Monday, April 12, 2021

Akinkugbe: Reflections on the Value of Socio-Legal Approaches to International Economic Law in Africa

Olabisi D. Akinkugbe (Dalhousie Univ. - Law) has posted Reflections on the Value of Socio-Legal Approaches to International Economic Law in Africa (Chicago Journal of International Law, forthcoming). Here's the abstract:

In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”

This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of informal cross-border trade phenomenon. It argues that, by conceptualizing IEL in Africa as a social phenomenon, socio-legal approaches open IEL in Africa to the application of other social science methods, which enable us to understand the context in which African regional trade agreements are implemented and their contribution to the scholarly field of IEL.

Sunday, April 11, 2021

Conference: ILA British Branch Spring Conference 2021 (Reminder)

The International Law Association British Branch's 2021 Spring Conference will take place online on April 23, 2021, hosted by Queen Mary, University of London. The theme is: "Synergy between the Law of Treaties and the Law of International Responsibility: So Far Apart but Still So Close." The program is here. Registration is here.

Lixinski: Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice

Lucas Lixinski
(Univ. of New South Wales - Law) has published Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge Univ. Press 2021). Here's the abstract:
Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice: to pragmatically advance societies towards a future where atrocities will no longer happen. The promise in the UNESCO Constitution of lasting peace through cultural understanding is possible through focusing on the intersection of cultural heritage law and transitional justice, as Lixinski shows in this ground-breaking book.

Gasbarri: The Concept of an International Organization in International Law

Lorenzo Gasbarri
(Bocconi Univ. - Law) has published The Concept of an International Organization in International Law (Oxford Univ. Press 2021). Here's the abstract:
Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.

Engle, Nesiah, & Otto: Feminist Approaches to International Law

Karen Engle (Univ. of Texas, Austin - Law), Vasuki Nesiah (New York Univ. - Gallatin School), & Dianne Otto (Univ. of Melbourne - Law) have posted Feminist Approaches to International Law. Here's the abstract:
This chapter offers accounts of three feminist “success stories,” each of which has invoked a sense of crisis to call for carceral and militarized international legal responses. We argue that these projects have reinforced many dangerous aspects of both feminism and international law, as they have used a focus on harm to women – particularly sexual harm – to aid in the legitimization and extension of legal, military and economic institutional arrangements that exacerbate the precarity of marginalized individuals, communities, and states. Their use of crisis has participated in the crowding out of a variety of alternative feminist (and other) perspectives, particularly those that take aim at the often quotidian forms of violence based in the overlapping structures of colonialism, racism, gender normativity, and gross economic inequality. We contend that anti-imperial and sex-positive feminisms as well as queer theory offer important vehicles for challenging the dominant approaches. We gesture toward how they might even consider invoking crisis (such as the often everyday and unnoticeable crises of neocolonial, neoliberal, carceral, and militarized dimensions of global governance) to foster transformative feminist, queer, and redistributive ends.

Saturday, April 10, 2021

New Issue: Chinese Journal of International Politics

The latest issue of the Chinese Journal of International Politics (Vol. 14, no. 1, Spring 2021) is out. Contents include:
  • Michael Barnett, International Progress, International Order, and the Liberal International Order
  • Doug Stokes & Martin Williamson, The United States, China and the WTO after Coronavirus
  • Kristen Hopewell, Strategic Narratives in Global Trade Politics: American Hegemony, Free Trade, and the Hidden Hand of the State
  • Jarrett T Wilde & Yue Xing, Comprehensive Sovereign Agency? China’s Model of International Recognition
  • John Williams, English School—“Chinese IR” Engagements: Order, Harmony, and the Limits of Elitism in Global IR

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 8, no. 3, November 2020) is out. Contents include:
  • Articles
    • Kate Miles, Painting international law as universal: imperialism and the co-opting of image and art
    • Clair Quentin, Corporations, comity and the ‘revenue rule’: a jurisprudence of offshore
    • Margot E Salomon, The radical ideation of peasants, the ‘pseudo-radicalism’ of international human rights law, and the revolutionary lawyer
    • Daniel R Quiroga-Villamarín, Normalising global commerce: containerisation, materiality, and transnational regulation (1956–68)

Call for Panel Proposals: International Law Weekend 2021

The American Branch of the International Law Association has issued a call for panel proposals for International Law Weekend 2021, which will take place online on October 28-30. The theme is "Reinvesting in International Law." The call is here. The deadline is May 30, 2021.

