- Oceans and Space: New Frontiers in Investment Protection?
- Stephan W. Schill, Christian J. Tams & Rainer Hofmann, Oceans and Space: New Frontiers in Investment Protection? An Introduction
- Christopher Greenwood, Oceans and Space: Some New Frontiers for International Investment Law
- Seline Trevisanut & Nikolaos Giannopoulos, Investment Protection in Offshore Energy Production: Bright Sides of Regime Interaction
- Peter Tzeng, Investment Protection in Disputed Maritime Areas
- Markos Karavias, Submarine Cables and Pipelines: The Protection of Investors Under International Law
- Joanna Dingwall, International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction
- Ingo Baumann, Hussaine El Bajjati & Erik Pellander, NewSpace: A Wave of Private Investment in Commercial Space Activities and Potential Issues Under International Investment Law
- Peter Malanczuk, Investment Protection of Commercial Activities in Space: Treaties, Contracts, Licenses, Insurance, Arbitration
- Mahulena Hofmann & P.J. Blount, Emerging Commercial Uses of Space: Regulation Reducing Risks
- Stephan Hobe, Rada Popova, Hussaine El Bajjati & Julian Scheu, The Protection of Satellite Telecommunications Activities Under Bilateral Investment Treaties
Sunday, December 16, 2018
- Robin Warner, Oceans of Opportunity and Challenge: Towards a Stronger Governance Framework for Conservation and Sustainable Use of Biodiversity in Marine Areas beyond National Jurisdiction
- Michael Batty & Vivian Fernandes, Management of Tuna Fisheries for Sustainable Development in the Pacific Islands: Regional Cooperation in a Shared Fishery as a Means of Achieving the Sustainable Development Goals
- Joanna Mossop, Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?
- Christine Sim, Maritime Boundary Disputes and Article 298 of UNCLOS: A Safety Net of Peaceful Dispute Settlement Options
- Lyle J. Morris, Crossing Interagency Lines: Enhancing Navy-Coast Guard Cooperation to Combat Gray Zone Conflicts of East Asia
Saturday, December 15, 2018
- Chie Kojima, Maritime Law Enforcement in Japan
- Hadyu Ikrami & Leonardo Bernard, Indonesia’s Maritime Governance: Law, Institutions and Cooperation
- Thi Lan Anh Nguyen & Ngan Ha Mai, Vietnam Maritime Law Enforcement
- Anastasia Telesetsky, U.S. State Practice: Taking a Necessary Long-Arm Approach to Maritime Enforcement
- James Wraith & Clive Schofield, Australia’s Endeavours in Maritime Enforcement: Securing Vast and Vital Oceans
- Karen N. Scott, Maritime Law Enforcement in New Zealand
- Buhm-Suk Baek, Major Decisions from the Second Half of 2017 to the First Half of 2018
- Moshe Hirsch & Andrew Lang, Introduction to the Research Handbook on the Sociology of International Law
- Bryant G. Garth, Issues of Empire, Contestation, and Hierarchy in the Globalization of Law
- Fabian Bohnenberger & Christian Joerges, A conflicts-law response to the precarious legitimacy of transnational trade governance
- Sabine Frerichs & Rick James, Correlated ownership: Polanyi, Commons, and the property continuum
- Wouter G. Werner, Regulating Speed: Social Acceleration and International Law
- Ruth Buchanan, Kimberley Byers & Kristina Mansveld, ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development
- Andrew Lang, International lawyers and the study of expertise: representationalism and performativity
- Deval Desai, Ignorance/power: rule of law reform and the administrative law of global governance
- Mikael Rask Madsen, Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law
- Gregory Messenger, The practice of litigation at the ICJ: the role of counsel in the development of international law
- David Schneiderman, International investment law as formally rational law: a Weberian analysis
- Jeffrey L. Dunoff & Mark A. Pollack, Practice theory and international law
- Nicolas Lamp, The ‘practice turn’ in international law: insights from the theory of structuration
- Galit A. Sarfaty, An Anthropological Approach to International Economic Law
- Sergio Puig, Network analysis and the sociology of international law
- Shai Dothan, Social networks and the enforcement of international law
- Wolfgang Alschner, Locked in language: historical sociology and the path dependency of investment treaty design
- Sungjoon Cho, Social constructivism and the social construction of world economic reality
- Moshe Hirsch, Core Sociological Theories and International Law
- Vincent Bernard, The disappeared and their families: When suffering is mixed with hope
- Interview with Estela Barnes de Carlotto: President of the Grandmothers of the Plaza de Mayo
- Maleeka Salih & Gameela Samarasinghe, Families of the missing in Sri Lanka: Psychosocial considerations in transitional justice mechanisms
- Pauline Boss, Families of the missing: Psychosocial effects and therapeutic approaches
- Q&A: The ICRC's engagement on the missing and their families
- Ximena Londoño & Alexandra Ortiz Signoret, Implementing international law: An avenue for preventing disappearances, resolving cases of missing persons and addressing the needs of their families
- Bernard Duhaime & Andréanne Thibault, Protection of migrants from enforced disappearance: A human rights perspective
- Monique Crettol, Lina Milner, Anne-Marie La Rosa, & Jill Stockwell, Establishing mechanisms to clarify the fate and whereabouts of missing persons: A proposed humanitarian approach
- Isabelle Lassée, The Sri Lankan Office on Missing Persons: Truth and justice in tandem?
