- Julia Dehm, Ben Golder, & Jessica Whyte, Introduction: ‘Redistributive Human Rights?’ symposium
- Roland Burke, The 1993 World Conference on Human Rights and the retreat of a redistributive rights vision
- Kári Hólmar Ragnarsson, Humanising not transformative? The UN Committee on Economic, Social and Cultural Rights and economic inequality in OECD countries 2008-19
- Zachary Manfredi, Against ‘ideological neutrality’: on the limits of liberal and neoliberal economic and social human rights
- Randi L Irwin, Contested language in the making and unmaking of Western Sahara’s extractive economy
- Books Etc.
- Mattia Pinto, Of sex and war: carceral feminism and its anti-carceral critique
Wednesday, January 27, 2021
- Special Comment
- Sienho Yee, In Celebration of the 75th Anniversary of the United Nations: A Proposal for the Formulation and Adoption of a “Declaration on the Principles of International Law concerning the Community of Shared Future for Mankind”
- Dire Tladi, Populism’s Attack on Multilateralism and International Law: Much Ado About Nothing
- Nina H B Jørgensen & Regina E Rauxloh, Profiting from Sexual Violence in Armed Conflict: A Case for the Resurrection of the Crime of Enforced Prostitution
- Jianjun Gao, The Exhaustion of Local Remedies Rule in the Settlement of Maritime Disputes: A Study of the Practice of the UNCLOS Tribunals
- Bjørn Kunoy, De Novo Delimitation Lines: A Constitutive Concept of Delimitation
- Jin Sun & Qiong Wu, The Hague Judgments Convention and How We Negotiated It
- Review Essay
- Sienho Yee, Knowledge and Strategy in International Litigation: A Review Essay on Hugh Thirlway’s The International Court of Justice, with Some Reference to Non-appearance
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of United States law and international law, respectively. It explores the related ways in which both CRT scholars and TWAIL scholars have: contested the legalization of white supremacy; marked and problematized the degree to which regimes of inclusion can operate as technologies of exclusion; staged important if non-identical critiques of colorblindness; engaged and repudiated neoliberal claims about racialized social responsibility and agency; confronted perceptions that both literatures exist outside the boundaries of the presumptively neutral scholarly conventions of constitutional law and international law, engendering either criticism or willful dis-attention or non-engagement by mainstream scholars; and remained invested in reconstruction and transformation of and within law, seeking to maximize its emancipatory potential for racial justice and equality even while remaining clear-eyed about the limits and costs of such engagement and the need to effectuate change in other arenas, such as social movements.
Tuesday, January 26, 2021
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
Women's International Thought: A New History is the first cross-disciplinary history of women's international thought. Bringing together some of the foremost historians and scholars of international relations working today, this book recovers and analyses the path-breaking work of eighteen leading thinkers of international politics from the early to mid-twentieth century. Recovering and analyzing this important work, the essays offer revisionist accounts of IR's intellectual and disciplinary history and expand the locations, genres, and practices of international thinking. Systematically structured, and focusing in particular on Black diasporic, Anglo-American, and European historical women, it does more than 'add women' to the existing intellectual and disciplinary histories from which they were erased. Instead, it raises fundamental questions about which kinds of subjects and what kind of thinking constitutes international thought, opening new vistas to scholars and students of international history and theory, intellectual history and women's and gender studies.
- Özgür H. Çɪnar, Conscientious objectors seeking asylum: a comparative perspective
- Ala Al-Mahaidi, Securing economic livelihoods for Syrian refugees: the case for a human rights-based approach to the Jordan Compact
- José L. Gurría Gascón, Nhora Magdalena Benítez Bastidas & Ana María Hernández Carretero, Otherness, oppression and empowerment of the indigenous towns in the inter-Andean alley (Ecuador)
- Carla Winston, Truth commissions as tactical concessions: the curious case of Idi Amin
- Frederick Cowell, Reservations to human rights treaties in recommendations from the universal periodic review: an emerging practice?