Payk & Priemel: Crafting the International Order: Practitioners and Practices of International Law since c.1800

Marcus M. Payk
(Helmut-Schmidt-Universität - History) & Kim Christian Priemel (Univ. of Oslo - History) have published Crafting the International Order: Practitioners and Practices of International Law since c.1800 (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

This volume sheds light on how lawyers have made sense of, engaged in, and shaped international politics over the past three hundred years. Chapters show how politicians and administrators, diplomats and military men, have considered their tasks in legal terms, and how the field of international relations has been filled with the distinctly legal vocabulary of laws, regulations, treaties, agreements, and conventions.

Leading experts in the field provide insights into what it means when concrete decisions are taken, negotiations led, or controversies articulated and resolved by legal professionals. They also inquire into how the often-criticised gaps between juristic standards and everyday realities can be explained by looking at the very medium of law. Rather than sorting people and problems into binary categories such as 'law' and 'politics' or 'theory' and 'practice', the case studies in this volume reflect on these dichotomies and dissolve them into the messy realities of conflicts and interactions which take place in historically contingent situations, and in which international lawyers assume varying personas.

Friday, April 9, 2021

New Issue: Moscow Journal of International Law

The latest issue of the Moscow Journal of International Law (2021, no. 1) is out. Contents include:
  • Ludmila P. Anufrieva, Principles in Modern International Law (Certain Issues of Concept, Nature, Genesis, Substance and Scope)
  • Yuri I. Skuratov, Eurasian Basis of the International Legal Policy of the Russian Federation
  • Aleksey Y. Novoseltsev & Konstantin V. Stepanyugin, Russia`s Participation in the European Convention for the Protection of Human Rights and Fundamental Freedoms
  • Alexander Orakhelashvili, Adjudicating Racial Discrimination Claims: Issues of Jurisdiction and Admissibility in Ukraine v. Russia
  • Sergei Yu. Garkusha-Bozhko, The Problem of Cyber Espionage in the International Humanitarian Law
  • Sergei A. Vasiliev, International Legal Measures to Ensure the Safety of Navigation
  • Petr S. Dolgoshein, Improving the Regulatory Framework for Countering Extremism in the European Union (Case Study of Finland)

Seminar: Community: culture, identities, and memories

On April 21, 2021, the Amsterdam Center for International Law at the University of Amsterdam and Melbourne Law School’s Institute for International Law and the Humanities will hold the second seminar of the Series "Unpacking Transitional Justice: International Law, Memory, and Power." The seminar will be held online and feature Lucas Lixinski (Univ. of New South Wales - Law) and Maria Elander (La Trobe Univ. - Law) on the topic "Community: culture, identities, and memories." Details and registration are here.

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 52, no. 1, 2021) is out. Contents include:
  • Jan Jakub Solski, The Genesis of Article 234 of the UNCLOS
  • Hao Shen, Developing China’s Legal Regime for International Deep Seabed Mining—The Present and Future
  • Jinyuan Su, The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim?
  • Alexander Lott, The Passage Regimes of the Kerch Strait—To Each Their Own?

New Issue: Journal of Human Rights and the Environment

The latest issue of the Journal of Human Rights and the Environment (Vol. 12, no. 1, March 2021) is out. Contents include:
  • Editorial
    • Anna Grear, Painful excavations: extractivism, dispossession, rights and resistance
  • Research Articles
    • Erin Fitz-Henry, Distribution without representation? Beyond the rights of nature in the southern Ecuadorian highlands
    • Maria Antonia Tigre & Natalia Urzola, The 2017 Inter-American Court's Advisory Opinion: changing the paradigm for international environmental law in the Anthropocene
    • Freya Mathews, Environmental struggles in Aboriginal homelands: Indigenizing conservation in Australia
    • Lee Harrop & Jana Norman, Still Lives: a beautiful science
    • Lee Harrop, Still Lives
    • Jana Norman, An engraved invitation to consider human–earth relations: thinking non-dualism through the mining-based art practice of Lee Harrop
    • Katerina Teaiwa, Artist statement
    • Mandy Treagus, Flight of the frigate bird: Ocean Island, phosphate mining and Project Banaba

Thursday, April 8, 2021

Call for Abstracts: 2021 ASIL Research Forum

The American Society of International Law has issued a call for abstracts for its 2021 Research Forum, a part of the Society's Midyear Meeting, which will be held November 11-13, at the University of Miami School of Law (if feasible). The deadline is May 24, 2021 at 5:00PM EDT. The call is here.

