Tuesday, September 29, 2020

McMillan: Imagining the International: Crime, Justice, and the Promise of Community

Nesam McMillan (Univ. of Melbourne - School of Social and Political Sciences) has published Imagining the International: Crime, Justice, and the Promise of Community (Stanford Univ. Press 2020). Here's the abstract:
International crime and justice are powerful ideas, associated with a vivid imagery of heinous atrocities, injured humanity, and an international community seized by the need to act. Through an analysis of archival and contemporary data, Imagining the International provides a detailed picture of how ideas of international crime (crimes against all of humanity) and global justice are given content, foregrounding their ethical limits and potentials. Nesam McMillan argues that dominant approaches to these ideas problematically disconnect them from the lived and the specific and foster distance between those who have experienced international crime and those who have not. McMillan draws on interdisciplinary work spanning law, criminology, humanitarianism, socio-legal studies, cultural studies, and human geography to show how understandings of international crime and justice hierarchize, spectacularize, and appropriate the suffering of others and promote an ideal of justice fundamentally disconnected from life as it is lived. McMillan critiques the mode of global interconnection they offer, one which bears resemblance to past colonial global approaches and which seeks to foster community through the image of crime and the practice of punitive justice. This book powerfully underscores the importance of the ideas of international crime and justice and their significant limits, cautioning against their continued valorization.

New Issue: Jus Gentium: Journal of International Legal History

The latest issue of Jus Gentium: Journal of International Legal History (Vol. 5, no. 2, 2020) is out. Contents include:
  • Articles
    • J. D. Gordan, III, When Law Failed: The Admiralty Sessions at The Old Bailey, 7-8 June 1792
    • O. V. Kresin, Ukrainian Statehood in the Mid-Seventeenth to Early Eighteenth Centuries in Treaties with Foreign States: Principal Legal Models (Part Two)
    • N. Fujinami, Arbitrating Capitulations: Small versus Barbarous in the 1901 Greco-Ottoman Consular Convention
  • Symposium: Archives of International Law: Histories of International Lawyers Between Trajectories, Practices, and Discourses
    • D. Kévonian & P. Rygiel, Archives of International Lawyers: Towards a Social History of International Legal Practice
    • G. Mouralis, Very Discreet Experts: The “International Association of Penal Law” and the Nuremberg Moment
    • A. Eyffinger, Private Files and Personal Contacts: Tobias Asser: Just Another Case Study
    • P. G. Bernaldo de Quirós, Estanislao Zeballos and the Argentine Doctrine of Human Private Law: A Micro-Social Approach to the History of Private International Law
    • D. Kévonian & P. Rygiel, Cross-Referencing Written Archives and Oral Sources: Transcript of a Filmed Interview with Jean Salmon
  • Notes and Comments
    • V. S. Ivanenko, Boris Nolde: International Lawyer of Imperial Russia and the Russia Abroad & Alexander Williams, Chains of Law: Postwar Justice in the Andaman Islands, Singapore, and Tokyo, 1945-1948
  • Documents and Other Evidence of State Practice
    • Mohsen Nikbin, The First Published Treaty Collection in Persia: An Introduction
    • O. V. Tarasov, Fragments from the 1844 Stepanov Manuscript on the “Law of Nations and Diplomacy”: From the Legacy of the Kharkiv School of International Law
    • T. F. Stepanov, Manuscript of T. F. Stepanov “Law of Nations and Diplomacy” (Summary)
    • P. Macalister-Smith & J. Schwietzke, A Brief Calendar of State Practice for Shandong: 1897–1924: Part Two (1905–1909): Ports and Railways

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 59, no. 5, October 2020) is out. Contents include:
  • Nevsun Resources Ltd. v. Araya et al. (S.C.C.), with introductory note by Russell Hopkins
  • The State of the Netherlands v. Urgenda (Neth. Sup. Ct.), with introductory note by André Nollkaemper & Laura Burgers
  • Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania (East Afr. Ct. J.), with introductory note by Ndanga Kamau
  • Monasky v. Taglieri (U.S. Sup. Ct.), with introductory note by Linda Silberman

