Mack & Cogan: In Between and Across: Legal History Without Boundaries

Kenneth W. Mack (Harvard Univ. - Law) & Jacob Katz Cogan (Univ. of Cincinnati - Law) have published In Between and Across: Legal History Without Boundaries (Oxford Univ. Press 2024). Contents include:

• Kenneth W. Mack & Jacob Katz Cogan, Introduction: Rewriting the Boundaries of Legal History
• Part I: The Political Economy of Time
• Matthew Axtell, Views from Rathole Mountain: A Lawscape Journey through Old Virginia
• Donna Dennis, The Rise of Retail Stockholder Litigation and the Creation of the Plaintiff's Bar in American Business Law, 1930-1950
• Felicia Kornbluh, Private Law, Public Welfare, Marital Ideals, and The Gender Binary . . . or, What I Learned at the Socio-Legal Revolution
• Maribel Morey, Power of the Purse: How “the Philanthropic North” Has Helped Determine Which Individuals, Groups, and Ideas in the Black Freedom Struggle Will Thrive Nationally
• Sarah Seo, “Kindred to Treason”: Conspiracy Laws in the United States
• Part II: Law, Space, and Place in History
• Catherine L. Evans, The Case as Episode: Murder and Migration in Colonial Australia
• Maeve Glass, The Chain and the Rope: Illuminating Constitutional Traditions
• Mitra Sharafi, South Asians at the Inns of Court: Empire, Expulsion, and Redemption circa 1900
• Part III: Rethinking Method: Law and Everything Else
• Jessica K. Lowe, “Our Experiences Make Us Who We Are”: Lessons from Thomas Ruffin and Dirk Hartog
• Farah Peterson, Debtor Constitutionalism
• Christina D. Ponsa-Kraus, Roosters and Resistance
• Laura Weinrib, Law, History, and the Interwar ACLU's Jewish Lawyers

Fach Gómez & Titi: The Award in International Investment Arbitration

Katia Fach Gómez (Univ. of Zaragoza - Law) & Catharine Titi (Centre national de la recherche scientifique; Université Paris 2 Panthéon-Assas) have published The Award in International Investment Arbitration (Oxford Univ. Press 2024). Here's the abstract:

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting.

By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

New Issue: Global Responsibility to Protect

The latest issue of Global Responsibility to Protect (Vol. 16, no. 4, 2024) is out. Contents include:

• Adrian Gallagher, Charles T. Hunt, & Cecilia Jacob, The Responsibility to Protect at an Inflection Point
• Gareth Evans, Atrocity Prevention and Response: Challenges for R2P
• Special Section: Cyberspace and the Responsibility to Protect
• Rhiannon Neilsen, Cyberspace and the Responsibility to Protect Populations from Atrocity Crimes
• Federica D’Alessandra & Ross James Gildea, Technology, R2P, and the UN Framework of Analysis for Atrocity Crimes
• Talita Dias, Finding Common Ground: the Right to Be Free from Incitement to Discrimination, Hostility, and Violence in the Digital Age
• Savita Pawnday, Digital Technologies and Atrocity Risks

Moremen: Perceptions of State: The US State Department and International Law

Philip Moremen (Seton Hall Univ. - Diplomacy and International Relations) has published Perceptions of State: The US State Department and International Law (Cambridge Univ. Press 2024). Here's the abstract:

Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.

Conversation on "Feminist Theory and International Law: Posthuman Perspectives"

On November 4, 2024, Birmingham Law School will host a conversation with Emily Jones (Newcastle Univ. - Law) and Máiréad Enright (Univ. of Birmingham - Law) on Feminist Theory and International Law: Posthuman Perspectives. Details are here.

Lecture: Dill on “International Law in Gaza: Belligerent Intent & Provisional Measures”

On October 22, 2024, Janina Dill (Univ. of Oxford - Government) will give the next lecture of the TuLaW – Tübingen Series on the Laws of War. The topic is: “International Law in Gaza: Belligerent Intent & Provisional Measures.” Details are here.