- Philipp Wesche, Business actors and land restitution in the Colombian transition from armed conflict
- Rachel Killean, From ecocide to eco-sensitivity: ‘greening’ reparations at the International Criminal Court
- Anna Lawson & Angharad E. Beckett, The social and human rights models of disability: towards a complementarity thesis
Over recent years, many have called the WHO responsible for a number of failures in global health governance, in particular those concerning late or insufficient response to the spread of infectious diseases such as swine flu, Ebola or Covid-19. The present contribution therefore examines some of the main features of the law governing the WHO, in order to establish the scope of the organisation’s powers to act and the legal regime applicable in case of its failure to act. The analysis aims to show that the law constituting and empowering the WHO has not been the primary cause for the organisation’s conservative stance towards a more proactive, normative, inclusive and inter-sectoral governance. Thereby, the analysis also challenges the common assumption in international institutional law that the law that constitutes an international organisation at the same time also constrains it, and identifies some legal gaps in the relevant legal field. In particular, it demonstrates that this common approach is insufficient for establishing the organisation’s legal responsibility in case of its failure to act and, more generally, for pushing the organisation and its leadership towards a more effective and accountable functioning.
Monday, January 25, 2021
- The Classics’ Corner
- Alejandro Rodríguez Carrión, International Law on the Threshold of the 21st Century
- Special contribution
- Antonio Remiro Brotóns, The Declaration of Principles turns fifty years: a rondó of sly power
- General Articles
- Marco Longobardo, «Super-Robust» Peacekeeping Mandates In Non-International Armed Conflicts Under International Law
- Miguel Checa Martínez, Brexit And Private International Law: Looking Forward From The UK But Actually Going Backward
- Alexis Berg-Rodríguez, Back On The Good Track: Historical Institutionalism And The New Political Model Between The Eu And Cuba
- Chema Suárez Serrano, From Bullets To Fake News: Disinformation As A Weapon Of Mass Distraction. What Solutions Does International Law Provide?
- Nerea Magallón Elósegui, Trade In Minerals And Human Rights: Towards Responsible Sourcing Of Minerals From Conflict Areas In Europe (Regulation (EU) 2017/821)
- Jerónimo Maillo, New Screening Of Foreign Direct Investments (FDI) In Europe: A First Step Towards A New Paradigm?
- Ignacio Forcada Barona, Brexit And European Citizenship: Welcome Back To International Law
- Libia Arenal, Economic Crimes Against Humanity: A Legal Challenge For The Positive Regulation Of Crimes Against Humanity In Article 7 Of The Rome Statute
Catalonia Secession before the Spanish Supreme Court/li>
- Araceli Mangas Martín, A Decent Supreme Court Judgement
- Pedro Tent Alonso, Assessment, In Light Of EU Law, Of The Constitutional Framework From Which The Spanish Supreme Court Has Approached The Prosecution Of Catalan Separatist Leaders
- Helena Torroja Mateu, The «Right To Decide» In International Law As Ground For Exclusion Of Unlawfullness
- Santiago Ripol Carulla & Rafael Arenas García, Issues Related To European Human Rights Law: The European Court Of Human Rights
- Javier Roldán Barbero, The Catalonia Independence Process And EU Law (2017-2020)
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
Saturday, January 23, 2021
- Articoli e Saggi
- Giovanni Cellamare, In tema di cooperazione tra Nazioni Unite, Unione africana e Unione europea in materia di mantenimento della pace e della sicurezza internazionale
- Michele Nino, The Evolution of the Concept of Territorial Sovereignty. From the Traditional Westphalian System to the State-Peoples Binomial
- Fabio D’Orlando, On Technological Unemployment
- Osservatorio Diritti Umani
- Maurizio Cadonna, Il diritto di voto nell’interpretazione del Comitato per i diritti delle persone con disabilità: oltre la prassi del Comitato per i diritti umani e della Corte europea dei diritti dell’uomo
- Note e Commenti
- Agnese Vitale, Il recesso dai trattati multilaterali: tra buona fede e principio di non Riconoscimento
- Francesca Di Gianni, Note sulla tutela della salute dei migranti in condizione irregolare /li>
Friday, January 22, 2021
Thursday, January 21, 2021
- Samantha Frances Bradley, Protection of Detainees from Sexual Violence under International Humanitarian Law
- Thibault Moulin, Reviving the Principle of Non-Intervention in Cyberspace: The Path Forward
- Stuart Casey-Maslen & Tobias Vestner, Trends in Global Disarmament Treaties
- Miloš Hrnjaz & Janja Simentić Popović, Protracted Armed Violence as a Criterion for the Existence of Non-international Armed Conflict: International Humanitarian Law, International Criminal Law and Beyond
- Robert Cryer & Natalia Perova, Peacekeepers: Internationalist Protectors or National Perpetrators, Protected Either Way?