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 24, no. 8, 2020) is out. Contents include:
  • Pratik Dixit, Navtej Singh Johar v Union of India: decriminalising India’s sodomy law
  • Camila Teixeira, Priority, agency and cooperation: how international human rights law helps fulfil the economic and social rights of the most vulnerable
  • Hoko Horii, A blind spot in international human rights framework: a space between tradition and modernity within the child marriage discourse
  • Nomisha Kurian, Rights-protectors or rights-violators? Deconstructing teacher discrimination against LGBT students in England and the UN Convention on the Rights of the Child as an advocacy tool
  • Başak Çalı & Alexandre Skander Galand, Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their ‘Booming’ years
  • Hasan Aydin & Koksal Avincan, Intellectual crimes and serious violation of human rights in Turkey: a narrative inquiry
  • Tara Smith, Understanding the nature and scope of the right to science through the Travaux Préparatoires of the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights
  • Mikaela Heikkilä , Hisayo Katsui & Maija Mustaniemi-Laakso, Disability and vulnerability: a human rights reading of the responsive state
  • Magdalena Kmak, The right to have rights of undocumented migrants: inadequacy and rigidity of legal categories of migrants and minorities in international law of human rights
  • Giovanna Gilleri, ‘How are you actually doing, ladies?’ Indicators of gender equality through the lens of the UN Committee on the Elimination of Discrimination against Women

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 26, Supplement, September 2020) is out. Contents include:
  • Special Issue: Interdisciplinarity and the IR Innovation Horizon
    • Ursula Daxecker, Annette Freyberg-Inan, Marlies Glasius, Geoffrey Underhill, & Darshan Vigneswaran, Introduction: Interdisciplinarity and the International Relations event horizon
    • Chengxin Pan, Enfolding wholes in parts: quantum holography and International Relations
    • Kerem Nisancioglu, Racial sovereignty
    • Selim Can Sazak, Bad influence: social networks, elite brokerage, and the construction of alliances
    • Heloise Weber & Martin Weber, Colonialism, genocide and International Relations: the Namibian–German case and struggles for restorative relations
    • Lucas Van Milders & Harmonie Toros, Violent International Relations
    • Catriona Standfield, Gendering the practice turn in diplomacy
    • Ross James Gildea, Psychology and aggregation in International Relations
    • Filiz Kahraman, Nikhil Kalyanpur, & Abraham L. Newman, Domestic courts, transnational law, and international order
    • William Kindred Winecoff, “The persistent myth of lost hegemony,” revisited: structural power as a complex network phenomenon

Monday, September 28, 2020

New Issue: Revue trimestrielle des droits de l'homme

The latest issue of the Revue trimestrielle des droits de l'homme (No. 124, 2020) is out. Contents include:
  • J-P. Costa, In memorian Luzius Wildhaber
  • P. Lemmens, L'indépendance du juge national vue depuis Strasbourg
  • L-A. Sicilianos, La Convention européenne des droits de l'homme a 70 ans: dynamique d'un instrument international unique
  • T. Besse, La répression pénale des appels au boycott de produits israéliens en droit européen des droits de l'homme
  • G-F. Ntwari, Chronique de jurisprudence de la Cour africaine des droits de l’homme et des peuples (2019)
  • G. Willems, Le genre non binaire et fluide consacré par la Cour constitutionnelle : faut-il flexibiliser ou abolir l’enregistrement civil du sexe ?
  • C. Pettiti, Les vidéosurveillances dans les entreprises et la protection de la vie privée des salariés
  • M. Courtoy, Le Comité des droits de l’homme des Nations Unies face à l’homme qui voulait être le premier réfugié climatique : une avancée mesurée mais bienvenue
  • N. Cariat & T. Martin, Le droit à un recours effectif des sociétés en liquidation et le droit de l’Union européenne
  • P. Frumer, Carton rouge pour l’arbitrage de la Fédération turque de football
  • M. Larché, Épilogue de l’affaire N.D. et N.T. : ni démission, ni tolérance
  • M. Nihoul, S. Wattier, & F. Xavier, L’art de la juste mesure dans la lutte contre le coronavirus face à la dimension collective de la liberté de culte

