- Matheus Gobbato Leichtweis, Bob Marley and the TWAILers: Music, Decolonization, and the Critique of International Legal Education
- S. Ali Malik, Making the New Developmental State: International Law and Neoliberal State Formation in India
- Jane Ezirigwe, TWAIL As A Scholarly Approach To Teaching International Economic Law In Selected African Universities: Pedagogy And Challenges
- Conrad Bryan, The Pursuit of Justice for Children of African Irish Descent: Can International Law provide a pathway to justice?
- Ọláolúwa Òní, Nigeria’s Settler-Colonial Present: Review Essay of Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge
- Christiana Essie Sagay, Transnational Labour Mobility and Issue-Linkages in the Global Compact for Safe, Orderly and Regular Migration: A TWAIL Analysis
- Kamari Maxine Clarke, El imperio del derecho a través de la economía de las apariencias: la construcción discursiva de “El Señor de la Guerra Africano”
- Usha Natarajan & Kishan Khoday, Situando la naturaleza: hacer y deshacer el derecho internacional
Wednesday, November 6, 2024
New Issue: TWAIL Review
New Issue: Michigan Journal of International Law
- Diane Marie Amann, Child-Taking
- Nikola R. Hajdin, Neutral Business Assistance and the Limits of Complicity under International Criminal Law
- Catharine Titi, Investment Treaty Arbitration Caught in the Public-Private Law Divide
Tuesday, November 5, 2024
New Issue: Human Rights Quarterly
- Bingwan Xiong & Li Chen, Unravelling the Challenges in Implementing China’s New Anti-Sexual Harassment Law
- Elida Guerra, Camila v. Peru: Standards Set by CRC on Sexual and Reproductive Rights
- Eric Heinze, Identitarian Hatreds and Disloyalty Propaganda: Revisiting the Eurocentrism of Human Rights
- Chidi Anselm Odinkalu, The Right to Be Human: Rest and Leisure in International Human Rights Law
- Rebecca Smyth Abortion Exceptionalism in International Human Rights Law
- Mark Yost, Kasey Fernandez, Etoile Nelson, Rochelle Dicker, & Maryam Farzanegan, Gun Violence Against Children in the U.S
Call for Papers: Freedom of the seas and freedom of the individual: a historical appraisal
Call for Submissions: The Impact of Environmental and Climate Change on the Oceans and Marine Resources
Monday, November 4, 2024
Call for Papers: International Legal Work(shop): Compositions and Performances of Global Governance
Sunday, November 3, 2024
Call for Papers: Ljubljana Sanctions Conference
Thursday, October 31, 2024
Call for Papers: 9th Asian International Economic Law Network Conference
New Issue: Journal of the History of International Law / Revue d'histoire du droit international
- Robert Schütze, British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law Part II
- Shiu Chung Chan, Unequal Treaty in Practice: A Story about Article 23 of the Treaty of Tientsin
- Paola Zichi, Gender, Human Rights Networks, and the State of Emergency During the Arab Revolt (1936–1939)
Tuesday, October 29, 2024
Call for Submissions: Netherlands Yearbook of International Law
New Issue: GlobaLex
- Julienne E. Grant, Researching Comparative Constitutional Law
Monday, October 28, 2024
Conference: Radhabinod Pal: A Trailblazer of TWAIL in Decolonizing India?
Sunday, October 27, 2024
New Issue: Korean Journal of International and Comparative Law
- Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law
- Seokwoo Lee, Reflections on the Interpretation and Application of International Law by South Korea, China, and Japan and Leadership in the Formation of International Norms in East Asia
- Seokwoo Lee, Preface to the Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law
- Naoshi Takasugi, Harmonization of Jurisdictional and/or Choice-of-Law Rules: Introduction to the Asian Principles of Private International Law (APPIL) Project
- Yuko Nishitani, Challenges of Private International Law in Asia
- Adeline Chong, “Asian” Principles for the Recognition and Enforcement of Foreign Judgments? Singapore as a Case Study
- Wilson Lui, Asian Private International Law and Hong Kong
- Dai Yokomizo, ILA Guidelines on Intellectual Property and Private International Law
- Zheng (Sophia) Tang, Territoriality and Intellectual Property Infringement Proceedings
- Bui Thi Quynh Trang, Phan Dinh Nguyen, & Nguyen Thi Hong Trinh, Admissibility of ILA Principles on Intellectual Property and Private International Law in Vietnam
Saturday, October 26, 2024
New Volume: Asian Yearbook of Human Rights and Humanitarian Law
- Part 1 Governance and Accountability
- Nuwani Nirmani Rathugama, Paving the Way for a South Asian Human Rights Mechanism: Lessons Learnt from Regional Human Rights Mechanism with Special Reference to India and Sri Lanka
- Thomas Phillips, The Contradictions of the UK Human Rights Act
- Ben Stanford, Who Watches the Watchmen? Independent Observers, Constitutional Principles and Democratic Accountability
- Harison Citrawan & Sabrina Nadilla, Law, Affective Bureaucracy, and the Registration of Public Satisfaction in Indonesia
- Part 2 Justice and Accountability
- Khanlar Gadjiev & Maria Filatova, General Measures in the Process of Enforcement of International Courts’ Judgments: Between Subsidiarity and Binding Nature
- Ignatius Yordan Nugraha, Deferring to Consensus and Procedural Rationality: Assessing the European Court of Human Rights’ Approach to Majoritarian Will
- M Jashim Ali Chowdhury & Jubaer Ahmed, Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters
- Ashfaquzzaman Chowdhury, ‘Pay First’ to Unlock the Appeal? A Controversial Appeal Provision in the Negotiable Instruments Act, 1881 of Bangladesh
- Part 3 Economic and Social Justice
- Mohammad Towhidul Islam & Nurun Nahar Urmi, Realizing the Right to Property under the Constitution of Bangladesh: Myths and Realities
- Aktieva Tri Tjitrawati, Mochamad Kevin Romadhona, Oemar Moechthar, & Sri Endah Kinasih, The Palu Disaster and Indonesia’s Obligation to Ensure the Right of Adequate Housing and Land Rights: Mission Accomplished?
