Friday, December 20, 2024
Call for Papers: The Political Universes of International Courts
Call for Submissions: Yearbook of International Disaster Law
New Issue: Transnational Criminal Law Review
- Symposium on the European Arrest Warrant: Two Decades of Visions and Legal Reality
- Masha Fedorova & Sabine Gless, The European Arrest Warrant: Two Decades of Visions and Legal Reality: Introduction to Symposium of EAW 20 Years On
- Miguel João Costa, Raquel Cardoso, & Vânia Costa Ramos, The Second Life of the European Arrest Warrant: An Analysis of the Protective Potential of Mutual Recognition against Extradition to Third States
- Ralf Riegel & Thomas Wahl, Twenty Years of the European Arrest Warrant From a German Viewpoint: Experiences, Challenges, Perspectives
- Gellér, Are the Principles of Mutual Trust and Recognition in Danger of Being Eroded by the Recent Jurisprudence of the ECJ Concerning the EAW?
- Rebecca Niblock, Post-Brexit extradition arrangements: the UK perspective on the TCA
- David J Dickson, The European Arrest Warrant in Scots Law
New Issue: Swiss Review of International and European Law
- Andrea Bonomi, La révision du chapitre 6 LDIP sur les successions internationales – une meilleure coordination avec l’étranger et plus d’autonomie pour le disposant
- Lorène Anthonioz & Niklaus Meier, Le conflit de normes en droit international privé, entre iura novit curia et maxime de disposition
Thursday, December 19, 2024
Fortuna, et al.: Customary International Law and Its Interpretation by International Courts: Theories, Methods and Interactions
It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.
New Issue: Journal of Human Rights Practice
- Articles
- Maja Janmyr, ‘Disturbing the Work of the Office’: The Limits of Refugee Collective Action on ‘UNHCR Territory’ in Beirut
- Mirjam van Schaik & Lynn Hillary, Conceptualization Shapes Practice: Apostasy-Based Refugee Claims and International Human Rights Law
- Lukasz Dziedzic, Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border
- Nicolás Buitrago-Rey, Paloma Núñez-Fernández, Aníbal Pérez-Liñán, & Angélica Suárez-Torres, Specificity in the Inter-American Court of Human Rights
- Andrew Chubb & Kirsten Roberts Lyer, Transnational Human Rights Violations: Addressing the Evolution of Globalized Repression through National Human Rights Institutions
- Sangeeta Shah & Sandesh Sivakumaran, Complementing UN Human Rights Efforts Through Universal Periodic Review
- James Harrison, Mark Wielga, & Margarita Parejo, In Search of Effective Corporate Grievance Mechanisms: Can Mandatory Due Diligence Laws be a Progressive Force?
- Camila Gianella, Jasmine Gideon, Mariana Salas, Kate Bayliss, Rossella De Falco, María José Romero, & Ruth Iguiñiz, A ‘Common Sense’ Response to Health Inequalities in Peru? Public-Private Partnerships in Health and the Implications for the Right to Health and Economic Inequality
- Katherine Mayall, Christina Zampas, & Rosario Grimà Algora, Mapping the Cross-Border Influence of Regional and International Reproductive Rights Cases
- Faraz Shahlaei, A Jurisdictional Vertigo: Compulsory Arbitration, Sports and the European Court of Human Rights
- Caroline Sweeney, Equality, Diversity and Inclusion within Ireland’s Police Service, An Garda Síochána: Bridging the Gap between Commitments and Reality
- Kurt Mills & Andrea Birdsall, Human Rights in Scottish Foreign Policy: Constructing Scotland as Good Global Citizen
- Nimra Ali, Zainab Iqbal, & Nadia Khadam, Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law
- Farah Mihlar, Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka
- Cher Weixia Chen, Graziella Pagliarulo McCarron, & Julie E . Owen, The Emotional Labour of College Student Activism: An Interview-Based Study
- Policy and Practice Notes
- Kathleen Gu, Dylan K . Kim, Lauren E . Kleidermacher, Anne D . Berhe, Alexander D . Sanjurjo, Ryan M . Leone, Simone R . Dreux, Allison P . Lin, Mina Yuan, Eunice Yang, Ashwin Viswanathan, Isabella M . Lorence, Melissa Wang, Kevin Molyneux, Prantik Saha, & Michael J . Devlin, Operations of a Student-Run Asylum Clinic: Frameworks, Challenges, and Recommendations
- Sheena Swemmer, Challenging Consent—Applicant Versus Amicus Curiae Interventions in Sexual Violence Cases in South Africa
- Jöran Lindeberg & Martin Henkel, A Shared Data Model for Improved Documentation of Human Rights Violations
Wednesday, December 18, 2024
Holloman: Digest of United States Practice in International Law, 2023
New Issue: Arbitration International
- Articles
- Ceyda Knoebel & Stephanie Collins, Enforcing intra-EU ICSID arbitration awards in a post-Achmea world in Europe: could the European Court of Human Rights assist in resolving the deadlock?