Kulamadayil: Global Starvation Governance and International Law

Lys Kulamadayil (Geneva Graduate Institute) has posted Global Starvation Governance and International Law (TWAILR: Reflections, 70/2024). Here's the abstract:

Lys Kulamadayil reflects on the concept of starvation in international law, and argues that contemporary understandings have been distorted by the classification of “famine” in purely technical terms, obscuring the intentional use of starvation as a tactic of war, erasure and genocide.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 73, no. 3, July 2024) is out. Contents include:

• Articles
• Richard L. Kilpatrick, Jr, Revisiting the Five-Powers War Risk Exclusion
• Kathryn Greenman, Of War and International Investment Law
• Harry Hobbs & Donald Rothwell, Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
• Douglas Guilfoyle & Joanna Mossop, The Extent and Legitimacy of the Judicial Function in UNCLOS Dispute Settlement
• Delia Ferri, Iryna Tekuchova, & Eva Krolla, Between Disability and Culture: The Search for a Legal Taxonomy of Sign Languages in the European Union
• Kanstantsin Dzehtsiarou & Niccolò Ridi, The Use of Scholarship by the European Court of Human Rights
• Shorter Articles
• Mauro Arturo Rivera León, Voting Protocols as Informal Judicial Institutions: The Politics of Enforceability and Strategic Breaching
• Christian Henderson, US and UK Military Strikes in Yemen and the Jus Ad Bellum
• Yingfeng Shao, Laura Carballo Piñeiro, Maximo Q Mejia, Jr, A Newcomer to Maritime Law: The Beijing Convention on the International Effects of Judicial Sales of Ships

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 42, no. 3, 2024) is out. Contents include:

• Yulia Dergacheva, A Critical Engagement with the Conceptualization of Sexual Harassment in International Human Rights Law
• Klaus D. Beiter, Open Access ‘Unaccomplished’ – Reforming Copyright or Reconceptualizing Science? Access to Scholarly Publications under a (Reinterpreted) Right to Science
• Tomas Wedin & Carl Wilén, Historicizing the Historical Turn in Human Rights Studies: Origins, Inequality, and Neoliberalism in the Modern Epoch
• Elin Skaar & Aaron John Spitzer, Conceptualizing the Legitimacy of Non-Transitional Truth Commissions: Norway and Canada Compared
• Muyiwa Adigun, Companies’ Human Rights: The Implications for a Human Rights Approach to Climate Change Litigation in South Africa
• Kateryna Zakomorna, Oleksandr Poproshaiev, Olena Poproshaieva, Viktor Muntian & Anna Prikhodko, Legal Guarantees of Physical Activity as Determinants of the Human Right to Health: The Ukrainian Experience in the European Integration Context
• Puskar R. Joshi, Zohreh R. Eslami & Hector H. Rivera, New Constitution in Nepal: Fundamental Freedoms and Educational Rights Provisions, and Implications for Dalits’ Schooling

Call for Papers: 2025 ILA-ASIL Asia-Pacific Research Forum

A call for papers has been issued for the 2025 ILA-ASIL Asia-Pacific Research Forum, which will be held July 7-8 in Taipei and hosted by the Research Center for International Legal Studies of National Chengchi University and the Chinese (Taiwan) Society of International Law. The theme is: "Sustainable International Law." The call is here.

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 118, no. 3, July 2024) is out. Contents include:

• Articles
• Ingrid Brunk & Monica Hakimi, The Prohibition of Annexations and the Foundations of Modern International Law
• Joanna Jarose, A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond
• International Decisions
• Ibrahim A. Alturki, R (on the Application of PACCAR Inc. and Others) v. Competition Appeal Tribunal and Others, [2023] UKSC 28
• Lauri Mälksoo, Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment
• Tomasz Jaroszyński, European Parliament v. European Commission, Case C-137/21, Judgment
• Contemporary Practice of the United States Relating to International Law
• The Department of State Announces Initiatives to Counter Foreign State Information Manipulation
• The United States Designates the Overthrow of Niger's Government a “Coup d'Etat”
• New Compact of Free Association Agreements with Micronesia, the Marshall Islands, and Palau Approved by Congress
• President Biden Issues Memorandum Requiring Assurances from Recipients of U.S. Military Aid and the State and Defense Departments Certify Israel's Compliance
• The UN General Assembly Adopts U.S.-Led Resolution on Safe, Secure, and Trustworthy Artificial Intelligence
• The United States Comments on Matters Pending at the International Court of Justice and the International Criminal Court Pertaining to the Israeli-Palestinian Conflict
• Recent Books on International Law
• J. Benton Heath, Neutrality and Governance in a Weaponized World
• Natsu Taylor Saito, reviewing Race and National Security, edited by Matiangai V. S. Sirleaf
• Kal Raustiala, reviewing Digital Empires: The Global Battle to Regulate Technology, by Anu Bradford
• Annyssa Bellal, reviewing Rebel Courts: The Administration of Justice by Armed Insurgents, by René Provost

