- Tamar Meshel, The Harmon Doctrine is Dead, Long Live the Harmon Doctrine!
- Jocelyn Getgen Kestenbaum, Prohibiting Slavery & The Slave Trade
Tuesday, November 29, 2022
The latest issue of the Virginia Journal of International Law (Vol. 63, no. 1, Fall 2022) is out. Contents include:
Monday, November 28, 2022
here. The deadline is January 15, 2023.
Ventura & Heffes: ‘Genocide’ Against Political Groups in Latin America in light of the Travaux Préparatoires of the Genocide Convention (1948): The Case of Argentina
Manuel J. Ventura & Ezequiel Heffes have posted ‘Genocide’ Against Political Groups in Latin America in light of the Travaux Préparatoires of the Genocide Convention (1948): The Case of Argentina (in Göttingen Handbook for Latin American Law, Kai Ambos & José Martinez eds, forthcoming). Here's the abstract:
This chapter examines the genocide findings made by some Argentinian courts as a result of the widespread and severe human rights violations that occurred during the military dictatorship of 1976-1983. Based predominantly on a narrow selection of the travaux préparatoires and other documents predating the Genocide Convention (1948), as well as a decision from Spain’s Audiencia Nacional, Argentinian judges have held that the physical destruction of ‘political groups’ as such or effectively as a part of a national group falls within the definition of genocide as included in said Convention. This chapter reviews the travaux préparatoires of the Genocide Convention (1948) relevant to the protected groups and shows that the drafters did not envisage genocide against political groups directly or indirectly as part of a national group. Accordingly, these Argentinian cases do not withstand close academic scrutiny.
Sunday, November 27, 2022
Asia-Pacific Journal of International Humanitarian Law, a publication of the Institute of International Legal Studies - University of the Philippines Law Center and the International Committee of the Red Cross, is now accepting submissions for its 2023 Edition. The call is here. The deadline is on January 31, 2023.
Jalloh: The ICC Reform Process and the Failure to Address the African State Concerns on the Sequencing of Peace with Criminal Justice Under Article 53 of the Rome Statute
Charles C. Jalloh (Florida International Univ. - Law) has posted The ICC Reform Process and the Failure to Address the African State Concerns on the Sequencing of Peace with Criminal Justice Under Article 53 of the Rome Statute (N.Y.U. Journal of International Law & Politics, Vol. 54, no. 3, p. 809, Spring 2022). Here's the abstract:
The relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the ICC Office of the Prosecutor’s (OTP) policy paper on the interests of justice. Regrettably, despite the longstanding African State Party concern about the peace-justice interface, the September 2020 ICC independent expert report produced for the Assembly of States Parties missed the opportunity to expressly address this important issue. The author submits that, while the OTP appears to have embraced a more nuanced view of the interests of retributive justice and how they relate to the interests of sustainable peace, it maybe timely for the formal ICC review process to consider how to bring further clarity to resolution of this issue in the context of the ongoing ICC reform discussions. Formally giving the OTP some guidance on how to balance the interests of justice considerations after it begins a formal investigation into a situation should help limit some of the criticisms directed towards the ICC as it engages in the challenging task of dispensing justice for victims of atrocity crimes in Africa and other parts of the world.
Call for Input: Reports on “The impact of unilateral coercive measures on the right to health” and “Secondary sanctions, over-compliance and human rights”
The Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights has issued a call for input to reports on “The impact of unilateral coercive measures on the right to health,” for the 54th Session of the UN Human Rights Council (September 2023), and “Secondary sanctions, over-compliance and human rights,” for the 78th Session of the UN General Assembly (October 2023). The call is here.
The Everyday Makers of International Law: From Great Halls to Back Rooms (Cambridge Univ. Press 2022). Here's the abstract:
This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.
