Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.
Sunday, November 28, 2021
Iacovides: The Law and Economics of WTO Law: A Comparison with EU Competition Law's 'More Economic Approach'
This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.
Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement.
Human movement from conflict and the desire for different livelihoods have been abiding features of most social orders. Yet, the categorization of people as refugees and specific international refugee laws and welfare programmes is a recent endeavour. This article looks at the key factors driving the international refugee regime’s expansion. It argues that the United Nations High Commissioner for Refugees (UNHCR) has played a central role in this regard, advancing categorizations of displaced persons in refugee terms to ensure its survival and growth over the years. By tracing the historical development of the refugee regime, we can better understand how the control of human movement has become constituted in ways that foster organizational growth and geopolitical legitimacy, under the authority of humanitarianism.
The right to a fair trial is the most litigated human right in the world. Understanding the right requires reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also to the preparatory work of the treaty (travaux préparatoires) and the circumstances of its conclusion. This volume brings together for the first time the complete travaux to Article 14 of the International Covenant on Civil and Political Rights, with reference to the discussion regarding other articles where relevant. It traces the evolution of the text over more than a decade of the drafting process through a number of United Nations bodies. The materials reveal a lengthy and complex process of drafting the Covenant, the intentions of the delegates regarding the interpretation of certain provisions, and those issues that they left open for states parties to decide through their practice.
Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations.
This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.
Cox: The Risk of Obsolescence: Reframing the Contemporary Use of Force Model to Achieve a More Holistic Application of the UN Charter Jus Ad Bellum Construct
This article challenges the effectiveness of the prevailing interpretation of the contemporary use of force model that is centred on a decidedly narrow selection of relevant provisions of the Charter of the United Nations (UN Charter). In the now seventy-five years of the UN Charter era, predominant modes of armed conflict have evolved so as to be largely unrecognizable when compared to the model of war that was contemplated when negotiating and ratifying the Charter. Nonetheless, modes of engaging with an actual or contemplated use of force remain rooted in a model developed more than seven decades ago. This article suggests that a new frame of analysis is needed. The “Reframer” approach and “Purposes and Principles” model developed herein remain just as firmly grounded in the UN Charter as the prevailing interpretation. However, this novel approach and model incorporate a degree of nuance and adaptiveness that is not feasible when applying the prevailing interpretation of the contemporary use of force model.
- Paulo Pinto de Albuquerque, ‘Figli di un dio minore’: migranti e rifugiati nel quadro della Convenzione europea dei diritti dell’uomo
- Mariano J. Aznar, Il meccanismo di protezione dei diritti umani dell’UNESCO: il ‘Procedimento 104’
- Lorenzo Acconciamessa, L’ammissibilità ratione personae dei ricorsi alla Corte europea di individui estremamente vulnerabili: uguaglianza sostanziale e tutela del diritto di accesso alla giustizia internazionale
- L’‘esplosione’ del contenzioso interstatale sui diritti umani tra aspettative e realtà
- Martina Buscemi, Cesare Pitea, Introduzione
- Paolo Palchetti, Ricorsi interstatali in materia di diritti umani: uno strumento da maneggiare con cura
- Beatrice I. Bonafè, Parallel Human Rights Proceedings Before International Courts and Monitoring Bodies
- Elena Carpanelli, Il rapporto tra ricorsi interstatali e individuali dinnanzi alla Corte europea dei diritti umani
- Lorenzo Acconciamessa, Le misure cautelari nei giudizi interstatali sui diritti umani: la prassi recente della Corte internazionale di giustizia e della Corte europea dei diritti umani
- Chiara Tea Antoniazzi, What Role for Human Rights in the International Climate Change Regime? The Paris Rulebook Between Missed and Future Opportunities
- Andrea Crescenzi, La questione del rimpatrio di donne migranti a rischio di subire mutilazioni genitali
- Andrea Longo, The Use of Boycott as a Tool to Protect Fundamental Norms of International Law: The Baldassi Decision
- Ludovica Poli, Sistemi scolastici inclusivi tra empowerment delle persone con disabilità ed ‘educazione alla diversità’
- Raffaella Nigro, La giurisdizione della Corte penale internazionale sul Territorio Palestinese Occupato e la statualità della Palestina
- Adele Del Guercio, Migrazioni connesse con disastri naturali, degrado ambientale e cambiamento climatico: sull’ordinanza n. 5022/2020 della Cassazione italiana
- Anna Fazzini, ‘Buoni’ e ‘cattivi’ alle frontiere terrestri: la progressiva definizione del divieto di espulsioni collettive a margine della sentenza M.K.
