Monday, June 14, 2021

Lecture: Orford on "International Law and the Politics of History"

On June 21, 2021, Anne Orford (Univ. of Melbourne - Law) will deliver a lecture on "International Law and the Politics of History" as part of the Essex Public International Law Lecture Series. Details are here.

Sunday, June 13, 2021

Titi: The Function of Equity in International Law

Catharine Titi
(Centre national de la recherche scientifique) has published The Function of Equity in International Law (Oxford Univ. Press 2021). Here's the abstract:

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged.

In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Boisson de Chazournes: Fresh Water in International Law (Second Edition)

Laurence Boisson de Chazournes
(Univ. of Geneva - Law) has published the second edition of Fresh Water in International Law (Oxford Univ. Press 2021). Here's the abstract:

This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization.

Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.

Webinar: The Law of the Sea and Maritime Security Along the New Maritime Silk Road

On July 15, 2021, a webinar will be held on "The Law of the Sea and Maritime Security Along the New Maritime Silk Road." Details are here.

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 65, no. 6, July 2021) is out. Contents include:
  • Articles
    • Vesna Danilovic & Joe Clare, Flexibility and Firmness in Crisis Bargaining
    • Erik Lin-Greenberg & Theo Milonopoulos, Private Eyes in the Sky: Emerging Technology and the Political Consequences of Eroding Government Secrecy
    • Don Casler & Richard Clark, Trade Rage: Audience Costs and International Trade
    • Matthew Nanes & Trevor Bachus, Walls and Strategic Innovation in Violent Conflict
    • Nik Stoop & Marijke Verpoorten, Would You Fight? We Asked Aggrieved Artisanal Miners in Eastern Congo
    • R. Joseph Huddleston, Foulweather Friends: Violence and Third Party Support in Self-Determination Conflicts
    • Robert Böhm, Jürgen Fleiß, & Robert Rybnicek, On the Stability of Social Preferences in Inter-Group Conflict: A Lab-in-the-Field Panel Study

d'Aspremont: The Discourse on Customary International Law

Jean d'Aspremont
(Univ. of Manchester - Law; Sciences Po - Law) has published The Discourse on Customary International Law (Oxford Univ. Press 2021). Here's the abstract:

Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law.

The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.

Costello, Foster, & McAdam: The Oxford Handbook of International Refugee Law

Cathryn Costello
(Univ. of Oxford - Law), Michelle Foster (Univ. of Melbourne - Law), & Jane McAdam (Univ. of New South Wales - Law) have published The Oxford Handbook of International Refugee Law (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other.

Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.

Call for Submissions: German Yearbook of International Law (Deadline Extended)

The German Yearbook of International Law has issued a call for submissions for its forthcoming volume 64 (2021). The deadline for the submission of general articles has been extended to October 1, 2021. Here's the call:

The Editors of the German Yearbook of International Law have extended the deadline for submissions of general articles for volume 64 (2021), inviting interested parties to submit contributions for consideration for inclusion in the forthcoming edition by 1 October 2021.

The past year has proven to be the most consequential in modern history. Recent global events have highlighted the existence of serious challenges for international law and its institutions. The German Yearbook for International Law (GYIL) wishes to open submissions for articles on all topics and fields of interest that are relevant to public international law. Submissions from the entire academic community are welcomed. Articles will be independently peer-reviewed by a board of renowned experts. All work submitted will be scrutinised based on its intellectual quality and its advancement of academic discourse.

Submission Guidelines

Papers submitted should be in English, be between 10,000-12,500 words (inclusive of footnotes), and must conform with the house style of the GYIL (which is available on our website). Submissions, including a brief abstract, statement of affiliation, and confirmation of exclusive submission, should be sent by 1 October 2021 to the Assistant Editor of the GYIL via e-mail:yearbook@wsi.uni-kiel.de

More information can be found at our website or via the website of the Walther Schücking Institute for International Law.

Conference: Penalization of International Crimes in National Law

On June 14-15, 2021, the Justice Institute will host an online conference on "Penalization of International Crimes in National Law." Details are here.