- Vishakha Wijenayake, The Office on Missing Persons in Sri Lanka: The importance of a primarily humanitarian mandate
- Elisabeth Baumgartner & Lisa Ott, Determining the fate of missing persons: The importance of archives for “dealing with the past” mechanisms
- Using forensic science to care for the dead and search for the missing: In conversation with Dr Morris Tidball-Binz: Forensic Manager of the Missing Persons Project, ICRC
- Grażyna Baranowska, Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons
- Gabriella Citroni, The first attempts in Mexico and Central America to address the phenomenon of missing and disappeared migrants
- Ahmed Al-Dawoody, Management of the dead from the Islamic law and international humanitarian law perspectives: Considerations for humanitarian forensics
- François Bugnion, Adoption of the Additional Protocols of 8 June 1977: A milestone in the development of international humanitarian law
- Geoff Loane & Ricardo Fal-Dutra Santos, Strengthening resilience: The ICRC's community-based approach to ensuring the protection of education
L’organisation de la poursuite des responsables de crimes de masse se présente comme un phénomène contemporain, multidimensionnel et incertain. Un phénomène contemporain car si l’on met de côté le précédent controversé – mais néanmoins précieux – des Tribunaux militaires internationaux au sortir de la Seconde Guerre mondiale (Nuremberg et Tokyo), la justice pénale internationale est née il y a vingt-cinq ans seulement, lorsque le Conseil de sécurité créa le Tribunal pénal international pour l’ex-Yougoslavie (TPIY). Un phénomène multidimensionnel puisque, depuis la « renaissance » de la justice pénale internationale en 1993, ce sont trois générations de juridictions qui ont été inventées. Les deux Tribunaux pénaux internationaux (ex-Yougoslavie et Rwanda) ; neuf juridictions dites hybrides, mêlant aspects de droit interne et de droit international ; et une juridiction pénale internationale permanente, la Cour pénale internationale (CPI). Un phénomène incertain enfin car si la CPI s’affirme ainsi comme la pièce centrale de la justice pénale internationale, si elle fait pleinement partie du paysage institutionnel international, elle peine à correspondre à l’idéal du glaive et de la balance.
Friday, December 14, 2018
- Nadia Banteka, A Theory of Constructive Interpretation for Customary International Law Identification
- Michael Da Silva, The International Right to Health Care: A Legal and Moral Defense
- Andrew Kent, Piracy and Due Process
- Vera Shikhelman, Access to Justice in the United Nations Human Rights Committee
- S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport & Hao Duy Phan, The South China Sea Arbitration: Laying the Groundwork
- Robert Beckman, Jurisdictional Issues in the South China Sea Arbitration
- Stuart Kaye, Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle
- Tara Davenport, Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration
- Clive R Symmons, Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now?
- Youna Lyons, Luu Quang Hung & Pavel Tkalich, Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective
- Erik Franckx, The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward
- Myron H Nordquist, UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation?
- J Ashley Roach, Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award
- Nilüfer Oral, The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment
- J Ashley Roach, Rocks Versus Islands: Implications for Protection of the Marine Environment
- S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport & Hao Duy Phan, Conclusion
Thursday, December 13, 2018
The Trump administration has been launching numerous challenges to international law. Countless commentators have lamented the decline of multilateralism and the so-called “Liberal World Order.” We may indeed be witnesses of the comeback of 19th century thinking on sovereignty and a return to Balance of Power Politics.
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.
Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Moon & Toohey: The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited
- Andrew Lang, Foreword
- Gillian Moon & Lisa Toohey, Introduction to the embedded liberalism compromise
- Meredith Kolsky Lewis, The embedded liberalism compromise in the making of the GATT and Uruguay Round Agreements
- Lisa Toohey, The embedded liberalism compromise as touchstone in times of political turmoil
- Gillian Moon, Universal human rights in the embedded liberalism compromise
- Chios Carmody, Recalibrating the embedded liberalism compromise: 'legitimate expectations' and international economic law
- Fiona Smith, From agriculture to food security: embedded liberalism and stories of regulatory failure
- Hsu-Hua Chou & Weihuan Zhou, Embedded liberalism and national treatment: the case of Taiwan's Mijiu taxation
- Catharine Titi, Embedded liberalism and international investment agreements: the future of the right to regulate, with reflections on WTO law
- Andrew D. Mitchell & Elizabeth Sheargold, Regulatory coherence in future free trade agreements and the idea of the embedded liberalism compromise
- Rachel Harris ,Embedded liberalism as a framework for description, critique and advocacy: the case of human rights measures under the GATT
- Justine Nolan & Gillian Moon, Embedded liberalism and global business: domestic stability versus corporate autonomy?