The latest issue of Transnational Environmental Law (Vol. 11, no. 3, November 2022) is out. Contents include:
- Thijs Etty, Josephine van Zeben, Cinnamon Carlarne, Leslie-Anne Duvic-Paoli, Bruce Huber, & Anna Huggins, The Possibility of Radical Change in Transnational Environmental Law
- Symposium: Private Rigths for Nature
- Laura Burgers, Symposium Foreword: Private Rights of Nature
- Björn Hoops, What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature
- Alex Putzer, Tineke Lambooy, Ignace Breemer & Aafje Rietveld, The Rights of Nature as a Bridge between Land-Ownership Regimes: The Potential of Institutionalized Interplay in Post-Colonial Societies
- Visa A.J. Kurki, Can Nature Hold Rights? It’s Not as Easy as You Think
- Peter Lawrence, Justifying Representation of Future Generations and Nature: Contradictory or Mutually Supporting Values?
- Eva Bernet Kempers, Transition rather than Revolution: The Gradual Road towards Animal Legal Personhood through the Legislature
- Christine Parker & Lucinda Sheedy-Reinhard, Are Banks Responsible for Animal Welfare and Climate Disruption? A Critical Review of Australian Banks’ Due Diligence Policies for Agribusiness Lending
- Yoshiko Naiki & Jaruprapa Rakpong, EU–Third Country Dialogue on IUU Fishing: The Transformation of Thailand’s Fisheries Laws
- Wei-Chung Lin, Bringing Multilateral Environmental Agreements into Development Finance: An Analysis of the Asian Infrastructure Investment Bank’s Environmental and Social Framework
The latest issue of the International Journal of Refugee Law (Vol. 34, no. 2, June 2022) is out. Contents include:
- Michelle Foster, Hannah Gordon, Hélène Lambert, & Jane McAdam, ‘Time’ in Refugee Status Determination in Australia and the United Kingdom: A Clear and Present Danger from Armed Conflict?
- Ekaterina Yahyaoui Krivenko, Reassessing the Relationship between Equality and Vulnerability in relation to Refugees and Asylum Seekers in the ECtHR: The MSS Case 10 Years On
- Yulia Ioffe, The Right to Family Reunification of Children Seeking International Protection under the Convention on the Rights of the Child: Misplaced Reliance on Travaux?
- Valentin Feneberg, Nick Gill, Nicole I J Hoellerer, & Laura Scheinert, It’s Not What You Know, It’s How You Use It: The Application of Country of Origin Information in Judicial Refugee Status Determination Decisions – A Case Study of Germany
Saturday, November 26, 2022
Megan Donaldson (Univ. College London - Law) has published Peace, war, law: teaching international law in contexts (International Journal of Law in Context, vol. 18, no. 4, pp. 393-402, December 2022). Here's the abstract:
This essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice versa. It turns, finally, to an examination of the promise and limits of interdisciplinarity – particularly recourse to history as a discipline – in illuminating contexts.
Maia, Moreira, & Gurgel: Direito Internacional dos Direitos Humanos e as pessoas em situação de vulnerabilidade
Direito Internacional dos Direitos Humanos e as pessoas em situação de vulnerabilidade (Polimatia 2022). The table of contents is here. Here's the abstract:
O livro Direito Internacional dos Direitos Humanos e as pessoas em situação de vulnerabilidade (vol. 3) aborda questões atuais relacionadas com a proteção global e geral dos direitos humanos, a proteção específica dos migrantes, a proteção regional dos direitos humanos, bem como o impacto do direito internacional dos direitos humanos no âmbito doméstico. Trata-se uma obra que conta com 21 artigos científicos, de autoria de discentes da graduação e pós-graduação em Direito da Universidade Federal do Rio Grande do Norte (UFRN), além de artigos, entre outros, de professores/pesquisadores do Centro Universitário do Estado do Pará (CESUPA), da Universidade Federal do Maranhão (UFMA), da Universidade Federal da Paraíba (UFPB), da Universidade Estadual de Londrina (UEL), da Universidade Federal de Uberlândia (MG), da Universidade Municipal de São Caetano do Sul (USCS), do Centro Universitário Antônio Eufrásio de Toledo de Presidente Prudente e da Universidade Lusófona do Porto (Portugal).