Shaffer: Governing the Interface of US-China Trade Relations

Gregory Shaffer (Univ. of California, Irvine - Law) has posted Governing the Interface of US-China Trade Relations (American Journal of International Law, forthcoming). Here's the abstract:
The U.S.-China relationship poses a frontal challenge to the multilateral trading system. This article addresses three dimensions for conceptualizing the interface between the U.S. and Chinese systems through trade law: (i) economic; (ii) geopolitical/security; and (iii) normative/social. By the economic interface, it refers to the U.S. critique of Chinese state capitalism, and in particular the use of state-owned enterprises and subsidies. By the geopolitical/security interface, it covers U.S. concerns over China as a rising technological power. By the normative/social policy interface, it references reactions to Chinese authoritarianism and human rights violations, which indirectly implicate U.S. workers and the U.S. social bargain through U.S. purchases of Chinese products. The article advances a middle ground between those working to reinforce the WTO system with new rules that limit the state’s role in the economy, and those who reject the WTO in favor of a power-based system to confront China. It proposes pragmatic reforms to govern the interface of their respective systems across the three dimensions in ways that would facilitate ongoing exchange while assuring latitude for each country to protect itself from the externalities of each other’s policies. The result would be greater room for bilateral and plurilateral bargaining, but it would be conducted within the umbrella of the multilateral system.

Call for Papers: International Law and Post-Pandemic Asia

A call for papers has been issued for the 2021 ILA-ASIL Asia-Pacific Research Forum, to be held (online) August 5-6, 2021. The theme is: "International Law and Post-Pandemic Asia: New Economic Challenges and Opportunities." The call is here.

Wednesday, April 7, 2021

Helmersen: The Application of Teachings by the International Court of Justice

Sondre Torp Helmersen
(UiT The Arctic University of Norway - Law) has published The Application of Teachings by the International Court of Justice (Cambridge Univ. Press 2021). Here's the abstract:
How do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.

Tuesday, April 6, 2021

Conference: Democracy and Governance in the Internet Era

On April 7, 2021, the American Branch of the International Law Association and the Dean Rusk International Law Center at the University of Georgia School of Law will host International Law Weekend - South. The topic is: "Democracy and Governance in the Internet Era." Program and registration are here.

Capdepón & Figari Layús: The Impact of Human Rights Prosecutions: Insights from European, Latin American, and African Post-Conflict Societies

Ulrike Capdepón
(Justus-Liebig-Universität Gießen) & Rosario Figari Layús (Universität Konstanz) have published The Impact of Human Rights Prosecutions: Insights from European, Latin American, and African Post-Conflict Societies (Leuven Univ. Press 2020). The table of contents is here. Here's the abstract:

Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court.

The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.

New Issue: Revue belge de droit international

The latest issue of the Revue belge de droit international (2020, no. 1) is out. Contents include:
  • Dossier Spécial : La paix par le droit 100 ans après le Traité de Versailles : quelles leçons et quel devenir pour la coopération internationale ?
    • L. Delabie & S. Cassella, Présentation
    • L. Delabie, Les États-Unis, la paix par le droit et la coopération multilatérale
    • C. Manigand, Que reste-t-il de la Fédération européenne de l’entre-deux-guerres ?
    • Y. Daudet, « La paix par le droit » et l’Académie de droit international de La Haye
    • M.-C. Runavot, La contribution de la période d’entre-deux-guerres au développement d’un modèle d’organisation internationale
    • S. Schirmann, La coopération économique et financière en Europe dans l’entre-deux guerres
    • G. Le Floch, Le rôle des juridictions internationales dans la préservation de la paix
    • J.-M. Thouvenin, La Cour permanente de Justice internationale : héritage et rupture dans le contentieux international
    • F. Mailhé, L’apport de la période d’entre-deux-guerres au développement de l’arbitrage international : une époque pour trois destins
    • S. Cassella, D’une excuse à une exception : la légitime défense depuis 1919
    • E. Wyler, La résurgence de la doctrine de la « guerre juste » dans le Pacte de la SDN sous le masque des guerres licites
    • G. Distefano, Les mandats de la SDN, une idée originale à la charnière entre le colonialisme déguisé et l’administration internationale
    • J.-B. Pierchon, Les leçons des mandats de la SdN : internationalisation du régime colonial et protection des minorités
    • S. Sur, Réflexions sur la paix par le droit
  • Études
    • J. Salmon, La reconnaissance par la Belgique du royaume d’Italie en novembre 1861 - Problèmes internationaux et internes
    • K. Nakajima, Faut-il établir l’existence d’un autre différend pour que des demandes reconventionnelles soient déclarées recevables ? Une étude complémentaire sur la notion de différend devant la Cour internationale de Justice
    • M. Franssen & X. Miny, « To be, and not to be ». La « reconnaissance juridictionnelle » de la Palestine dans le contentieux de l’apatridie en Belgique
    • L. Ferro, No Interference, No Problem: Voter Influence Operations and International Law

