- John Dugard (Leiden Univ. - Law & Member, International Law Commission) on South Africa
- Andreas L. Paulus (Univ. of Göttingen - Law) on Germany
- Gib van Ert (Hunter Litigation Chambers, Vancouver) on Canada
- Hanqin Xue (Ambassador of the People's Republic of China to the Netherlands & Member, International Law Commission) & Qian Jin (Division Chief, Treaty and Law Department, Ministry of Foreign Affairs, People's Republic of China) on China
Saturday, July 12, 2008
Friday, July 11, 2008
In the civil case brought by the Association ‘Mothers of Srebrenica’ and ten individual plaintiffs (the Association et al.) versus the State of the Netherlands and the United Nations (UN) the District Court in The Hague has declared it has no jurisdiction to hear the action brought by the plaintiffs against the UN.
The court passed this judgment today in the ancillary claim instituted by the State of the Netherlands to determine whether the court has jurisdiction. At issue in these incidental proceedings were not yet the actions by the plaintiffs in the principal case, but strictly the question whether a Dutch court is competent to hear this civil action insofar as it pertains to the United Nations.
Central to the issue of whether a Dutch court has jurisdiction in this case is the question whether this case offers grounds or reasons to make an exception to the immunity enjoyed by the UN under international law. This immunity is laid down in Article 105, subsection 1 of the UN Charter and detailed in article II, paragraph 2 of the Convention on the Privileges and Immunities of the United Nations (the Convention).If the UN enjoys immunity, it cannot be summoned to appear before a court of law, in this instance a Dutch court. The Dutch court then lacks jurisdiction and is incompetent.
In the incident as to competence the State argued that the UN enjoys immunity; the Association et al. challenged this, claiming that the action of the UN in Bosnia-Herzegovina falls outside the scope of the immunity. The UN’s immunity has boundaries which have been overstepped in this case.
In deciding the matter of whether or not the UN enjoys immunity in this case the court first considered how the immunity, enshrined in article 105, subsection 1 of the UN Charter and developed in article II, paragraph 2 of the Convention on the Privileges and Immunities of the United Nations is interpreted and applied to prevailing law in international practice. The court concludes that in international-law practice absolute immunity of the UN is the standard and is respected, and that the interpretation of article 105 of the UN Charter offers no basis for restriction of the immunity of the UN.
Subsequently, the court considered whether the absolute immunity of the UN under international law is in conflict with other standards of international law, such as the standards of the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Genocide Convention. This did not lead to an exception to this immunity.
The ancillary claim brought by the State that the court is incompetent in the case of the Association et al. versus the UN should therefore be allowed. The court declares it is incompetent to hear the action instituted against the UN.
The first big foreign policy debate of the presidential campaign has focused on Senator John McCain’s proposal for a League of Democracies. Proponents of this new grouping see it as a mechanism to legitimise the American use of force when the United Nations fails to authorise collective action, and as a vehicle to strengthen the forces of democracy in the face of rising authoritarian states, such as China and Russia. Critics see it as a dangerous idea – potentially subverting the UN and creating divisions among the great powers precisely when the US should be building closer ties.
As authors of the Princeton Project on National Security report that first proposed a “Concert of Democracies”, we believe that both sides of this debate have failed to see the true promise and role of greater co-operation among the world’s leading democracies. The pre-eminent need today is not an exclusive club of democracies, but renewal of the world’s global architecture – the UN, Bretton Woods and the Group of Eight leading nations. It is in the context of this larger agenda that a Concert of Democracies can be helpful.
Over the past half-century, two logics of global organisation have co-existed. One was the great power order symbolically centred in the UN Security Council and the other was the western democratic order that was centred in Washington but also present in London, Paris, Bonn, Tokyo, Brussels and elsewhere. It was the unusual capacities of liberal democracies to organise, produce and work together that ensured victory in the struggle of the 20th century between democracy and communism. In proposing a Concert of Democracies, we are urging the world’s democracies once again to work together – this time to renew and expand world governance capacities.
Although conventional wisdom sees the post-second-world-war democratic order primarily as a bulwark against communism, institutions such as the Organisation for Economic Co-operation and Development, the General Agreement on Tariffs and Trade (which evolved into the World Trade Organisation), the European Union and Nato in its later years succeeded best when they acted as vehicles to allow a group of countries to co-operate in the pursuit of common interests.