Scarfi: The Latin American politics of international law: Latin American countries’ engagements with international law and their contradictory impact on the liberal international order
Juan Pablo Scarfi (Univ. of San Andres) has published The Latin American politics of international law: Latin American countries’ engagements with international law and their contradictory impact on the liberal international order (Cambridge Review of International Affairs, vol. 35, no. 5, pp. 662-679, 2022). Here's the abstract:
Recent studies on international law and liberalism have shown convincingly that both liberal internationalism and international law have played a central role in the international politics of Latin America and that Latin American countries have contributed to the consolidation of multilateralism and the Liberal International Order (LIO). Yet, the connections between the institutionalisation of international law and the rise of liberal internationalism in the region have tended to be overlooked. This article examines the genealogy of these connections, focusing on the emergence of two contending legal traditions, a solidarist liberal internationalist tradition and a pluralist and political one. The article argues that the emergence of these opposing legal traditions across the region have had a contradictory impact on the formation of the LIO, contributing to its emergence and consolidation by promoting multilateralism, and to challenging and revising some of its fundamentals when stressing a strong attachment to absolute non-intervention.
Global Policy (Vol. 13, no. 5, November 2022) is out. Contents include:
- Research Articles
- Richard Higgott & Simon Reich, The age of fuzzy bifurcation: Lessons from the pandemic and the Ukraine War
- Anju Mary Paul, Jiang Haolie, & Cynthia Chen, If caring begins at home, who cares for the carers? Introducing the Global Care Policy Index
- David Coen, Julia Kreienkamp, Alexandros Tokhi, & Tom Pegram, Making global public policy work: A survey of international organization effectiveness
- Melanie van Driel, Frank Biermann, Rakhyun E. Kim, & Marjanneke J. Vijge, International organisations as ‘custodians’ of the sustainable development goals? Fragmentation and coordination in sustainability governance
- Marianne Beisheim & Felicitas Fritzsche, The UN High-Level Political Forum on Sustainable Development: An orchestrator, more or less?
- Laerte Apolinário Júnior & Felipe Jukemura, A comparative analysis of the environmental and social policies of the AIIB and World Bank
- Andreas Klasen, Roseline Wanjiru, Jenni Henderson, & Josh Phillips, Export finance and the green transition
- Stephen P. Groff, A contemporary social contract: An exploration of enabling factors influencing climate policy intractability in developed nations
- Friederike E. L. Otto, Petra Minnerop, Emmanuel Raju, Luke J. Harrington, Rupert F. Stuart-Smith, Emily Boyd, Rachel James, Richard Jones, & Kristian C. Lauta, Causality and the fate of climate litigation: The role of the social superstructure narrative
- Alfredo Arahuetes García & Gonzalo Gómez Bengoechea, Back to the Future: Lessons from the 2009–2012 austerity policies for the aftermath of the COVID crisis
- Javier Bilbao-Ubillos & Ana-Isabel Fernández-Sainz, The results of internal devaluation policy as a crisis exit strategy: The case of Spain
- Matthew Rendall, Nuclear war as a predictable surprise
- Policy Insights
- Len Fisher & Anders Sandberg, A Safe Governance Space for Humanity: Necessary Conditions for the Governance of Global Catastrophic Risks
- Aly Verjee, Ceasefire monitoring under fire: The OSCE, technology, and the 2022 war in Ukraine
- Michael Lloyd & Chris Dixon, A future multipolar world
- Response Articles
- Fred H. Lawson & Matteo Legrenzi, Iran's Taliban problem revisited
- Benoit Mayer, Attribution science and the fate of climate litigation
conference on "UNCLOS @ 40: The next 40 years," online and at the National and Kapodistrian University of Athens. The program is here. Registration is here.