- Nobumichi Teramura & Leon Trakman, Confidentiality and privacy of arbitration in the digital era: pies in the sky?
- Mir-Hossein Abedian & Reza Eftekhar, Reasonableness: a guiding light—A probe into the World Court’s landmark judgment on substantive standards of investment protection and its takeaways for investment treaty tribunals
- Alexander Ferguson, Trade secrets at risk—the protection against expropriation of a trade secret
- Ben Steinbrück & Justin Friedrich Krahé, Isolated court determinations on the admissibility of arbitration: a case study of the German Federal Court of Justice’s recent decision on intra-EU ICSID proceedings
- Ksheeraja Satish & Harshitha Satish, A ‘withdrawal’ syndrome: counsel resignations in international arbitrations
- Case Note
- Ada Yee Lam Leung & Samuel Yee Ching Leung, The temptation of Occam’s Razor: jurisdiction, admissibility and party autonomy
New Issue: International Environmental Agreements: Politics, Law and Economics
- Tamara Grigoras, Should we regulate forests through free trade agreements?
- Nsikan-Abasi Odong, Reconciling the Incongruence between the Cartagena Protocol on Biosafety to the Convention on Biological Diversity and the GATT/WTO Rules
- Çağdan Uyar & Osman Devrim Elvan, Legal analysis of the CITES convention in terms of Turkish administrative and judicial processes
- Kyle S. Herman, Intermediaries and complexity: assessing emissions-based governance in the European Union’s EU-ETS
- Robert Bergsvik, Aarti Gupta, & Ina Möller, Is transparency furthering clarity in multilateral climate governance? The case of climate finance
- Caroline Bertram & Hermine Van Coppenolle, Strengthening the Paris Agreement through trade? The potential and limitations of EU preferential trade agreements for climate governance
New Issue: Human Rights Review
- Lumina S. Albert & Hansa Lysander Manohar, The Complicated Web of Trauma Proliferation Experienced by ‘Un-homed’ Immigrant Women Exploited in Illicit Massage Businesses
- Niclas Rautenberg & Daragh Murray, Making Tangible the Long-Term Harm Linked to the Chilling Effects of AI-enabled Surveillance: Can Human Flourishing Inform Human Rights?
- Suzana Košir & Radhika Lakshminarayanan, Manifestation of Women’s Rights in School Textbooks? Evidence from Social Science Textbooks in India
- Martin Tarkpor & Gerard Clarke, The International Monetary Fund (IMF), Policy Conditionality and Human Rights, 2001–2021
New Issue: Business and Human Rights Journal
- Articles
- Peter Muchlinski & Denis G Arnold, Sweatshops and Labour Law: The Ethical and Legal Implications of Ignoring Labour Law in Developing Countries
- Klara Polackova Van der Ploeg, Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework
- Caroline Omari Lichuma, Mandatory Human Rights Due Diligence (mHRDD) Laws Caught Between Rituals and Ritualism: The Forms and Limits of Business Authority in the Global Governance of Business and Human Rights
- Leïla Choukroune & Lorenzo Cotula, ‘Local Communities’ and the Development Conundrum: Where International Investment Law Meets Human Rights and Businesses
- Developments in the Field
- Nicolas Bueno, Nadia Bernaz, Gabrielle Holly, & Olga Martin-Ortega, The EU Directive on Corporate Sustainability Due Diligence (CSDDD): The Final Political Compromise
- Audrey Gaughran & Joseph Wilde-Ramsing, Fossil Fuel Industry Divestment and the Energy Transition: Lessons and Red Flags from Shell and the Niger Delta
- Emmanuel Umpula & Mark Dummett, The Blood Cobalt Narrative: Addressing Human Rights Concerns or Scaremongering?