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 15, no. 4, October 2020) is out. Contents include:
  • Lauren L. Ferry, Emilie M. Hafner-Burton, & Christina J. Schneider, Catch me if you care: International development organizations and national corruption
  • Ida Bastiaens & Evgeny Postnikov, Social standards in trade agreements and free trade preferences: An empirical investigation
  • William Seitz & Alberto Zazzaro, Sanctions and public opinion: The case of the Russia-Ukraine gas disputes
  • Sebastian Garmann, Voter turnout and public sector employment policy
  • Nathan M. Jensen, Noel P. Johnston, Chia-yi Lee & Hadi Sahin, Crisis and contract breach: The domestic and international determinants of expropriation
  • Fangjin Ye, The impact of bilateral investment treaties (BITs) on collective labor rights in developing countries
  • Leslie Johns, Calvin Thrall, & Rachel L. Wellhausen, Judicial economy and moving bars in international investment arbitration
  • Ryan C. Briggs, Results from single-donor analyses of project aid success seem to generalize pretty well across donors

Madsen: Two Level Politics and the Backlash against International Courts: Evidence from the Politicisation of the European Court of Human Rights

Mikael Madsen (Univ. of Copenhagen - Law) has posted Two Level Politics and the Backlash against International Courts: Evidence from the Politicisation of the European Court of Human Rights. Here's the abstract:
Are international institutions more prone to face backlash politics than domestic ones? Are international institutions easy targets for satisfying domestic political interests? Using the case of the recent criticism of the European Court of Human Rights (ECtHR), the article explores whether international institutions are more susceptible to face backlash politics than domestic ones due to the dual nature of international politics. The empirical study, focusing on the reform of the ECtHR through the 2018 Copenhagen Declaration, suggests that pre-existing commitments to international institutions might be given up rapidly when significant domestic interests collide with international institutions and their practices. The analysis, however, also shows that backlash politics against international institutions is transformed when seeking institutional reform. Entering a collective bargaining process, backlash objectives are changed by the logic of diplomatic negotiation, academic scrutiny and the interests of the other member states and civil society. This suggests that the two-level logic of ordinary international politics has a mediating effect on domestically fuelled backlash campaigns.

Call for Submissions: Asia-Pacific Journal of International Humanitarian Law

The Asia-Pacific Journal of International Humanitarian Law has issued a call for submissions for its 2021 volume. The call is here. The deadeline is November 20, 2020.

Liber amicorum en l'honneur de la professeure Haritini Dipla

The volume Enjeux et perspectives : Droit international, droit de la mer, droits de l'homme - Liber amicorum en l'honneur de la professeure Haritini Dipla (Pedone 2020) has been published. The table of contents is here.

Global Law at Reading 2020/21 Ghandhi Research Seminar Series

Global Law at Reading has announced the program for its 2020/21 Ghandhi Research Seminar Series. All seminars for the 2020/21 series will be delivered online and anyone is welcome to attend. For the invitation, please contact m.r.windsor@reading.ac.uk.

Lustgarten: Law and the Arms Trade: Weapons, Blood and Rules

Laurence Lustgarten has published Law and the Arms Trade: Weapons, Blood and Rules (Hart Publishing 2020). Here's the abstract:

This ground-breaking book offers an extensive legal analysis-grounded in public, EU, and international law-of arms trade regulation, integrated with insights drawn from international relations.

The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited.