- Mohammad Abu Taher, Siti Zaharah Jamaluddin, & Tahsin Khan, Protection of Children on the Internet within the Legal Landscape of Bangladesh: An Appraisal
- Part 4 Violence and Accountability
- Zia Akhtar, Rohingyan Muslims, Monism and Expanding the Responsibility to Protect Mechanism
- Lakmali Bhagya Manamperi, Prospects of Environmental Liability before the International Criminal Court: A Case Study on the International Armed Conflict between Russia and Ukraine
- Darul Mahdi, The Problematic Inclusion of a Motive Element in the Indonesian Definition of Terrorism
- Natia Kalandarishvili-Mueller, Reporting from War Zones: How Does International Humanitarian Law Protect Journalists?
Thursday, October 24, 2024
Call for Papers: Imperialism, Sovereignty and the making of International Law; 20 years on
Wednesday, October 23, 2024
Urs: The Elusiveness of “Interdependent Obligations” and the Invocation of Responsibility for Their Breach
Since the adoption in 2001 of the International Law Commission’s ‘Articles on the Responsibility of States for Internationally Wrongful Acts’, attention has been increasingly drawn to the enforcement by states individually of multilateral obligations. The Commission, for its part, addressed the invocation of responsibility for breaches of such obligations by distinguishing between the respective entitlements of ‘an injured State’, under article 42, and ‘a State other than injured State’, under article 48. In line with this distinction, the existing debate has focused largely on clarifying the entitlement of ‘a State other than an injured State’ to invoke responsibility for breaches of obligations owed erga omnes partes or erga omnes, in accordance with article 48. In contrast, little or no attention is paid in the discussion to ‘interdependent obligations’, which, while deemed to constitute a subset of obligations erga omnes partes, were deliberately placed by the Commission in article 42(b)(ii) as multilateral obligations whose breach was said to injure ‘all the other States to which the obligation is owed’. This article lends necessary clarity to this ‘curious category’ of obligations with a view to the distinction between article 42(b)(ii) and article 48, both of which address breaches of multilateral obligations, but which set out different routes to the invocation of responsibility.
Berkes: The obligation to cooperate to protect against serious breaches of the European and American Conventions on Human Rights
This paper discusses the obligation of States to cooperate as a duty that stems from two different areas of international law. First, States are obliged to cooperate under the law of State responsibility, the aim of cooperation within this framework being to bring to an end serious breaches of peremptory norms. The second area is international human rights law and, in particular, the European (ECHR) and the American Conventions on Human Rights (ACHR), as these instruments have been interpreted by the respective regional human rights courts to encompass a procedural obligation for States to cooperate with a view to protect human rights. The paper asks whether the obligation to cooperate, as constructed by the two regional human rights courts, has any overlap with the obligation to cooperate under the law of State responsibility, and, if yes, whether it can and does cross-fertilise the interpretation of the latter. The analysis of the relevant case law provides two affirmative answers. First, there is common space between the obligations to cooperate under the law of State responsibility, the ECHR, and the ACHR. Second, analysis also identifies certain features in the relevant human rights case law that enrich the obligation to cooperate under the law of State responsibility. These features are the effectiveness in the protection of the most fundamental norms and interpretation of the duty to cooperate through systemic integration. Systemic integration is necessary to concretise the conduct States are expected to develop as the obligation to cooperate refers to a rather open list of relevant rules of international law applicable to that State.