Friday, June 11, 2021

Mayer: Temperature Targets and State Obligations on the Mitigation of Climate Change

Benoit Mayer (City Univ. of Hong Kong - Law) has published Temperature Targets and State Obligations on the Mitigation of Climate Change (Journal of Environmental Law, forthcoming). Here's the abstract:
The Supreme Court of the Netherlands in Urgenda held that States had a customary obligation to implement their ‘fair share’ in achieving the 2°C temperature limitation target they had agreed upon. Yet, this article argues, the notion that States must adopt or implement mitigation action in line with temperature targets finds no support in treaty or customary law. States’ acceptance of temperature targets as a collective objective is relevant to interpreting the standard of due diligence applicable to mitigation obligations only inasmuch as this objective is actually reflected in consistent State practice. At present, temperature targets represent essentially an agreement on a direction of travel: the need for more mitigation action. Over time, the acceptance of this objective could facilitate further legal developments as States agree on particular implications of temperature targets and on a requirement that each of them acts consistently with its interpretation of these targets.

Call for Papers: Asian Law Works-In-Progress Session (Reminder)

The Section on East Asian Law and Society of the American Association of Law Schools, the Asia-Pacific Interest Group of the American Society of International Law, and the Asia Committee of the American Society of Comparative Law have issued a call for papers for a virtual works-in-progress, to be held on Monday, July 19, 2021. The call is here. The deadline is Monday, June 14.

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 27, no. 2, April-June 2021) is out. Contents include:
  • Manuel Fröhlich, World Organization Epitomized: The Life and Legacy of Sir Brian Urquhart
  • Cecilia Jacob, Institutionalizing Prevention at the UN: International Organization Reform as a Site of Norm Contestation
  • Emizet F. Kisangani & David F. Mitchell, The Impact of Integrated UN Missions on Humanitarian NGO Security: A Quantitative Analysis
  • Kseniya Oksamytna & Magnus Lundgren, Decorating the “Christmas Tree”: The UN Security Council and the Secretariat’s Recommendations on Peacekeeping Mandates
  • Megan Bradley, Joining the UN Family? Explaining the Evolution of IOM-UN Relations
  • Marco Bocchese, In the Eye of the Beholder: Elite Assessments of the ICC’s Performance
  • Hortense Jongen & Jan Aart Scholte, Legitimacy in Multistakeholder Global Governance at ICANN

Thursday, June 10, 2021

Peters: Animals in International Law

Anne Peters
(Max Planck Institute for Comparative Public Law and International Law) has published Animals in International Law (Brill | Nijhoff 2021). Here's the abstract:
The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.

Book Discussion: The Interplay between the EU's Return Acquis and International Law

On June 16, 2021, the International Law and Affairs Group and the Institute for the Study of European Law at City, University of London will host a book discussion of The Interplay between the EU's Return Acquis and International Law by Tamás Molnár. Details are here.

Online Roundtable: History and International Criminal Justice

On June 23, 2021, the ESIL Interest Groups on International Criminal Justice and the History of International Law will host an online roundtable on "History and International Criminal Justice." Details are here.

Lewis: Legal Fictions in International Law

Reece Lewis
(Cardiff Univ. - Law) has published Legal Fictions in International Law (Edward Elgar Publishing 2021). Here's the abstract:
This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination. The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more.

Lecture: Wennerström on "ECHR Protocol 15 – Brighton Revisited"

On June 14, 2021, Erik Wennerström (Judge, European Court of Human Rights) will deliver a lecture on "ECHR Protocol 15 – Brighton Revisited" as part of the Essex Public International Law Lecture Series. Details are here.