- Franziska Sucker, The embedded liberalism compromise and cultural policy measures. Maintaining cultural diversity alongside WTO law
- Emily Reid, The WTO's purpose, regulatory autonomy and the future of the embedded liberalism compromise
- Special Issue: Exiting International Organizations
- Catherine M Brölmann, Richard Collins, Sufyan Droubi & Ramses A Wessel, Exiting International Organizations: A Brief Introduction
- Nicolas Kang-Riou & David Rossati, The Effects of Juridification on States Exiting International Institutions
- Jed Odermatt, How to Resolve Disputes Arising from Brexit: Comparing International Models
- Siri Silvereke, Withdrawal from the EU and Bilateral Free Trade Agreements: Being Divorced Is Worse?
- William Thomas Worster, Brexit and the International Law Prohibitions on the Loss of EU Citizenship
- Juan-Pablo Perez-Leon-Acevedo, Why Retain Membership of the International Criminal Court? Victim-Oriented Considerations
- Frederick Cowell, Exit Clauses in Regional Human Rights Systems: The Socialisation of Human Rights Law at Work?
- Eberhard Schmidt-Aßmann, Zum Standort der Rechtsvergleichung im Verwaltungsrecht
- Beáta Bakó, The Zauberlehrling Unchained?
- Jeanique Pretorius, Enhancing Environmental Protection in Non-International Armed Conflict: The Way Forward
- Andrea de Guttry, The Right of Aliens to Vote and to Carry Out Political Activities: A Critical Analysis of the Relevant International Obligations Incumbent on the State of Origin and on the Host State
- Malte Fischer, Der Zwei-plus-Vier-Vertrag und die reparationsberechtigten Drittstaaten
- Ignacio de la Rasilla, Islam and the Global Turn in the History of International Law
- Ignacio de la Rasilla, The Protean Historical Mirror of International Law
- Michelle Burgis-Kasthala, How Should International Lawyers Study Islamic Law and Its Contribution to International Law?
- Ayesha Shahid, An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions
- John D. Haskell, Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion
- Robert Kolb, The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?
- Jean Allain, Khadduri as Gatekeeper of the Islamic Law of Nations?
- Ignacio Forcada Barona, In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law
- Pierre-Alexandre Cardinal & Frédéric Mégret, The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix
- Luigi Nuzzo, Law, Religion and Power: Texts and Discourse of Conquest
- Ilias Bantekas, Land Rights in Nineteenth-Century Ottoman State Succession Treaties
- Haniff Ahamat & Nizamuddin Alias, The Evolution of the Personality of the Malay Sultanate States
- Matthias Vanhullebusch, On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?
- Mohamed Badar, Ahmed Al-Dawoody & Noelle Higgins, The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse
This chapter explores the relationship between international criminal justice and the field of humanitarianism. From some perspectives within these fields, humanitarianism and international criminal justice are diametrically opposed (international criminal justice against humanitarianism). Whilst recognising the differences in mandates and operational practices, this chapter argues that the fields nevertheless share certain attributes and challenges. Building on these parallels, the chapter illustrates two central issues faced by both fields: their relationship to and enactment of politics and their accountability to various constituencies (international criminal justice and humanitarianism). In addition to facing analogous challenges, the fields may in fact overlap when international criminal justice addresses humanitarian concerns by undertaking relief provision, or when lawyers use international criminal justice as a practice to alleviate suffering (international criminal justice as a form of humanitarianism). The chapter concludes with a call for further reflexivity in the field of international criminal justice, inspired by developments in humanitarian scholarship and practice.
Wednesday, December 12, 2018
The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. Without central authority, authoritativenes in international law must always be earned which is also the reason for the lack of an hierarchical order between as well as within judicial pronouncements and learned writings though the former are usually more likely to fulfil the criteria of authoritativeness. In both cases, however, previously acquired reputation of a court or even an individual judge as well as of a learned writer can create a presumption of authoritativeness. On a more general level, the author concludes with a call for a more careful differentiation between the determination of law and its application. Putting the issue discussed into perspective, the author argues that situations of law determination arise, contrary to common understanding, in fact far less often than situations of law application.
Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.
But what if the problem isn’t policy, but principle? The major international economic institutions of the last few decades have been based on and around a normative principle of “growing the pie” and “raising all boats.” Most policy tweaks that have been suggested assume this neoliberal principle, even while trying to soften it harder edges. But it’s not clear that those voting against trade agreements agree.