- Daria Nagaivska & Olena Uvarova, Companies Operating in Conflict-Affected Environments Without Impacting the Conflict: Between Regular and Heightened Human Rights Due Diligence
- David Szablowski, Economic Diplomacy and Home State Responsibility for Human Rights Abuses Involving Extractive Industries Abroad: The Case of Canada
- Federico Chunga Fiestas, The Experience of Multistakeholder Dialogue in the Process of Elaboration of the National Action Plan on Business and Human Rights in Peru
- Sophia Aspesi Areias, Striving for a Rapid Transition: How Companies are Approaching Integrating Respect for Human Rights in Their Climate Action
New Issue: International Journal of Human Rights
- Carlos Arturo Gutiérrez-Rodríguez, Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights
- Farah Mihlar, Contending with identity and minority rights in transitional justice: the case study of Sri Lanka
- Gillian Kane, Rachel Killean & Boravin Tann, Vernacularising human dignity in human rights education: a Cambodian case study
- Naziye Dirikgil & Charalampos Efstathopoulos, Good international citizenship and the protection of internally displaced persons: examining Kenya’s law and policy
- Jenny García Ruales, Forest moralities, kindred knowledge and Sacha Runakuna: Kawsak Sacha as law
- Sebghatullah Qazi Zada & Mohd Ziaolhaq Qazi Zada, The Taliban and women's human rights in Afghanistan: the way forward
- Shabnam Moinipour & Leila Alikarami, State obligation and landmines: human rights of the disabled in the Islamic Republic of Iran
- Hülya Kaya, The role of Turkish administrative courts in developing jurisprudence on refugee rights: review of the judgments of the administrative courts from 2014 to 2021
- Fakhrul Islam & Suzanna Fay, Intersectional challenges in post-trafficking reintegration of survivor women of trafficking
Mulgrew & Christensen: Research Handbook on the Punishment of Atrocity Crimes
This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, Róisín Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.
Taking a multidisciplinary approach, chapters analyse the work of international criminal courts and tribunals, as well as domestic criminal, military and traditional justice systems. Authors utilise a wide range of research methods and tools to bring the impact of different penalties, sentencing policies and sentence enforcement models to light. They also outline the implications of release and post-release strategies for a variety of stakeholders, such as accused persons, courts, states and wider society. Individually and collectively, these contributions add to a growing body of literature on how punishment can prevent and address atrocity crime, while also challenging contemporary assumptions about systems of punishment.
New Issue: Transnational Legal Theory
- Samantha Besson, What can public international law do against privatisation?
- Karin Buhmann & Leonard Feld, Shifting boundaries: a transnational legal perspective on the EU Corporate Sustainability Due Diligence Directive
- Eric Loefflad, Accumulation by reconciliation: the United States, South Africa, and peacemaking by vanquished settlers as liberal international order
- Saifuddin Patel, Hart’s fundamental rule of recognition and normativity of constitutional change in India
- Tamara Horbachevska, Josephine van Zeben & Nadia Bernaz, A capability approach to the sustainable development goals: towards positive corporate human rights obligations
New Issue: Global Constitutionalism
- Special Issue: Liberal Democratic Constitutionalism and the Invasion of Ukraine
- Gürkan Çapar, The paradox of global constitutionalism: Between sectoral integration and legitimacy
- Xymena Kurowska, Passionate humility for global constitutionalism in the aftermath of the Russo-Ukrainian war
- Filipe dos Reis & Janis Grzybowski, Moving ‘red lines’: The Russian–Ukrainian war and the pragmatic (mis-)use of international law
- Takao Suami, Dead or alive? Global constitutionalism and international law after the start of the war in Ukraine
- Sassan Gholiagha & Mitja Sienknecht, Between (ir)responsibility and (in)appropriateness: Conceptualizing norm-related state behaviour in the Russian war against Ukraine
- Beyond the Constitutional Trauma? Debating the Democratic Credentials of the Conference on the Future of Europe
- Ben Crum, Models of EU Constitutional Reform: What do we learn from the Conference on the Future of Europe?
- Markus Patberg, Farewell to constituent power? The Conference on the Future of Europe, citizens’ assemblies and the democratic minimum
- Sandra Seubert, The Conference on the Future of Europe as a chance for democratic catching up? Towards a citizen-centred perspective on constitutional renewal in the European Union
- Neil Walker, Europe’s constitutional retrofit
De Coninck: The EU’s Human Rights Responsibility Gap: Deconstructing Human Rights Impunity of International Organisations
Can the EU be held legally responsible for its contributions to human rights harms in its Integrated Border Management policy? Or do systemic legal design flaws in the EU's human rights responsibility regime give rise to a significant responsibility gap?