- Bence Kis Kelemen, Human Shielding, Subjective Intent, and Harm to the Enemy
- Alon Margalit, Accounting for Those in the Hands of the Belligerent: Security Detainees, the Missing and the Dead in the Israeli–Hamas Conflict
Call for Papers: The Influence, Legacy and Future of the European Court of Human Rights in the International Legal Order
Wednesday, January 20, 2021
- Benjamin J. Richardson, Climate strikes to Extinction Rebellion: environmental activism shaping our future
- Research Articles
- Neil Gunningham, Can climate activism deliver transformative change? Extinction Rebellion, business and people power
- Dana James & Trevor Mack, Toward an ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver
- Francine Rochford, Morally motivated protest in the face of orthodoxy – environmental crisis and dissent in Australian democracy
- Anna Berti Suman, Sven Schade & Yasuhito Abe, Exploring legitimization strategies for contested uses of citizen-generated data for policy
- Nicole Rogers, Victim, litigant, activist, messiah: the child in a time of climate change
- Tyler McCreary, Between the commodity and the gift: the Coastal GasLink pipeline and the contested temporalities of Canadian and Witsuwit'en law
- Corrie Grosse & Brigid Mark, A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations
- Claire Burgess & Rupert Read, Extinction Rebellion and environmental activism – the XR interviews
- Paul Manly, Jonathan Bartley & Chlöe Swarbrick, Green parties and environmental activism
Tuesday, January 19, 2021
Perrone: Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules
Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order.
This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.
Monday, January 18, 2021
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states.
Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
Call for Submissions: JICJ Symposium on "International Criminal Justice in an 'Age of Misinformation'" (Reminder)
The Association of Young International Criminal Lawyers (YICL) is a non-profit organisation open to all those interested in International Criminal Law (ICL), International Human Rights Law (IHRL), International Humanitarian Law (IHL), Public International Law (PIL), and Criminal Law, irrespective of nationality, background or level of experience.
YICL is a platform on which academicians, practitioners, and students from all around the world can share their knowledge and experience, evaluate and discuss current developments in the field, and work together toward building a global network.
New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
- War in Cities: Searching for practical solutions to the contemporary challenges
- Darren Stewart, The conduct of military operations in the urban environment
- Dominique Loye, Urban warfare and the humanitarian concerns of the International Committee of the Red Cross
- Discussion on war in cities: setting the scene
- Randall Bagwell, Preparing for the inevitability of urban warfare
- Valerii Koval, Implementation of practical measures during combat in urban areas: the case of Ukraine
- Andrés Muñoz Mosquera, NATO’s perspective on urban conflicts: recent developments
- Randall Bagwell & Vaios Koutroulis, Discussion on practical implementation of the principle of precaution in urban conflicts
- Pieter van Malderen & Simon Gerard, Legal and operational challenges related to methods and means of warfare in urban conflicts
- Roland Evans, The need for better data in the explosive weapons in populated areas (EWIPA) debate
- Stéphane Kolanowski, Explosive weapons in populated areas
- Paul Berman, Stéphane Kolanowski, Simon Gerard & Pieter van Malderen, Discussion on legal and operational challenges related to methods and means of warfare in urban conflicts
- Patrick Hamilton, Challenges raised by contemporary urban conflicts in humanitarian action: the ICRC perspective
- Ben Klappe, Displacement of civilians during non-international armed conflict
- Ezequiel Heffes, Generating compliance in conflict settings: how to engage armed non-state actors on International Law and live to tell the tale
- Patrick Hamilton, Ben Klappe, Ezequiel Heffes & Emanuela-Chiara Gillard, Discussion on challenges raised by contemporary urban conflicts in humanitarian action
- Georgia Beatty, War crimes in cyberspace: prosecuting disruptive cyber operations under Article 8 of the Rome Statute
- Elliot Winter, The compatibility of the use of autonomous weapons with the principle of precaution in the law of armed conflict
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.