- Georg Nolte, Parliamentary Authorization and Judicial Control of Deployments of Armed Forces Abroad – Constitutional Developments in Germany with a View to the Situation in Italy
- Nicola Acocella, La scuola: acquisizione di un patrimonio culturale dato o sviluppo di nuove cognizioni, valori e modelli di comportamento? (Parte I)
- Articoli e Saggi
- Ugo Villani, Le Nazioni Unite tra crisi del multilateralismo e istanze di democratizzazione
- Vasilka Sancin & Marko Krajnc, The Elusive Notion of ‘Peoples’ in the Context of Post- Colonial Self-Determination Claims: The Case of Nagorno-Karabakh
- Osservatorio Europeo
- Luigimaria Riccardi, The Main Factors Affecting the Role of the European Union Within Other International Organizations and Entities in the Light of the Current Practice
- Osservatorio Diritti Umani
- Alessandra Sardu, CEDU, ripudio e ordine pubblico nella recente giurisprudenza della Cassazione
- Note e Commenti
- Eduardo Savarese, Immunity of Heads of State from Arrest and State Cooperation: The Development of the ICC Argumentative Approach Under Article 87 of the Rome Statute in the Al-Bashir Case
Saturday, November 27, 2021
- Letters to the Editors
- Freddie Sourgens, Tara Van Ho, Cancelling Schmitt
- Editorial: Brexit, the Irish Protocol and the ‘Versailles Effect’; In This Issue; In This Issue – Reviews
- Bernard M. Hoekman & Petros C. Mavroidis, Preventing the Bad from Getting Worse: The End of the World (Trade Organization) As We Know It?
- Antonio Coco & Talita de Souza Dias, ‘Cyber Due Diligence’: A Patchwork of Protective Obligations in International Law
- Felix E. Torres, Reparations: To What End? Developing the State’s Positive Duties to Address Socio-economic Harms in Post-conflict Settings through the European Court of Human Rights
- Johannes Hendrik Fahner, In Dubio Mitius: Advancing Clarity and Modesty in Treaty Interpretation
- EJIL: Debate!
- Gábor Kajtár & Gergő Barna Balázs, Beyond Tehran and Nairobi: Can Attacks against Embassies Serve as a Basis for the Invocation of Self-defence?
- Tom Ruys, Can Attacks against Embassies Serve as a Basis for the Invocation of Self-Defence? A Reply to Gábor Kajtár and Gergő Balázs
- EJIL: Debate!
- Alec Stone Sweet, Wayne Sandholtz & Mads Andenas, Dissenting Opinions and Rights Protection in the European Court: A Reply to Laurence Helfer and Erik Voeten
- Laurence R. Helfer and Erik Voeten, Walking Back Dissents on the European Court of Human Rights: A Rejoinder to Alec Stone Sweet, Wayne Sandholtz and Mads Andenas
- Roaming Charges: Places with a Soul
- Agata Wiącek, Pining for Re-entry
- Critical Review of Governance
- Fionnuala Ní Aoláin, ‘Soft Law’, Informal Lawmaking and ‘New Institutions’ in the Global Counter-Terrorism Architecture
- Book Review Symposium: Martti Koskenniemi, To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300-1870
- Nehal Bhuta. ‘Let us suppose that universals do not exist’: Bricoleur and Bricolage in Martti Koskenniemi’s To the Uttermost Parts of the Earth
- Julia Costa Lopez, Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives: Chapter 1: Legal Imagination in a Christian World
- Luigi Nuzzo, The Law That Wasn’t There: Chapter 2: The Political Theology of Ius Gentium – The Expansion of Spain 1524–1559
- Francesca Iurlaro, Disenchanting Gentili: Chapter 3: Italian Lessons. Ius Gentium and Reason of States
- Benjamin Straumann, Is the Law the Soul of the State?: Chapter 4: The Rule of Law – Grotius
- Daniel Lee, Delegating Sovereignty: Chapter 5: Governing Sovereignty: Negotiating French Absolutism in Europe