The latest issue of the Journal of Conflict Resolution (Vol. 67, no. 1, January 2023) is out. Contents include:
- Lauren Kahn & Michael C. Horowitz, Who Gets Smart? Explaining How Precision Bombs Proliferate
- Christoph Valentin Steinert, The Impact of Domestic Surveillance on Political Imprisonment: Evidence from the German Democratic Republic
- Theodore McLauchlin, State breakdown and Army-Splinter Rebellions
- Deniz Aksoy, Andrew Menger, & Margit Tavits, The Effect of Curfews on Political Preferences
- Joseph M. Cox & Rachel D. Van Nostrand, Wielding the Gavel or Balancing the Scales? Domestic Legal Systems and Post-Conflict Justice
- Data Set Feature
- Barış Arı, Peace Negotiations in Civil Conflicts: A New Dataset
On December 6-7, 2022, Westminster Law School and the University of Jyväskylä will hold a conference on "Justice for Atrocities: Dialogues and Encounters between Latin-America and Europe" online and (in part) in person. Registration and program are here.
The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 21, no. 3, 2022) is out. Contents include:
- Symposium: International Law without International Courts
- David Bigge, Rule of Law Without International Courts
- Philip Burton, Law, Adjudication, and the “Experiment of International Administration” (1920–1946)
- Eleni Methymaki, Thinking Beyond International Adjudication: Inspections as Instruments of Order Production in the International System
- Helen Jennings, In the Absence of a Tribunal, Can UN Investigative Mechanisms Ensure Justice for Victims of Rape as a Weapon of War?
- Anna Ventouratou, Litigating Economic Sanctions
- Craig Gaver, Recourse to International Courts and Tribunals in the 2017–2021 Gulf Dispute
The Centre for International Law and Governance of the University of Copenhagen Faculty of Law has issued a call for papers for a conference on "Human Rights and Investment Law for Climate Change: Trends and Prospects," to take place March 20-21, 2023, in Copenhagen. The call is here.
On December 1-2, 2022, the project "The Rules of Interpretation of Customary International Law" (TRICI-Law) and the Department of Transboundary Legal Studies of the University of Groningen will host a conference on "The Practice of Interpretation in International Law: Unity, Diversity, and Evolution" in The Hague. Program and registration are here.
Korean Journal of International and Comparative Law (Vol. 10, no. 2, 2022) is out. Contents include:
- Angela Semee Kim & Seryon Lee, Retracing the Works of KJICL: A Decade’s Journey
- Jinyul Ju, A Positive International Law Approach to the South Korea–Japan Conflicts: Breaking the Vicious Circle
- Philomène A. Verlaan, The Interface of Science and Law: Protecting, Preserving and Conserving Biodiversity with the Law of the Sea Convention
- Buhm-Suk Baek & Hosung Ahn, Korean Judicial Decisions: Major Decisions from the Second Half of 2021 to the First Half of 2022
African Journal of International and Comparative Law (Vol. 30, no. 4, November 2022) is out. Contents include:
- Dennis Ndonga & Emmanuel Laryea, Designing Preferential Rules of Origin for the AfCFTA: Addressing Pre-Existing Challenges at the Regional Level
- Davinia Gómez-Sánchez, Deconstructing the Dominant Human Rights Grammar: An Alter-Native Narrative based on Indigenous Peoples’ World-Views
- Newman U. Richards, Administration of Value Added Tax (Goods and Services Tax) and Fiscal Federalism in Nigeria: Lessons from Australia, Canada, the USA, India and Ethiopia
- P. J. Badenhorst, The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two: Pragmatic Distinction between Real Rights and Personal Rights
- Hafsat Iyabo Sa’Adu & Ahmed Olatunji Isau, Prevention of Income and Profit-Shifting to Tax Haven Countries in Nigeria
- Victor Oluwasina Ayeni, Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt
- Wiseman Ubochioma, A Commentary on Shareholder Derivative Litigation under the Companies and Allied Matters Act of Nigeria 2020
- Tamfuh Y. N. Wilson, The United Nations Declaration of Human Rights 1948: Successes and Challenges
Archiv des Völkerrechts (Vol. 60, no. 3, 2022) is out. Contents include:
- Jerzy Kranz, Russian aggression in Ukraine: Demons in the War for “Peace” or Crime without Punishment?
