & Cecilia Jacob, A Responsibility to Support Civilian Resistance Movements? Broadening the Scope of Nonviolent Atrocity Prevention
• J. S. Maloy, Beyond Crisis and Emergency: Climate Change as a Political Epic

Yilmazcan: Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China

Abdulkadir Yilmazcan has published Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China (Cambridge Univ. Press 2024). Here's the abstract:

By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 107, 2024) is out. Contents include:

• What can international justice do to stop the war? An editorial and a question
• Introduced by Maurizio Arcari and Beatrice Bonafé
• Jeffrey L. Dunoff, International justice cannot stop the war. What can?
• Anne Lagerwall, Can international justice fight the fait accompli of wars?
• Pierre D'Argent, International Law as a System of Claims