This book delves into these pressing questions, offering a transversal analysis of applicable legal frameworks under international and EU law. Divided into three parts, the book first analyses the international and EU human rights responsibility frameworks, revealing both 'normative incongruency' as well as 'liability incongruency'. Part two applies these frameworks to specific illustrations within the four tiers of the EU's Integrated Border Management, exposing the critical points where responsibility falters. Building on these findings and drawing from shared responsibility and relationality theories, part three briefly introduces 'Relational Human Rights Responsibility' as an alternative method to ascertaining human rights responsibility of the EU specifically, and international organisations more generally.
Tuesday, December 17, 2024
New Issue: Review of International Organizations
- Special Issue: Life Cycles of International Cooperation
- Julia Gray, The life cycle of international cooperation: Introduction to the special issue
- Yoram Z. Haftel & Bar Nadel, Economic crises and the survival of international organizations
- Mette Eilstrup-Sangiovanni & Daniel Verdier, To reform or to replace? Succession as a mechanism of institutional change in intergovernmental organisations
- Alexander Baturo & Julia Gray, Leaders in the United Nations General Assembly: Revitalization or politicization?
- Henning Schmidtke & Tobias Lenz, Expanding or defending legitimacy? Why international organizations intensify self-legitimation
- Averell Schmidt, Treaty withdrawal and the development of international law
- Inken von Borzyskowski & Felicity Vabulas, Public support for withdrawal from international organizations: Experimental evidence from the US
New Issue: European Journal of International Relations
- Darshan Vigneswaran, Nora Söderberg, Natalie Welfens, & Saskia Bonjour, Capitalizing on a crisis: the European Union Trust Fund for Africa
- Sylvain Maechler & Jean-Christophe Graz, Uncertainty in times of ecological crisis: a Knightian tale of how to face future states of the world
- Joscha Abels, Private infrastructure in geopolitical conflicts: the case of Starlink and the war in Ukraine
- Ilias Alami & Jack Taggart, A partial conversion: how the ‘unholy trinity’ of global economic governance adapts to state capitalism
- Ronen Palan, Voice, exit . . . arbitrage: the politics of the modern multinational firm
- Jeffrey Ding, Keep your enemies safer: technical cooperation and transferring nuclear safety and security technologies
- Reinout van der Veer & Gustav Meibauer, Technocracy, populism, and the (de)legitimation of international organizations
- Marianna Lovato, How informality keeps multilateralism going: the role of informal groupings in EU foreign policy negotiations
- Joanna Tidy, ‘100 large fruit trees cut down by ISAF’: land, infrastructure and military violence
- Nele Kortendiek, Beyond authority: governing migration and asylum through practice on the ground
New Issue: International Review of the Red Cross
- Interview with Nils Melzer: Director of the Department of Law, Policy and Humanitarian Diplomacy, International Committee of the Red Cross
- Marina Sharpe, It's all relative: The origins, legal character and normative content of the humanitarian principles
- Natalie Deffenbaugh, De-dehumanization: Practicing humanity
- Marc DuBois & Sean Healy, Imperfect relief: Challenges to the impartiality and identity of humanitarian action
- Pierrick Devidal, Lost in digital translation? The humanitarian principles in the digital age
- Yue Wang & Ting Fang, Translating impartiality into operations from a financial perspective: Uncertainties and solutions
- Anna Chernova, Queering the humanitarian principles of neutrality and impartiality: Implications for humanitarian action, IHL effectiveness and gender justice
- Nicole Hoagland & Magdalena Arias Cubas, Practice versus perception: A discussion of the humanitarian principle of independence in the context of migration
- Josephine Dresner & Riccardo Labianco, Humanitarian principles and humanitarian disarmament: An operator's perspective
- Marnie Lloydd, “Sticking together while standing one's own ground”: The meanings of solidarity in humanitarian action
- Cédric Cotter & Daniel Palmieri, “A season in hell”: The Rwandan genocide and the ICRC's Fundamental Principles
- Librarian's Pick: Charlotte Mohr on Immi Tallgren's Portraits of Women in International Law: New Names and Forgotten Faces?