Those common interests today are quite different. They begin with widening the circles of global decision-making. A Concert of Democracies could bring India, South Africa, Brazil, Indonesia, Mexico, Chile, Argentina, Turkey and many others to the table well before they are likely to succeed in getting there in current institutions.
One of the arguments advanced against Senator McCain’s League is that it presumes a higher degree of harmony among the world’s democracies than is supported by the evidence. But the one thing these countries agree on is that they should have more of a say in global affairs. By making clear that liberal democracy is not confined to “the west”, a Concert would redraw the geopolitical map and open spaces to reform global institutions to reflect the world they purportedly represent.
One place to start is to call a new Bretton Woods conference to retrofit the International Monetary Fund and the World Bank to meet the economic challenges of the 21st century rather than those of the 1930s. There is an urgent need to make globalisation work for everyone. Globalisation makes nations richer in the aggregate and has helped hundreds of millions to rise out of poverty, but it is also widening inequality in ways that breed anger, resentment and despair. A Concert of Democracies reaching from Brasilia to Ankara to Seoul could lobby within the UN for such a conference and ensure that once convened it achieved its purpose.
Another immediate task for a Concert of Democracies would be to achieve the long-awaited expansion of the G8 to a G13 or a G16. Expansion to a G13 would add China, India, Brazil, South Africa and Mexico; expansion to a G16 would include Indonesia, Turkey and either Nigeria or Egypt. Almost all these countries are democracies, but a Concert of Democracies that included southern as well as northern democracies would insist on including China in any expansion of the G8. That fact highlights the contrast between our Concert and Senator McCain’s proposal of a League of Democracies, together with the expulsion of Russia from the G8. Democracies understand the need to have effective global institutions that include all important powers.
Some critics fear that a Concert of Democracies would amplify American power and the resistance to it around the world. In fact, it would be a more effective multilateral council to check rash, unilateral US initiatives. If the US had proposed invading Iraq within a Concert of Democracies, the opposition of friendly democracies around the world would have reinforced the opposition of the Security Council in ways that would have had greater resonance in American public opinion.
The next American president should not begin his term by pushing for a Concert of Democracies. He should, however, consult with democracies around the world to explore support for the idea in the context of pushing for reform of existing global institutions. If such support exists, and we suggest it does, America should be willing to join with other democracies in making those institutions reflect the global distribution of power among all countries in the 21st century.
Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labor, forced labor, inhuman treatment, invasions of privacy, refoulement , slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labor rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights.
There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since September 11, 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.
- Pascal Lamy, The WTO Doha Development Agenda: Working for a Fairer Global Trading System
- Susan Schwab, Doha: Our Generation’s Opportunity to Promote Economic Growth and Development
- Peter Mandelson, The Politics of the World Trade Organization in Its Second Decade
- Christine Lagarde, Managing the Future Challenges Facing the World Trade Organization: A European Perspective
- Peter Sutherland, Leadership and Vision: Some Lessons from the Uruguay Round
- Ernesto Zedillo, The World Trade Organization’s Biggest Problem at Ten: Surviving the Doha Round
- Clayton Yeutter, The Doha Round: Salvageable? Or a Lost Cause?
- Jagdish Bhagwat, The Uruguay Round: Its Lessons for Doha
- Albert Fishlow, The Doha Round: Has It Now Expired?
- Arvind Panagariya, Why the Prospects for a Doha Deal Are Not Bleak
- Opening Dinner Roundtable. A World Leaders Forum Event – The Uruguay Round and the Doha Development; Agenda: What Have We Achieved? – Lee C. Bollinger, Merit E. Janow, Carla Hills, Clayton Yeutter, Peter Sutherland, Jagdish Bhagwati
- Mari Elka Pangestu, The World Trade Organization and Developing Countries: An Indonesian Perspective
- Ngozi Okonjo-Iweala, How Can the World Trade Organization and the Multilateral Trading System Support the Development Goals of Low income Countries?