- Peter Hilpold, Das Neutralitätsrecht Österreichs und der Schweiz im „weiten Feld“ des internationalen Rechts. Aktuelle Entwicklungen im Vergleich
- Ferdinand Weber & Christian Richter, Das Vorhaben eines allgemeinen Gesellschaftsjahres vor dem Verfassungs-, Völker- und Europarecht
- Beiträge und Berichte
- Linus Mührel, Ökozid als fünftes Kernverbrechen im Rom-Statut – Meilenstein oder Gefahr für das Völkerstrafrecht?
- Stefan Onur Seddig, Neue Technologien gegen den Klimawandel? Aktuelle Fragen der Völkerrechtsmäßigkeit des solaren Geoengineerings
Tuesday, November 22, 2022
The latest issue of the International Organizations Law Review (Vol. 19, no. 2, 2022) is out. Contents include:
- Niamh Kinchin, ‘With Great Power Comes Great Responsibility’: Implied Obligations and the Responsibility to Protect
- Lukasz Gruszczynski & Margherita Melillo, The Uneasy Coexistence of Expertise and Politics in the World Health Organization: Learning from the Experience of the Early Response to the COVID-19 Pandemic
- Helmut Philipp Aust & Prisca Feihle, The WHO Foundation and the Law of International Organizations: Towards Better Funding for Global Health?
- Gail C. Lythgoe, Distinct Persons; Distinct Territories: Rethinking the Spaces of International Organizations
- Baine P. Kerr, Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea
- Nicola Bonucci, Gabrielle Marceau, André-Philippe Ouellet, & Rebecca Walker, IGOs’ Initiatives as a Response to Crises and Unforeseen Needs
Monday, November 21, 2022
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2022 (Junior Scholars)
As in 2020 and 2021, I am issuing a call for submissions directed to junior scholars only (advanced PhD students and junior academics/practitioners) asking for their views on the most "interesting, important, or influential" article or book published in 2022. I will post on this blog a selection from the submissions received. The deadline is Friday, December 9. Thanks in advance to all who participate. Some rules:
- One submission per person
- The submission may recommend both an article and a book, but not more than one article and not more than one book
- The article/book must pertain to international law, though it need not have been written by a lawyer
- The article/book must have been published in the year 2022
- Include the article/book title and an internet link to the publication
- The article/book may be in any language, but the submission recommending the article/book must be in English
- Include an explanation for your choice, but not more than two paragraphs per article/book
- Self-nominations will not be accepted
- Deadline: December 9, 2022, 5:00pm Eastern Time
- Not all submissions will be posted on the ILR blog
- By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
- Successful submissions will be posted the week of December 12, 2022
- Include your name, current position, and current affiliation with your submission
- Submissions should be emailed to email@example.com with the subject line: "ILR 2022 Interesting Article/Book Submission"
Mikkel Jarle Christensen (Univ. of Copenhagen - Law) has posted Justice Sites and the Fight against Atrocity Crimes (Law & Social Inquiry, forthcoming). Here's the abstract:
This article develops a new conceptual framework designed to critically study how locality and transversal power relations structure activity and developments in the global field of international criminal justice. The framework is built around the concept of “justice sites,” defined as localities in which organized and social labor—in this case, working with international criminal justice—takes place. The potential effects of social labor performed in specific sites of justice are structured partly by their locality and the resources to which it gives access and partly by their structural position in wider transversal chains of cooperation and competition that cut across different globalized and national fields. In addition to structuring the connections between justice sites, transversal power relations link sites of justice to “practice sites” embedded in other fields in which localized, social labor is not routinely engaged with international criminal justice. Such linkages demonstrate how the framework, developed to study how locality and transversal relations shape the fight against atrocity crimes, can also be used to investigate sites engaged in and across other globalized and national fields of justice, law, governance, and security.