This essay reconsiders the normative basis of international economic law, searching for a new narrative that can reopen and reinvigorate trade politics while justifying and directing the regime going forward. Surveying various normative narratives put forward in the past, it asks what an embedded liberalism might look like in an era of complex transnational supply chains. It suggests that an international economic order built around a state’s obligations to provide for the welfare of its people might need to reorient around other policy issues like tax and regulations, shifting trade from the driver to passenger in international negotiations.
- Andrea Broderick, The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?
- Agustín Ruiz Robledo, The construction of the right to free elections by the European Court of Human Rights
- Tania Penovic & Ronli Sifris, Expanding the feminisation dimension of international law: targeted anti-abortion protest as violence against women
- Róisín A Costello, International criminal law and the role of non-state actors in preserving open source evidence
- Tsvetelina van Benthem, Social media actors in the fight against terrorism: technology and its impact on human rights
- Eva Kassoti, Doing business right? Private actors and the international legality of economic activities in occupied territories
- Johanna Aleria P Lorenzo, International law-making in the field of sustainable development and an emerging droit commun among international financial institutions
Tuesday, December 11, 2018
This article takes the Ethiopian case as a lens on how the existence of the League refracted approaches to statehood and belonging for polities on the margins of the “family of nations.” Unlike many other doctrinal or historical treatments, this article does not focus on any one juridical concept or doctrine, such as sovereignty, statehood, or recognition. Rather, it traces the flux within concepts, and the uneasy relation between them, which come to light when public statements in the League are read alongside deliberations within European foreign ministries, and projects of reform pursued in Ethiopia itself. Refocusing on the complexity of contemporary discussions reveals how juridical approaches have shifted over time in their relation to concrete factors such as military force, bureaucratic organization and political structures, and bridges a distinction entrenched by disciplinary demarcations in the secondary literature on statehood and state-making.
- John Karlsrud, From Liberal Peacebuilding to Stabilization and Counterterrorism
- Rachel Julian & Russell Gasser, Soldiers, Civilians and Peacekeeping – Evidence and False Assumptions
- Georgina Holmes, Situating Agency, Embodied Practices and Norm Implementation in Peacekeeping Training
- Oliver P. Richmond, Peace and the Formation of Political Order
- Steffi Raes, Cind Du Bois & Caroline Buts, Supplying UN Peacekeepers: An Assessment of the Body Bag Syndrome among OECD Nations
- Special Issue: The Relationship between International Humanitarian Law and General International Law
- Michael N Schmitt, Foreword
- Lawrence Hill-Cawthorne & Kubo Mačák, Editorial: The Relationship between International Humanitarian Law and General International Law
- Katharine Fortin, How to Cope with Diversity While Preserving Unity in Customary International Law? Some Insights from International Humanitarian Law
- Vito Todeschini, The Impact of International Humanitarian Law on the Principle of Systemic Integration
- Marco Longobardo, The Contribution of International Humanitarian Law to the Development of the Law of International Responsibility Regarding Obligations Erga Omnes and Erga Omnes Partes
- Remy Jorritsma, Where General International Law meets International Humanitarian Law: Attribution of Conduct and the Classification of Armed Conflicts
- Antal Berkes, The Standard of ‘Due Diligence’ as a Result of Interchange between the Law of Armed Conflict and General International Law
- Rogier Bartels, The Relationship between International Humanitarian Law and the Notion of State Sovereignty
- Christoph Gusy, Minderheitenrecht vor neuer Bewährungsprobe
- Gaetano Pentassuglia, Group Identities and Human Rights: How Do We Square the Circle in International Law?
- Lauri Hannikainen, National Minorities in Finland
- Guiu Sobiela-Caanitz, Que signife «Europa Ethnica»?
- Klaus-Jürgen Nagel, Der katalanische Unabhängigkeitsprozess: Mit der roadmap in die Sackgasse?
Monday, December 10, 2018
- Kathleen Claussen & David Singh Grewal, Introduction
- Rachel Brewster, The Trump Administration and the Future of the WTO
- Timothy Meyer, Trade, Redistribution, and the Imperial Presidency
- Joel P. Trachtman, A World Trade Organization for Workers?
- Gregory Shaffer, A Tragedy in the Making? The Decline of Law and the Return of Power in International Trade Relations
- Andrew Lang, Protectionism’s Many Faces
- David Singh Grewal, A Research Agenda for Trade Policy in the Trump Era
- Padideh Ala’I, The Trump Administration vs. the WTO Appellate Body: How the Appellate Body Can Help Maintain Global Economic Relations and Peace
- Chantal Thomas, Trade and Development in an Era of Multipolarity and Reterritorialization
- Kathleen Claussen, Old Wine in New Bottles? The Trade Rule of Law
- Harold Hongju Koh, Epilogue