- Gabriella Silvestrini, Historical Imagination: Reason, Revolution, Restoration: Chapter 6: European Public Law 1715–1804
- Gillian Weiss, A Mediterranean View on Slavery and French Empire: Chapter 7: Colonies, Companies, Slaves: French Dominium in the World, 1627–1804
- Sarah Mortimer, From the Margins to the Centre: The Law of Nature and of Nations in England and Britain: Chapter 8: The Law and Economics of State-Building: England c.1450–c.1650
- Thomas Poole, Time for Federalist Speculation: Chapter 9: Giving Law to the World – England, 1635–1830
- Priya Satia, Risking a Colonial Anticolonialism: Chapter 10: Global Law: Ruling the British Empire
- Ere Nokkala, Contexts of Early Modern German Legal Imagination: On Transformations of German Natural Law – Governing the State-Machine: Chapter 11: A Science of State-Machines
- Nehal Bhuta, ‘Like a Tree in the Garden of State Sciences’: From Staatswissenschaften to External Public Law: Chapter 12: The End of Natural Law: German Freedom 1734–1821
- Martti Koskenniemi, ‘Stuck in Salamanca’: A Response
- Review Essays
- Carl Landauer, The Stuff of International Law. Review of Jessie Hohmann and Daniel Joyce (eds) International Law’s Objects
- David M. Scott & Ukri Soirila, The Politics of the Moot Court. Review of Mark Thomas and Lucy Cradduck. The Art of Mooting: Theories, Principles and Practice
- Book Reviews
- Mai Taha, reviewing Cait Storr, International Status in the Shadow of Empire: Nauru and the Histories of International Law
- Fabian Simon Eichberger, reviewing Gus van Harten, The Trouble with Foreign Investor Protection
- The Last Page
- Juana Inés de la Cruz, Hombres necios que acusáis
- Elżbieta Czarny-Drożdżejko, Exclusive right of communication of works to the public in the legal system of the European Union
- Uchenna F. Ugwu, Maximizing the differentiation principle in regional IP treaties to advance food security: Limitations in West Africa's regional IP and trade regime
- Alix C. Heugas, Protecting image rights in the face of digitalization: A United States and European analysis
- Cheng Peng Sik, Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law
- Franky Varah, Chodang Pamreishang, & Sophayo Khamrang, Protecting expressions of Naga folklore through sui generis model
- Sadiya S. Silvee & Madanoor Mohammed Wasaf, Intellectual property rights in e-commerce industry of Bangladesh
- Ramesh B. Karky, Japanese biotechnology regulation and life science (gene) patenting
- Sayantani Datta, Padmavati Manchikanti, & Niharika S. Bhattacharya, Enhancing geographical indications protection in India for community relevance
- Sparsh Sharma, The debate around the access to vaccine and licensing amidst second wave of COVID-19 in India
- Talat Chaudhary & Arshi Chaudhary, TRIPS waiver of COVID-19 vaccines: Impact on pharmaceutical industry and what it means to developing countries
- Harshita Agarwal, Capitalizing an epidemic: Does voluntary license stabilizes access to patented vaccines and public health crisis?
Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.
The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.
- Original Articles
- Colin Mackie, Due diligence in global value chains: Conceptualizing ‘adverse environmental impact’
- Gillian Moon, Arrested ambition? Foreign investor protections, stabilization clauses and fossil-fuelled power generation in developing countries
- Matthias Honegger, Wil Burns, & David R. Morrow, Is carbon dioxide removal ‘mitigation of climate change’?