- Beyond the Literature: Conversation with Joël Glasman on his Humanitarianism and the Quantification of Human Needs: Minimal Humanity
- Ahmed Al-Dawoody & Kelisiana Thynne, Of date palms and dialogue: Enhancing the protection of the natural environment under international humanitarian law and Islamic law
- Stavros-Evdokimos Pantazopoulos, Navigating legal frontiers: Climate change, environmental protection and armed conflict
- Sâ Benjamin Traoré & Ezéchiel Amani Cirimwami, Environmental obligations of business entities during armed conflicts
- Andrea Camacho Rincón & Germán Parra Gallego, Addressing environmental damages in contexts of armed conflict through transitional justice in Colombia
- Mais Qandeel, The protection of the natural environment in armed conflicts and agent-based modelling
- Ivon Mingashang & Christian Tshiamala Banungana, The international responsibility of a belligerent State in the event of transboundary environmental damage
New Issue: International Theory
- Katharine M. Millar, Limitations of hypocrisy as a strategy of critique in international politics
- Brieg Powel, The ‘Mesopotamian trap’: from the ‘first’ international to dynamic multiplicity
- Gabriel Mares, Recovering African contestation and innovation in global politics: Francis Deng and sovereignty-as-responsibility
- Sean W.D. Gray & Mark E. Warren, What kind of power can citizens exercise beyond the state? Globalizing democracy through representative claim-making
- Alex Prichard, Kenneth Waltz's Kantian moral philosophy: ‘the virtues of anarchy’ reconsidered
Call for Papers: Protection of Human Rights in the Context of Armed Conflict
Linderfalk & De Brabandere: International Law and the Significance of Disciplinary Boundaries: Special Regimes as Communities of Practice
Over the last thirty or so years, international law and legal practice have become increasingly more specialized and diversified. These developments come with an increasingly divergent legal practice, in what has been coined as 'special regimes'. This book proposes a new understanding of the concept of a special regime to explain why specialists in different fields of international law do similar things differently. It argues that special regimes are best conceived as communities of practice, in the sense of Etienne Wenger's theory of communities of practice. It explores how the theory of communities of practice translates to the context of international law and the concept of a special regime. The authors draw up an innovative methodology to investigate their theory, focused on the conduct of community members, and apply this method to selected case studies, offering an original approach to the understanding of the special regimes in international law.
New Issue: Ethics & International Affairs
- Roundtable: The Problem with International Order
- Ian Hurd, Introduction: The Problem with the Problem of Order
- Trine Flockhart, Order as Resilience-Governance of Sameness and Diversity
- Ian Hurd, World Order from Birmingham Jail
- Lina Benabdallah, The Liberal International Order as an Imposition: A Postcolonial Reading
- Jennifer Mitzen, The Politics of Pedagogy: The Problem of Order in the IR Classroom
- Owen R. Brown, The International Order of White Sovereignty and the Prospect of Abolition
- Ayşe Zarakol, Rethinking International Order
- Features
- Benoît Pelopidas & Neil C. Renic, The Tragedy Trap: On the Tragicized Politics of Nuclear Weapons and Armed Drones and the Making of Unaccountability
New Issue: International Organization
- Articles
- Soyoung Lee, Resources and Territorial Claims: Domestic Opposition to Resource-Rich Territory
- Sara M.T. Polo & Blair Welsh, Violent Competition and Terrorist Restraint
- Meicen Sun, Damocles's Switchboard: Information Externalities and the Autocratic Logic of Internet Control
- Janina Beiser-McGrath, Sam Erkiletian, & Nils W. Metternich, The Role of Pan-African Ideology in Ethnic Power Sharing
- Matt Malis, Foreign Policy Appointments
- Review Essay
- Haoming Xiong, David A. Peterson, & Bear F. Braumoeller, Reconceptualizing International Order: Contemporary Chinese Theories and Their Contributions to Global IR
- Research Notes
- David A. Steinberg & Daniel McDowell, Race, Representation, and the Legitimacy of International Organizations
- Chase Bloch & Roseanne W. McManus, Denying the Obvious: Why Do Nominally Covert Actions Avoid Escalation?
New Issue: Human Rights Law Review
- Articles
- Renana Keydar, Vera Shikhelman, Tomer Broude, & Jonathan Elkobi, The Discursive Evolution of Human Rights Law: Empirical Insights from a Computational Analysis of 180,000 UN Recommendations
- Lee Hansen & Renginee G Pillay, Filling the Accountability Gap: Misleading Conduct Law in Business and Human Rights
- Michelle Bruijn, X Factors and Tipping Points in Eviction Cases: A Statistical Analysis of Eviction Litigation of the European Court of Human Rights