This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations - USA, Russia, the UK, France, Germany, Sweden, China, and India - with chapters contributed by leading experts in the field of law and international relations.

Krisch: Jurisdiction Unbound: Global Governance through Extraterritorial Business Regulation

Nico Krisch (Graduate Institute of International and Development Studies) has posted Jurisdiction Unbound: Global Governance through Extraterritorial Business Regulation. Here's the abstract:
The international law of jurisdiction is faced with far-reaching changes in the context of a globalizing world, but its general orientation, centred on territoriality as the guiding principle, has remained stable for a long time. This paper traces how, in contrast to the prevailing rhetoric of continuity, core categories of jurisdiction have been transformed in recent decades in such a way as to generate an ‘unbound’ jurisdiction, especially when it comes to the regulation of global business activities. The result is a jurisdictional assemblage – an assemblage in which a multiplicity of states have valid jurisdictional claims without clear principles governing the relationship between them, creating a situation in which, in practice, a few powerful countries wield the capacity to set and implement the rules. Jurisdiction is thus misunderstood if framed as an issue of horizontal relations among sovereign equals but should rather be regarded as a structure of global governance through which (some) states govern transboundary markets. Using a governance prism, this paper argues, can help us to gain a clearer view of the normative challenges raised by the exercise of unbound jurisdiction, and it shifts the focus to the accountability mechanisms required to protect not only the rights of targeted companies but also, and especially, the self-government of weaker countries.

Van Schaack: Imagining Justice for Syria

Beth Van Schaack (Stanford Univ. - Law) has published Imagining Justice for Syria (Oxford Univ. Press 2020). Here's the abstract:

This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity affecting Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. Given this tragic state of affairs, the book tracks a number of accountability solutions being explored within multilateral initiatives and by civil society actors, including innovations of institutional design; the renewed utility of a range of domestic jurisdictional principles (including the revival of universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction.

Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture results of the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geopolitical blockages within the U.N. Security Council. In so doing, it presents the range of juridical measures-both criminal and civil - that would be available to the international community to respond to the crisis, if only the political will existed.

Sunday, September 27, 2020

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 18, no. 3, July 2020) is out. Contents include:
  • Articles
    • Aldo Zammit Borda, History in International Criminal Trials: The ‘Crime-driven Lens’ and Its Blind Spots
    • Hannes Jöbstl, Bridging the Accountability Gap: Armed Non-state Actors and the Investigation and Prosecution of War Crimes
  • Symposium: The Extraordinary Chambers in Cambodia: Revisiting the Experiment
    • Paolo Lobba & Niccolò Pons, Rethinking the Legacy of the ECCC: Selectivity, Accountability, Ownership
    • Diane Orentlicher, ‘Worth the Effort’? Assessing the Khmer Rouge Tribunal
    • Göran Sluiter & Marc Tiernan, The Right to an Effective Defence During ECCC Investigations
    • Natasha Naidu & Sarah Williams, The Function and Dysfunction of the Pre-Trial Chamber at the Extraordinary Chambers in the Courts of Cambodia
    • Kai Ambos, The ECCC’s Contribution to Substantive ICL: The Notion of ‘Civilian Population’ in the Context of Crimes Against Humanity
    • Elinor Fry & Elies van Sliedregt, Targeted Groups, Rape and Dolus Eventualis: Assessing the ECCC’s Contributions to Substantive International Criminal Law
    • Sergey Vasiliev, ECCC Appeals: Appraising the Supreme Court Chamber’s Interventions
    • Yvonne McDermott, The ECCC’s Approach to Evidence and Proof
  • Cases Before International Courts and Tribunals
    • Daley J Birkett, Managing Frozen Assets at the International Criminal Court: The Fallout of the Bemba Acquittal