Monday, April 5, 2021

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 24, nos. 1-2, March 2021) is out. Contents include:
  • Anthony O'Dwyer, The Artists’ Resale Right Directive 2001/84/EC: A means of targeted intervention for visual artists
  • Vandana Mahalwar, Burgeoning right of publicity: An overview of the Indian experiences
  • Himanshu Arora, “Right to Repair” vis‐à‐vis Indian trade mark law: A comparative analysis
  • Alice Wickens, Design piracy in the United States: Time to fashion a remedy?
  • Morten Walløe Tvedt, A contract‐law analyses of the SMTA of the Plant Treaty: Can it work as a binding contract?
  • Prabhat K. Saha & Shivam Kaushik, How effective are India's model guidelines on implementation of IPR policy for academic institutions? Seeking the answer from the US and the UK experience
  • Tran Kien, Politics as a function of trademark: A new perspective from the historical development of trademark law in colonial and socialist Vietnam
  • Deepa Kharb, The legal conundrum over regulation of access and benefit sharing obligations in digital sequence information over genetic resources‐assessing indian position
  • Louise van Greunen & Iva Gobac, Building respect for intellectual property—The journey toward balanced intellectual property enforcement
  • Soumya P. Patra & Raju KD, Application of standard essential patents in automotive industry: An analytical perspective

Louis & Maertens: Why International Organizations Hate Politics: Depoliticizing the World

Marieke Louis
(Sciences Po Grenoble - Political Science) & Lucile Maertens (Univ. of Lausanne - Political Science) have published Why International Organizations Hate Politics: Depoliticizing the World (Routledge 2021). Here's the abstract:

Building on the concept of depoliticization, this book provides a first systematic analysis of International Organizations (IO) apolitical claims. It shows that depoliticization sustains IO everyday activities while allowing them to remain engaged in politics, even when they pretend not to.

Delving into the inner dynamics of global governance, this book develops an analytical framework on why IOs "hate" politics by bringing together practices and logics of depoliticization in a wide variety of historical, geographic and organizational contexts. With multiple case studies in the fields of labor rights and economic regulation, environmental protection, development and humanitarian aid, peacekeeping, among others this book shows that depoliticization is enacted in a series of overlapping, sometimes mundane, practices resulting from the complex interaction between professional habits, organizational cultures and individual tactics. By approaching the consequences of these practices in terms of logics, the book addresses the instrumental dimension of depoliticization without assuming that IO actors necessarily intend to depoliticize their action or global problems.

For IO scholars and students, this book sheds new light on IO politics by clarifying one often taken-for-granted dimension of their everyday activities, precisely that of depoliticization.

New Issue: Climate Law

The latest issue of Climate Law (Vol. 11, no. 1, 2021) is out. Contents include:
  • Kim Bouwer, Possibilities for Justice and Equity in Human Rights and Climate Law: Benefit-Sharing in Climate Finance
  • Emilie Yliheljo, The Variable Nature of Ownership of Emission Units in the Intersection of Climate Law, Property Law, and the Regulation of Financial Markets
  • Tomáš Bruner, Changing Climate, Unchanged Mandate: bric Countries in the UN Security Council

Sunday, April 4, 2021

Conference: 2021 ESIL Research Forum (Reminder)

The European Society of International Law's 2021 Research Forum will take place April 15-16, 2021, hosted by the University of Catania Law Department. The theme is: "Solidarity: the Quest for Founding Utopias of International Law." The program is here. Registration is open here. Many interest groups will be hosting pre-conference workshops. All participants attending the ESIL Research Forum and IG pre-conference workshops must register here before April 8, 2021.

Call for Submissions: Athena – Critical Inquiries in Law, Philosophy and Globalization

The journal Athena – Critical Inquiries in Law, Philosophy and Globalization has issued a call for submissions for its volume 2 on the topic "Global Justice: The Current Situation and the New Challenges." The call is here.