Longobardo & Violi: Access to justice for atrocities in the comparison of land-mark cases on state immunity in Brazil and Italy
This article investigates differences and similarities in the approach of Italian and Brazilian domestic courts to the topic of access to justice for atrocities and the role of state immunity, taking particular note of the limited and select dialogue between the two judiciaries and reflecting on the potential for further developments of the customary international law rule on state immunity. To do so, the article first outlines the rule on state immunity and offers an overview of the articulated Italian case law on why state immunity cannot bar access to justice for atrocities, considering the judicial developments occurred after 2004. The paper moves on to describe the recent 2021 decision of the Brazilian Supremo Tribunal Federal, in which the Brazil judiciary seemingly joined the Italian trend against state immunity when atrocities are committed. The two different judicial trends are then compared and analysed, with a discussion on the limited explicit reference to Italian decisions by the Supremo Tribunal Federal. The article concludes the research by describing the likely impact of these judicial trends on future developments on the relationship between access to justice for atrocities and state immunity.
Call for Expressions of Interest: (De-/re-)constructions of International Law over Time and Space
Abel, Beham, Dederer, & Herrmann: Völkerrechtliche Perspektiven auf die internationale Streitbeilegung
Tuesday, October 22, 2024
O'Hara & Paige: Queer Encounters with International Law: Lives, Communities, Subjectivities / Queer Engagements with International Law: Times, Spaces, Imaginings
These sibling edited books apply insights from queer theory to a range of new issues and topics in international law. Queer Encounters explores new issues relating to gender, sexuality and LGBTIQ communities in international law, such as recent contestation over the definition of 'gender' in international criminal and human rights law and the possibility of building an international queer abolitionist movement. In contrast, Queer Engagements moves beyond queer theory's site of origin by applying queer theory to a range of new topics international law not directly related to gender and sexuality, including international environmental law, international space law, international heritage law and travaux préparatoires. These collections will be invaluable to scholars of international law and international relations with an interest in critical approaches in these areas.
Berkes, Collins, & Deplano: Reassessing the Articles on the Responsibility of International Organizations: From Theory to Practice
This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
The editors have brought together a diverse group of legal experts to analyse various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law.
New Issue: Chinese Journal of International Law
- Articles
- Marten Zwanenburg, The Use of OSINT for Military Operations Abroad under International Humanitarian Law and International Human Rights Law
- Yue Zhang & Yuqi Zhou, Reviewing the Necessity Test in a PHEIC: “Least Intrusiveness” or “Reasonable Necessity”
- Comments
- Yury Rovnov, Judicialization of Global Climate Governance: In Defence of the Paris Agreement
- Güneş Ünüvar & Xueji Su, International Legal Governance of Space Resources and the Role of National Frameworks: The Case of China
- Current Developments
- Ignacio de la Rasilla, The Rise in the Participation of Asia Pacific States in the Proceedings of the International Court of Justice (2010-2023)
- Barbara Stępień, Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Francesca Romanin Jacur, L’evoluzione del diritto internazionale dell’ambiente tra prassi successiva e interpretazione giudiziale degli accordi
- Andrea Mensi, The Identification of International Non-Binding Agreements Through the Lens of Subjective and Objective Indicators: Fiction or Reality?
- Luca Martelli, I “paradisi ambientali”: prima che economico, un fenomeno giuridico di diritto internazionale
- Mario Pasquale Amoroso, Convergence and Divergence Between International Humanitarian Law and the Law of Neutrality in Inter-State Military Assistance: Lessons from Recent State Practice in the Russia-Ukraine Conflict
- Rosa Stella de Fazio, Alcune considerazioni sul Trattato a tutela della biosostenibilità marina
- Osservatorio Diritti Umani
- Antonio Alì, Encryption Backdoors on Trial: The Telegram Case Before the European Court of Human Rights
- Grazia Eleonara Vita, Cambiamento climatico e diritti umani. Note alla sentenza della Corte europea dei diritti umani Verein KlimaSeniorinnen e altri c. Svizzera
- Osservatorio Europeo
- Fabiola Massa, La tutela brevettuale del farmaco nell’ordinamento multilivello tra passato e futuro
New Issue: Journal of International Economic Law
- Mira Burri & Kholofelo Kugler, Regulatory autonomy in digital trade agreements
- Alan O Sykes, The utility of appellate review at the WTO and its optimal structure
- Giulia Claudia Leonelli & Francesco Clora, Retooling the regulation of net-zero subsidies: lessons from the US Inflation Reduction Act
- Jie (Jeanne) Huang, The rise of data property rights in China: how does it compare with the EU data act and what does it mean for digital trade with China?
- Jaemin Lee, The automatic termination clause in the Fisheries Subsidies Agreement—brinkmanship for future negotiation or a time bomb for self-destruction?
- Yawen Zheng, Rethinking the ‘Full Reparation’ standard in energy investment arbitration: how to take climate change into account
- Noam Noked & Jingyi Wang, Chinese companies in tax havens
- Anu Bradford, Adam Chilton, & Katerina Linos, Dynamic diffusion
- Marios Tokas, The concept of the level playing field in International Economic Law