New Issue: International Studies Review

The latest issue of International Studies Review (Vol. 22, no. 3, September 2020) is out. Contents include:
  • Swati Srivastava, Varieties of Social Construction
  • Ingvild Bode, Women or Leaders? Practices of Narrating the United Nations as a Gendered Institution
  • Alexander Anievas & Richard Saull, Reassessing the Cold War and the Far-Right: Fascist Legacies and the Making of the Liberal International Order after 1945
  • Thorsten Wojczewski, Populism, Hindu Nationalism, and Foreign Policy in India: The Politics of Representing “the People”
  • Yuichi Kubota, The Rebel Economy in Civil War: Informality, Civil Networks, and Regulation Strategies
  • Ricardo Villanueva, How Norman Angell Reveals the Significance of Marxism and Socialism in Early IR and a Debate before the “First Great Debate”
  • Rodger A Payne, Grappling with Dr. Strangelove’s “Wargasm” Fantasy
  • Daniel Lambach, The Territorialization of Cyberspace
  • Linus Hagström & Astrid H M Nordin, China's “Politics of Harmony” and the Quest for Soft Power in International Politics
  • Benjamin M Jensen, Christopher Whyte, & Scott Cuomo, Algorithms at War: The Promise, Peril, and Limits of Artificial Intelligence
  • Jörn Ege, Michael W Bauer, & Nora Wagner, Improving Generalizability in Transnational Bureaucratic Influence Research: A (Modest) Proposal
  • Ingo Henneberg & Friedrich Plank, Overlapping Regionalism and Security Cooperation: Power-Based Explanations of Nigeria's Forum-Shopping in the Fight against Boko Haram
  • Daniel Hywel Nicholls, All Hegemons Are Not the Same: The Role(s) of Relational Structures and Modes of Control
  • Radoslav S Dimitrov, Empty Institutions in Global Environmental Politics
  • Esra Cuhadar & Thania Paffenholz, Transfer 2.0: Applying the Concept of Transfer from Track-Two Workshops to Inclusive Peace Negotiations
  • Shamel Azmeh, Christopher Foster, & Jaime Echavarri, The International Trade Regime and the Quest for Free Digital Trade
  • Michelle Jurkovich, What Isn't a Norm? Redefining the Conceptual Boundaries of “Norms” in the Human Rights Literature

Bottini: Admissibility of Shareholder Claims under Investment Treaties

Gabriel Bottini (Uría Menéndez) has published Admissibility of Shareholder Claims under Investment Treaties (Cambridge Univ. Press 2020). Here's the abstract:
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.