- Elisabeth V. Henn, Protecting forests or saving trees? The EU's regulatory approach to global deforestation
- Elien Verniers, Bringing animal welfare under the umbrella of sustainable development: A legal analysis
- Rahel Zimmermann, The World Health Organization as actor in international environmental law? An analysis by example of the global waste challenge
- Jakub Handrlica, The mirage of universalism in international nuclear liability law: A critical assessment 10 years after Fukushima
- Viktor Weber, Are we ready for the ship transport of CO2 for CCS? Crude solutions from international and European law
- Yayun Shen & Michael Faure, Private standards for the public interest? Evidence from environmental standardization in China
- Case Note
- Chiara Macchi & Josephine van Zeben, Business and human rights implications of climate change litigation: Milieudefensie et al. v Royal Dutch Shell
This chapter chronicles the lingering presence and influence of international law on the regulatory options available for corporations operating both within and outside state borders and offers an alternative to the conventional history positing the irrelevance of international law to the question of business corporations. During the nineteenth century, a corporation came to be considered a private entity formed for the purpose of pursuing commercial ends. Prior to that time, the identity of corporations was less clearly defined, and they owed their existence to the governments that chartered them. In the context of international law, this transition would gain prominence in the latter part of nineteenth century in debates among scholars in the field about the involvement of chartered companies in the scramble for Africa. As the nineteenth century drew to an end, most chartered companies were dissolved. Consequently, the international legal debate over the legitimacy of using companies as governing authorities in Africa was put to rest. In the following decades, international legal scholars rarely considered the private business corporation an issue of concern or subject for examination in key treatises or other works. Yet, reading the commentaries of these international lawyers along with the experience of the post-charter legal order exposes how the presumption of separate spheres between the public (authority of governments) and the private (authority of firms) did not necessarily result in the resumption of responsible governance on the part of the imperial state. Nor did business enterprises make a radical shift away from the practices associated with the charter era. Rather, the international legal doctrines of state responsibility, diplomatic protection, human rights, and investment law weaved a veil that concealed much of the activities of corporations from legal scrutiny and nurtured the alliance between powerful governments and commercial corporations.
- Marc-André Anzueto, In the shadow of Canadian imperialism? Strategic human rights litigation in Guatemala (2009–2019)
- Christopher Roberts, Reversing the burden of proof before human rights bodies
- Lamis Abdelaaty, The relationship between human rights and refugee protection: an empirical analysis
- Edita Gzoyan & Regina Galustyan, Forced marriages as a tool of genocide: the Armenian case
- Bella Kovner, Adar Zehavi & Daphna Golan, Unaccompanied asylum-seeking youth in Greece: protection, liberation and criminalisation
- Marcin Szwed, The Polish model of civil post-conviction preventive detention in the light of the European Convention on Human Rights
- Jakob Schou Kupferberg, Migration and dignity – relocation and adaptation in the face of climate change displacement in the Pacific – a human rights perspective
- Dawid Sześciło & Stanisław Zakroczymski, From Paris to Venice: the international standard of the ombudsman’s independence revisited
- Kasim Balarabe, Open grazing legislations and the protection of ethnic minority rights in Nigeria
- Sebghatullah Qazi Zada, Breach of Afghanistan’s international obligations using the due diligence standard to combat violence against women
- Matthias Vanhullebusch, Complying with Custom before the World Court: Towards a Relational Normativity
- Dilyara Nigmatullina, Planned Early Dispute Resolution Systems and Elements: Experiences and the Promise of Technology
- Harshad Pathak, Jurisdictional Conflicts between Investment Treaty and Commercial Arbitration—The Role of Lis Pendens
- Dai Tamada, Inter-State Communication under ICERD: From ad hoc Conciliation to Collective Enforcement?