- Joseph Stiglitz & Andrew Charlton, A Progressive Tariff Reduction Scheme
- Patrick Low, Developing Countries and the World Trade Organization: What Are the Issues?
- Sun Zhenyu, Decision-making in the World Trade Organization
- Stuart Harbinson, Great Expectations, Hard Times: Dickensian Decision-making at the World Trade Organization?
- Panel Discussion. Decision-making at the World Trade Organization: An Analysis of a Member-driven Organization – Merit E. Janow, Stuart Harbinson, Hyun-Chong Kim, Amina Mohamed, Mary Robinson, Sun Zhenyu
- Paul Blustein, Dangers to the Trading System: The Real, The Hyped, and The Possibly Serendipitous
- Seiichi Kondo, WTO Negotiations Under the Impact of Globalization: The Opportunity and Challenge of Multilateralism inthe Twenty-first Century
- Panel Discussion. Reflections on the World Trade Organization in the Context of Economic Globalization – Grant Aldonas, Martin Wolf, Seiichi Kondo, Paul Blustein, Keith Rockwell, John Jackson
- Julio Lacarte Muró, The First Years of the Appellate Body and the WTO Dispute Settlement System: A Historical Perspective
- Frieder Roessler, The Scope of WTO Law Enforced Through WTO Dispute Settlement Procedure
- Petros Mavroidis, Legal Eagles? The WTO Appellate Body’s First Ten Years
- Werner Zdouc, Features of the Appellate Body That Have Defined Its Performance
- Panel Discussion. Examining the Dispute Settlement System: How Has It Performed? – Yasuhei Taniguchi, John Jackson, Julio Lacarte Muró, Petros Mavroidis, George Bermann, Frieder Roessler, Werner Zdouc
- William Davey, Expediting the Panel Process in WTO Dispute Settlement
- Valerie Hughes, The Strengths, Weaknesses, and Future of WTO Appellate Review
- Mitsuo Matsushita, A Review of Major WTO Jurisprudence
- Andrew Stoler, Enhancing the Operation of the WTO Panel Process and Appellate Review: Lessons from Experience and a Focus on Transparency
- David Unterhalter, The Burden of Proof in WTO Dispute Settlement
- Yasuhei Taniguchi, Understanding the Concept of Prima Facie Proof in WTO Dispute Settlement
- Panel Discussion. Lessons from Experience: Operation of the Panel Process and Appellate Review – Luiz O. Baptista, William Davey, Valerie Hughes, Mitsuo Matsushita, Andrew Stoler, John Weekes
- Giorgio Sacerdoti, WTO Law and the "Fragmentation" of International Law: Specificity, Integration, Conflicts
- José Alvarez, The Factors Driving and Constraining the Incorporation of International Law in WTO Adjudication
- Robert Howse, The Use and Abuse of International Law in WTO Trade/Environment Litigation
- Patricia Wald, An Outsider’s Look at the WTO Appellate Body
- Pieter-Jan Kuijper, Does the World Trade Organization Prohibit Retorsions and Reprisals? Legitimate “Contracting Out” or “Clinical Isolation” Again?