New Issue: International Studies Quarterly

The latest issue of the International Studies Quarterly (Vol. 64, no. 3, September 2020) is out. Contents include:
  • Christopher Linebarger & Alex Braithwaite, Do Walls Work? The Effectiveness of Border Barriers in Containing the Cross-Border Spread of Violent Militancy
  • Anna A Meier, The Idea of Terror: Institutional Reproduction in Government Responses to Political Violence
  • Robert Schub, When Prospective Leader Turnover Promotes Peace
  • William Spaniel, Peter Bils, & Gleason Judd, Stall Wars: When Do States Fight to Hold onto the Status Quo?
  • Tim Wegenast, Arpita Asha Khanna, & Gerald Schneider, The Micro-Foundations of the Resource Curse: Mineral Ownership and Local Economic Well-Being in Sub-Saharan Africa
  • Inwook Kim, Swinging Shale: Shale Oil, the Global Oil Market, and the Geopolitics of Oil
  • Jonathan N Markowitz, Suzie Mulesky, Benjamin A T Graham, & Christopher J Fariss, Productive Pacifists: The Rise of Production-Oriented States and Decline of Profit-Motivated Conquest
  • Deepak Nair, Emotional Labor and the Power of International Bureaucrats
  • Stéphanie Martel, The Polysemy of Security Community-Building: Toward a “People-Centered” Association of Southeast Asian Nations (ASEAN)?
  • Rebecca L Perlman, The Domestic Impact of International Standards
  • Kelebogile Zvobgo, Demanding Truth: The Global Transitional Justice Network and the Creation of Truth Commissions
  • Jonas Tallberg, Magnus Lundgren, Thomas Sommerer, & Theresa Squatrito, Why International Organizations Commit to Liberal Norms
  • Martin Weber, The Normative Grammar of Relational Analysis: Recognition Theory's Contribution to Understanding Short-Comings in IR's Relational Turn
  • Helen M Kinsella & Giovanni Mantilla, Contestation before Compliance: History, Politics, and Power in International Humanitarian Law
  • Sasikumar S Sundaram, The Practices of Evaluating Entitlements: Rethinking “Reputation” in International Politics
  • Matt Buehler, Kristin E Fabbe, & Kyung Joon Han, Community-Level Postmaterialism and Anti-Migrant Attitudes: An Original Survey on Opposition to Sub-Saharan African Migrants in the Middle East
  • Michael Intal Magcamit, Imagined Insecurities in Imagined Communities: Manufacturing the Ethnoreligious Others as Security Threats
  • Shengkuo Hu & Courtenay R Conrad, Monitoring via the Courts: Judicial Oversight and Police Violence in India
  • Kaitlyn Webster, Priscilla Torres, Chong Chen, & Kyle Beardsley, Ethnic and Gender Hierarchies in the Crucible of War
  • Christine Hackenesch & Julia Bader, The Struggle for Minds and Influence: The Chinese Communist Party's Global Outreach
  • Adam Scharpf, Why Governments Have Their Troops Trained Abroad: Evidence from Latin America
  • Ala’ Alrababa’h, Rachel Myrick, & Isaac Webb, Do Donor Motives Matter? Investigating Perceptions of Foreign Aid in the Conflict in Donbas

New Issue: Review of International Political Economy

The latest issue of the Review of International Political Economy (Vol. 27, no. 5, 2020) is out. Contents include:
  • Special Issue: Manufacturing development: how transnational market integration shapes opportunities and capacities for development in Europe’s three peripheries
    • László Bruszt & Julia Langbein, Manufacturing development: how transnational market integration shapes opportunities and capacities for development in Europe’s three peripheries: Introduction to the special issue
    • László Bruszt & David Karas, Diverging developmental strategies beyond “lead sectors” in the EU’s periphery: the politics of developmental alliances in the Hungarian and Polish dairy sectors
    • Visnja Vukov, European integration and weak states: Romania’s road to exclusionary development
    • Gergő Medve-Bálint & Vera Šćepanović, EU funds, state capacity and the development of transnational industrial policies in Europe’s Eastern periphery
    • Vera Šćepanović, Transnational integration in Europe and the reinvention of industrial policy in Spain
    • Julia Langbein & Olga Markiewicz, Changing modes of market integration, domestic developmental capacities and state-business alliances: insights from Turkey’s automotive industry
    • Julia Langbein, Shallow market integration and weak developmental capacities: Ukraine’s pathway from periphery to periphery
    • Olga Markiewicz, Stuck in second gear? EU integration and the evolution of Poland’s automotive industry
    • Laszlo Bruszt, Ludvig Lundstedt & Zsuzsa Munkacsi, Collateral benefit: the developmental effects of EU-induced state building in Central and Eastern Europe

Conference: International Law Weekend 2020

The American Branch of the International Law Association and the International Law Students Association will hold International Law Weekend 2020 on October 22-24, virtually. The theme is "International Law in Challenging Times." The program is here.

Saturday, September 26, 2020

Call for Papers: Celebrating the 'Historical Turn': International Law in Global Histories

A call for papers has been issued for the 29th Annual SLS/BIICL Workshop on Theory in International Law, to be held virtually on November 25, 2020. The theme is: "Celebrating the 'Historical Turn': International Law in Global Histories." The deadline is October 12, 2020. The call is here.