Conference: Forty-Second Investment Treaty Forum Public Conference

On November 8, 2024, the British Institute of International and Comparative Law will host, in person and online, the Forty-Second Investment Treaty Forum Public Conference. The theme is: "Illegality in International Investment Law." The program is here.

New Issue: International Theory

The latest issue of International Theory (Vol. 16, no. 2, July 2024) is out. Contents include:

• Scott Wolford & Toby J. Rider, Weak sovereignty and interstate war
• Patrick J. McDonald & Kevin Galambos, Trilateral politics in hierarchy, war, and state formation
• Kate Yoon, The many faces of sovereignty
• David Lefkowitz, A new philosophy for international legal skepticism?
• Tim Beaumont, John Stuart Mill on the Suez Canal and the limits of self-defence

Von Bernstorff: L’essor et la chute du droit international humanitaire

Jochen Von Bernstorff (Universität Tübingen - Law) has published L’essor et la chute du droit international humanitaire : Une brève histoire de la codification de la protection des civils en temps de guerre (1899-1977) (Pedone 2024). Here's the abstract:

Les règles de protection des civils ont toujours été au cœur du droit de la guerre (ius in bello). La codification de ces règles a commencé dans la seconde moitié du 19e siècle, à l'apogée de l'impérialisme européen, et s'est poursuivie après les deux guerres mondiales et pendant la guerre froide. Malgré cela, le nombre de civils tués à la guerre n'a cessé d'augmenter jusqu'à aujourd'hui.

L'expert en droit international Jochen VON BERNSTORFF décrit l'essor et la chute des règles de protection des civils en temps de guerre.

Seminar Series: Thinking Gender, History and International Law

The University of Warwick School of Law's Gender and the Law Cluster will host a seminar series in 2024-2025 on "Thinking Gender, History and International Law." The schedule is here. The first seminar, on "How to Write Feminist Histories of International Law," will take place on October 21, 2024.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 63, no. 4, August 2024) is out. Contents include:

• Views adopted under art. 31 of the Convention, concerning Commc'n No. 4/2021 (U.N. Comm. Enforced Disappearances), with introductory note by Ariel Dulitzky
• Convention on Int'l Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes, with introductory note by Hilly Moodrick-Even Khen
• Case C-632/20 P, Spain v. Eur. Comm'n (C.J.E.U.), with introductory note by Eva Kassoti
• Foreign Relations Law of the People's Republic of China, with introductory note by Zheng Tang
• R (AAA (Syria) and Others) v. Secretary of State for the Home Dep't (UKSC), with introductory note by Guy S. Goodwin-Gill

Call for Papers: 20th Annual Conference of the European Society of International Law

The European Society of International Law has issued a call for papers for its 20th Annual Conference, which will take place September 10-13, 2025, at the Freie Universität Berlin. The theme is: "Reconstructing International Law." The call is here. The deadline is January 31, 2025.

Carballo Piñeiro & Mejia: The Elgar Companion to the Law and Practice of the International Maritime Organization

Laura Carballo Piñeiro (Universidade de Vigo - Law), & Maximo Q. Mejia Jr (World Maritime Univ.) have published The Elgar Companion to the Law and Practice of the International Maritime Organization (Edward Elgar Publishing 2024). Here's the abstract:

This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans.

Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.

Bradley: Historical Gloss and Foreign Affairs: Constitutional Authority in Practice

Curtis A. Bradley (Univ. of Chicago - Law) has Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard Univ. Press 2024). Here's the abstract:

In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”

Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.

Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

New Issue: Yale Journal of International Law

The latest issue of the Yale Journal of International Law (Vol. 49, no. 2, 2024) is out. Contents include:

• Sophie Eastwood, Investment Arbitration and Environmental Protection: Irreconcilable Interests or Mutual Adaptation?
• Zohra Ahmed, The Price of Consent
• Patryk I. Labuda, Countering Imperialism in International Law: Examining the Special Tribunal for Aggression against Ukraine through a Post-Colonial Eastern European Lens

New Issue: Intergovernmental Organisations In-House Counsel Journal

The latest issue of the Intergovernmental Organisations In-House Counsel Journal (no. 3, October 2024) is out. Contents include:

• Isabella Micali Drossosa & Lou M.C. Granier, Intersections between Female Genital Mutilation, the Rule of Law and the UN Sustainable Development Goals
• Divya Chawla, Accelerating Alignment with the Paris Agreement in the Financial Sector
• Alison Jensen & Jack Nichols, IFFIm: a Unicorn or a Road Map?
• Tom Edmondston-Low, Shaping IFI Systems: Board Governance and the Way Forward
• Michal Horelik, Creditor Protection through Choice of Governing Law
• Philemon Iko-Ojo Omede & Ntayi Anfani Bandawa, Corporate vs Individual Credit Default: A Systemic Risk Argument for Individual Bailouts

Aust, Krieger, & Lange: Research Handbook on International Law and Domestic Legal Systems

Helmut Philipp Aust (Freie Universität Berlin - Law), Heike Krieger (Freie Universität Berlin - Law), & Felix Lange (Univ. of Cologne - Law) have published Research Handbook on International Law and Domestic Legal Systems (Edward Elgar Publishing 2024). Here's the abstract:

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.

Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.

AJIL Unbound Symposium: Unsettling the Sovereign “Right to Exclude”

AJIL Unbound has posted a symposium on “Unsettling the Sovereign ‘Right to Exclude.’” The symposium includes a preface by Jaya Ramji-Nogales, an introduction by Ayelet Shachar, and contributions by Vincent Chetail, Radhika Mongia, Moria Paz, Jürgen Bast, Janna Wessels, and Lukas Schmid.

van Aaken & Hirsch: Introduction: International Legal Theory & the Cognitive Turn

Anne van Aaken (Univ. of Hamburg - Law) & Moshe Hirsch (Hebrew Univ. of Jerusalem - Law) have posted Introduction: International Legal Theory & the Cognitive Turn (in International Legal Theory and the Cognitive Turn, Anne van Aaken & Moshe Hirsch eds., forthcoming). Here's the abstract:

Cognitive and behavioural studies are making inroads into international law literature and international policy-making; yet their implications for international legal theory remain under- explored. This book is premised on the assumptions that first, human cognition affects the perceptions and behaviour of real-world international law decision-makers; and second, that cognitive processes matter in how international law is formed, interpreted, implemented, and theorized. The book's chapters set out to unearth if and how implicit or explicit assumptions about human cognition are present in various international legal theories; as well as if and how these theoretical approaches can be informed and potentially modified by cognitive studies. Following a succinct discussion on the ‘cognitive turn’, the Introduction briefly addresses somecentral terminological and conceptual issues of cognitive and behavioural studies used in the following chapters. It also exposes some key concepts of cognitive-behavioural studies, sheds light on various interactions between the latter studies and some prominent properties of international legal theories, and provides brief summaries of the book’s chapters.

Panel: International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles

On October 23, 2024, the International Law at Westminster (ILaW) research group will host a panel on Marco Roscini's "International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles." Panelists include Michael Wood (Twenty Essex, London), Megan Donaldson (Univ. College London), Harriet Moynihan (Chatham House), Marco Roscini (Univ. of Westminster & Geneva Academy) and Marco Longobardo (Univ. of Westminster). Details are here.