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 62, no. 1, Winter 2021) is out. Contents include:
  • Special Tribute to William P. Alford
    • Martha Minow, A Scholar and Administrator Attuned: Saluting William P. Alford
    • Xingzhong Yu, Virtue and Knowledge across Space and Time: A Tribute to Professor William P. Alford
    • Benjamin L. Liebman, William P. Alford: Kindness, Integrity, and Insight
    • Chang-fa Lo, Passion and Compassion Being the Key Characteristics of a Successful Legal Educator: Professor William P. Alford Is Hao Laoshi with Such Characteristics
    • Ruth L. Okediji, Culture and the Globalization of Knowledge Production: A Tribute to William P. Alford
    • Seung Wha Chang, Platform Nine and Three-Quarters in Harvard Law Station
    • Jerome A. Cohen, Putting Lawyers (of All Types) High on Professor William P. Alford's Future Agenda
    • Angela Ciccolo & Tim Shriver, William P. Alford: A Legacy of Inclusion
    • Michael A. Stein, Scholar, Mensch, and Disability Rights Champion: A Tribute to Professor William P. Alford
    • Mark Wu, Wise Lessons in Virtue: A Tribute to Professor William P. Alford
  • Matthew S. Erie, Chinese Law and Development
  • Rebecca J. Hamilton, Governing the Global Public Square
  • Stephen Kim Park & Tim R. Samples, Distrust, Disorder, and the New Governance of Sovereign Debt
  • Alyssa S. King, Global Civil Procedure

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 42, no. 2, 2021) is out. Contents include:
  • Jonathan Bonnitcha & Emma Aisbett, Against Balancing: Revisiting the Use/Regulation Distinction To Reform Liability and Compensation Under Investment Treaties
  • Yong-Shik Lee, Natsu Taylor Saito, & Jonathan Todres, The Fallacy of Contract in Sexual Slavery: A Response to Ramseyer's "Contracting for Sex in the Pacific War"
  • Valentina Vadi, Crisis, Continuity, and Change in International Investment Law and Arbitration

Wednesday, June 9, 2021

Conference: 16th Conference of the European Society of International Law

The 16th Conference of the European Society of International Law will take place September 9-11, 2021, in Stockholm. The format will be hybrid, with panelists present onsite at the conference venue, while other participants can follow onsite or online. The program is here. Registration is now open here.

New Issue: Israel Law Review

The latest issue of the Israel Law Review (Vol. 54, no. 1, July 2021) is out. Contents include:
  • Michael A Newton, Absolutist Admissibility at the ICC: Revalidating Authentic Domestic Investigations
  • Diletta Marchesi, The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements
  • Tomer Levinger, Denying the Right of Return as a Crime Against Humanity

Webinar: Is the future BBNJ agreement going to fill all relevant gaps relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction?

On June 10, 2021, the ESIL Interest Group on the Law of the Sea will host the third session of its webinar series on “Current Issues in the Law of the Sea.” The topic is “Is the future BBNJ agreement going to fill all relevant gaps relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction?” and will be delivered by Gabriele Goettsche-Wanli (formerly, United Nations - Division for Ocean Affairs and the Law of the Sea). Details are here.

Seminar: Dealing with . . . the past? Reconciliation, reparations, and beyond

On June 16, 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 fourth seminar of the Series "Unpacking Transitional Justice: International Law, Memory, and Power." The seminar will be held online and feature Oishik Sircar (Jindal Univ.), Sara Kendall (Kent Univ.) and Christopher Gevers (Univ. of KwaZulu-Natal) on the topic "Dealing with . . . the past? Reconciliation, reparations, and beyond." Details and registration are here.

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 12, no. 1, 2021) is out. Contents include:
  • Ianiv Garfunkel, The Referral of the Situation in Venezuela to the International Criminal Court: The Office of the Prosecutor Should Not Step In… Yet
  • Deniz Arbet Nejbir, Applying Humanitarian Law: A Review of the Legal Status of the Turkey–Kurdistan Workers’ Party (pkk) Conflict
  • Emilia Pabian, Prolonged Occupation and Exploitation of Natural Resources: A Focus on Natural Gas off the Coast of Northern Cyprus
  • Cristina Teleki, Detainee Operations in Ukraine: Risk or Opportunity for International Law?
  • Piergiuseppe Parisi, Fact-Finding in Situations of Atrocities: In Search of Legitimacy

Tuesday, June 8, 2021

Iverson: Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace

Jens Iverson
(Leiden Univ. - Law) has published Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace (Brill | Nijhoff 2021). Here's the abstract:
In Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la letter, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.