Cornu, Vaivade, Martinet, & Hance: Intangible Cultural Heritage Under National and International Law: Going Beyond the 2003 UNESCO Convention

Marie Cornu (Centre national de la recherche scientifique), Anita Vaivade (Latvian Academy of Culture), Lily Martinet (Max Planck Institute Luxembourg for Procedural Law), & Clea Hance (University Paris-Saclay; Fondation des Sciences du Patrimoine) have published Intangible Cultural Heritage Under National and International Law: Going Beyond the 2003 UNESCO Convention (Edward Elgar Publishing 2020). The table of contents is here. Here's the abstract:

This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage.

Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage, and highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law.

New Issue: Netherlands International Law Review

The latest issue of the Netherlands International Law Review (Vol. 67, no. 2, September 2020) is out. Contents include:
  • Natalie L. Dobson, Competing Climate Change Responses: Reflections on EU Unilateral Regulation of International Transport Emissions in Light of Multilateral Developments
  • Ruth A. van der Pol, Article 75 of the Rome Statute: Reparations and Their Implementation in the Dutch Legal System
  • Yulia Levashova, Fair and Equitable Treatment and Investor’s Due Diligence Under International Investment Law
  • Evelien Campfens, Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims
  • Remy Jorritsma, The Nomination of International Judges by ‘the Enlightened Few’: A Comment on the Royal Decree of 23 January 2020 Concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration
  • Jaap Spier, ‘The “Strongest” Climate Ruling Yet’: The Dutch Supreme Court’s Urgenda Judgment

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 11, no. 3, September 2020) is out. Contents include:
  • Articles
    • Prabhakar Singh, Indian Princely States and the 19th-century Transformation of the Law of Nations
    • Ka Lok Yip, The Missing Elephant in the Room—the Jurisdiction of International Human Rights Tribunals over International Humanitarian Law
    • Clemens Treichl, The Singapore Convention: Towards a Universal Standard for the Recognition and Enforcement of International Settlement Agreements?
    • Massimiliano Sassoli de Bianchi, The Missing Reading of the Parable: Comment on ‘The Twelfth Camel, or the Economics of Justice’, by F Ost [(2011) 2(2) J Int Disp Settlement 333–51]
  • Current Developments
    • Sandrine De Herdt, Judges ad hoc and the International Tribunal for the Law of the Sea: An Overview of its Practice
    • Gracious Timothy Dunna, Keeping with the Times, Revisiting the UNCITRAL Model Law on International Commercial Arbitration
    • Jason Rudall, The Tribunal with a Toolbox: On Perenco v Ecuador, Black Gold and Shades of Green

Friday, September 25, 2020

d'Aspremont: A Worldly Law in a Legal World

Jean d'Aspremont (Sciences Po - Law; Univ. of Manchester - Law) has posted A Worldly Law in a Legal World (in International Law’s Invisible Frames, Andrea Bianchi & Moshe Hirsch eds., forthcoming). Here's the abstract:

Most of international legal thought and practice rests on a distinction between international law and the world to which international law applies. One commonly distinguishes between international law and the world to which international law applies when, for example, seeking to ground international law in practice, explicating the origin of international law, appreciating the impact of international law on global actors, elucidating the actual formation and functioning of international law, historicizing international legal discourses and international legal institutions, and even when shedding light on the world-making role of international law. Most international legal thought and practice is informed, in this sense, by what is called here a form of ontological dualism whereby the actuality, historicity, and materiality of international law is distinct from the actuality, historicity, and materiality of the world to which international law applies.

This chapter questions the ontological dualism that dominates international law and shows that, notwithstanding this common ontological dualism, international law and the world to which it applies are better construed as having no distinct actuality, historicity, and materiality, because international law exists nowhere else than in the world to which it applies and the world to which international law applies exists nowhere else than in international law. This chapter argues accordingly that the relationship between international law and the world to which it applies should be understood in totalizing rather than dualistic terms.