- Current Developments
- Xuan Shao, Disrupt the Gambler’s Nirvana: Security for Costs in Investment Arbitration Supported by Third-Party Funding
- Attila M Tanzi, Adjudication at the Service of Diplomacy: The Enrica Lexie Case
- Marcin J Menkes, ISDS Reform: Financing of the Permanent Investment (Appeals) Body
- Felicia A Grey, Arbitration as an Alternative Dispute Settlement Mechanism at the WTO
- Ilias Bantekas, Transnational Islamic Finance Disputes: Towards a Convergence with English Contract Law and International Arbitration
- Ingo Borchert, Paola Conconi, Mattia Di Ubaldo, & Cristina Herghelegiu, The Pursuit of Non-Trade Policy Objectives in EU Trade Policy
- Maria Anna Corvaglia, Labour Rights Protection and Its Enforcement under the USMCA: Insights from a Comparative Legal Analysis
- Abdur Chowdhury, Xuepeng Liu, Miao Wang, & M. C. S. Wong, The Role of Multilateralism of the WTO in International Trade Stability
- Asif H. Qureshi, US Surveillance of Foreign Currency Exchange and Macroeconomic Practices
- Simon Abendin & Pingfang Duan, Global E-Commerce Talks at the WTO: Positions on Selected Issues of the United States, European Union, China, and Japan
Tuesday, November 23, 2021
- Research Article
- Diana Azarnoush Arsanjani Reisman, Rebus sic stantibus as a Stabilizing Doctrine in the Climate Crisis
- Special Issue: Article 6 of the Paris Agreement
- Lisa Benjamin & David A. Wirth, From Marrakesh to Glasgow: Looking Backward to Move Forward on Emissions Trading
- Géraud de Lassus St-Geniès, Might Cooperative Approaches Not Be So Cooperative? Exploring the Potential of Article 6.2 of the Paris Agreement to Generate Legal Disputes
- Gillian Moon & Christoph Schwarte, The Paris Agreement’s Article 6 Market Mechanisms and WTO Law
- David Rossati, A Question of Value: On the Legality of Using Kyoto Protocol Units under the Paris Agreement
- Tara Van Ho, Defining the Relationships: “Cause, Contribute, and Directly Linked to” in the UN Guiding Principles on Business and Human Rights
- Lumina S. Albert, The Unintended Consequences of the Legalization of Prostitution: Lifting the Veil: The Unintended Consequences of the Legalization of Prostitution
- Sophia Hatz, What Shapes Public Support for Torture, and Among Whom?
- Wenwen He, Unresolved Issues Regarding Hukou Registration Following Implementation of China’s Universal Two-child Policy
- Austin Choi-Fitzpatrick & Amelia Watkins-Smith, Agency Continuum? A Non- Binary Approach to Agency Among Human Rights Violators and Victims
- Rachel Mazique, Deaf Rights as Human Rights: Delimiting the Human with Literatures of “The Hearing Line”
- Aurore Schwab, IHRL and the Defamation of Religions: Can We Change the Subject?
- Marika McAdam, Continuing to pay the Price for Freedom: The Ongoing Detention of Victims After Their Trafficking Experience
Sunday, November 21, 2021
- Rachel Myrick, Do External Threats Unite or Divide? Security Crises, Rivalries, and Polarization in American Foreign Policy
- Bryan Schonfeld, Trading Places, Trading Platforms: The Geography of Trade Policy Realignment
- Tiberiu Dragu & Yonatan Lupu, Digital Authoritarianism and the Future of Human Rights
- Matt Malis, Conflict, Cooperation, and Delegated Diplomacy
- Andrew J. Coe & Jonathan N. Markowitz, Crude Calculations: Productivity and the Profitability of Conquest
- Research Notes
- Darin Christensen, Alexandra C. Hartman, & Cyrus Samii, Legibility and External Investment: An Institutional Natural Experiment in Liberia
- Rachel Sweet, Concealing Conflict Markets: How Rebels and Firms Use State Institutions to Launder Wartime Trade
- Richard Clark, Pool or Duel? Cooperation and Competition Among International Organizations
Saturday, November 20, 2021
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars) (Reminder)
- One submission per person
- The submission may recommend both an article and a book, but not more than one article and not more than one book
- The article/book must pertain to international law, though it need not have been written by a lawyer
- The article/book must have been published in the year 2021
- Include the article/book title and an internet link to the publication
- The article/book may be in any language, but the submission recommending the article/book must be in English
- Include an explanation for your choice, but not more than two paragraphs per article/book
- Self-nominations will not be accepted
- Deadline: December 6, 2021, 5:00pm Eastern Time
- Not all submissions will be posted on the ILR blog
- By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
- Successful submissions will be posted the week of December 13, 2021
- Include your name, current position, and current affiliation with your submission
- Submissions should be emailed to email@example.com with the subject line: "ILR 2021 Interesting Article/Book Submission"