Thursday, June 17, 2021
Call for Proposals: First Annual Doctoral Seminar of the Siracusa International Institute for Criminal Justice and Human Rights
Webinar: Marine Biodiversity and Human Rights: Existing International Obligations and New Avenues for International Law-Making
Wednesday, June 16, 2021
- Denisa Kostovicova & Tom Paskhalis, Gender, Justice and Deliberation: Why Women Don't Influence Peacemaking
- Calvert W Jones, Jocelyn Sage Mitchell, & Justin D Martin, Ambivalent Sexism? Shifting Patterns of Gender Bias in Five Arab Countries
- Lina Benabdallah, Spanning Thousands of Miles and Years: Political Nostalgia and China's Revival of the Silk Road
- Jeffrey M Kaplow & Erik Gartzke, The Determinants of Uncertainty in International Relations
- Seán Molloy, Theorizing Liberal Orders in Crisis Then and Now: Returning to Carr and Horkheimer
- Linus Hagström, Great Power Narcissism and Ontological (In)Security: The Narrative Mediation of Greatness and Weakness in International Politics
- Ranjit Lall, The Financial Consequences of Rating International Institutions: Competition, Collaboration, and the Politics of Assessment
- Alexandra O Zeitz & David A Leblang, Migrants as Engines of Financial Globalization: The Case of Global Banking
- Trung A Dang & Randall W Stone, Multinational Banks and IMF Conditionality
- Andrey Tomashevskiy, Economic Statecraft by Other Means: The Use and Abuse of Anti-Bribery Prosecution
- Lesley-Ann Daniels, Stick Then Carrot: When Do Governments Give Amnesty during Civil War?
- Elizabeth J Menninga & Alyssa K Prorok, Battles and Bargains: Escalation, Commitment, and Negotiations in Civil War
- Yasutaka Tominaga & Chia-yi Lee, When Disasters Hit Civil Wars: Natural Resource Exploitation and Rebel Group Resilience
- Annekatrin Deglow & Ralph Sundberg, To Blame or to Support? Large-scale Insurgent Attacks on Civilians and Public Trust in State Institutions
- Vera Mironova & Sam Whitt, Public Tolerance of Retributive Violence against Insurgencies
- Sam S Rowan, Does Institutional Proliferation Undermine Cooperation? Theory and Evidence from Climate Change
- Philipp Lutz, Anna Stünzi, & Stefan Manser-Egli, Responsibility-Sharing in Refugee Protection: Lessons from Climate Governance
- Rochelle Terman & Zoltán I Búzás, A House Divided: Norm Fragmentation in the International Human Rights Regime
- Jacob Otto & William Spaniel, Doubling Down: The Danger of Disclosing Secret Action
- Drew Holland Kinney, Sharing Saddles: Oligarchs and Officers on Horseback in Egypt and Tunisia
- Aaron Erlich & Calvin Garner, Subgroup Differences in Implicit Associations and Explicit Attitudes during Wartime
- M Patrick Hulme & Erik Gartzke, The Tyranny of Distance: Assessing and Explaining the Apparent Decline in U.S. Military Performance
Tuesday, June 15, 2021
The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.
Monday, June 14, 2021
Sunday, June 13, 2021
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.
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.
- 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
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.
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.
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.
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:firstname.lastname@example.org
Friday, June 11, 2021
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.
- 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
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.
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.