- Panel Discussion. WTO Case Law in an International Law Context – Georges Abi-Saab, José Alvarez, Florentino Feliciano, Martti Koskenniemi, Pieter-Jan Kuijper, Patricia Wald
- Kyle Bagwell, Remedies in the World Trade Organization: An Economic Perspective
- Gary Horlick & Judith Coleman, A Comment on Compliance with WTO Dispute Settlement Decisions
- Bruce Wilson, Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings
- Alan Wolff, Remedy in WTO Dispute Settlement
- Panel Discussion. Considering Remedies – Kyle Bagwell, Gary Horlick, Robert Lawrence, Bruce Wilson, Alan Wolff
- David Palmeter, The WTO Dispute Settlement System in the Next Ten Years
- Steve Charnovitz, Mapping the Law of WTO Accession
- Panel Discussion. The Dispute Settlement System in the Next Ten Years – Julio Lacarte Muró, Jane Bradley, Steve Charnovitz, Robert Howse, David Palmeter
- Sharyn O’Halloran, US Implementation of WTO Decisions
- Ernst-Ulrich Petersmann, Multi-level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System
- Robin Hansen & Donald McRae, Reconciling the International and the Domestic: The Reasonable Period of Time under Article 21.3 of the DSU
- Panel Discussion. Implementation of WTO Rulings: The Role of Courts and Legislatures in the United States and Other Jurisdictions – Giorgio Sacerdoti, Thomas Aquilino, Jr, George Bermann, Donald McRae, Sharyn O’Halloran, Ernst-Ulrich Jetersmann
Thursday, July 10, 2008
- Protocol Amending the Convention Between the United States of America and Canada with Respect to Taxes on Income and on Capital (Treaty Doc. 110-15);
- Convention Between the Government of the United States of America and the Government of Iceland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and accompanying Protocol (Treaty Doc. 110-17);
- Convention Between the Government of the United States of America and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, with accompanying Protocol (Treaty Doc. 110-18);
- International Convention on the Control of Harmful Anti-Fouling Systems on Ships (Treaty Doc. 110-13);
- 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (Treaty Doc. 110-5);
- Protocol Concerning Pollution from Land-Based Sources and Activities to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, with Annexes (Treaty Doc. 110-1);
- Amendments to the Constitution and Convention of the International Telecommunications Union, as contained in the Final Acts of the Plenipotentiary Conference (Antalya, 2006) (Treaty Doc. 110-16);
- Amendments to the Constitution and Convention of the International Telecommunications Union, as contained in the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002) (Treaty Doc. 109-11);
- 1995 Revision of the Radio Regulations, with appendices, as contained in the Final Acts of the World Radiocommunication Conference (WRC-95) (Treaty Doc. 108-28);
- Amendments to the Constitution and Convention of the International Telecommunications Union, as contained in the Final Acts of the Plenipotentiary Conference (Minneapolis, 1998) (Treaty Doc. 108-5); and
- 1992 Partial Revision of the Radio Regulations, with appendices, together with declarations and reservations of the United States as contained in the Final Acts of the World Administrative Radio Conference (WARC-92) (Treaty Doc. 107-17).
Witnesses included: Michael Mundaca (Deputy Assistant Secretary (International), Office of Tax Policy, Department of the Treasury); Emily S. McMahon (Deputy Chief of Staff, Joint Committee on Taxation, U.S. Congress); David A. Balton (Deputy Assistant Secretary for Oceans and Fisheries, Bureau of Oceans and International Environmental and Scientific Affairs, Department of State); and Richard C. Beaird (Senior Deputy U.S. Coordinator for International Communications and Information Policy, Bureau for Economic, Energy, and Business Affairs, Department of State). Links are to the witnesses' written statements.
- Eyal Benvenisti, Reclaiming Democracy: The Strategic Uses of Foreign and International Law by National Courts
- Ian Johnstone, Legislation and Adjudication in the UN Security Council: Bringing Down the Democracy Deficit
- William E. Butler, Current Development: Treaty Capacity and the Russian State Corporation
- Yu Jianlong, Arbitrators: Private Judges, Service Providers, or Both? CIETAC’s Perspective
- Martin Wallin & Katarina Mild, The Swedish Rules Limiting the Right to Appeal Against a Court Judgment in a Challenge or Avoidance Action - a Comparative Study
In today's decision (summary here; press release here; judgment not yet available online), the Trial Chamber acquitted Boškoski of all charages but convicted Tarčulovski on all three counts. Tarčulovski was sentenced to twelve years imprisonment. With respect to Boškoski, the Trial Chamber found that while there was "a serious failure of the functioning of the police and the responsible Macedonian authorities at that time, it has not been established that Ljube Boškoski failed to take the necessary and reasonable measures for the punishment of the police." Tarčulovski was found to have committed the crimes alleged in the indictment, except for the allegation of participating in a joint criminal enterprise. In addition, the Trial Chamber noted, "Tarčulovski was himself acting under orders in carrying out the police operation in Ljuboten. The evidence does not enable the person or persons responsible for the orders to Johan Tarčulovski to be identified. The circumstances confirm it was a person or persons superior to him."
UPDATE: The judgment is now available here.
- Antonio Augusto Cançado Trindade, Le déracinement et la protection des migrants dans le droit international des droits de l'homme
- Marc Bossuyt, Témoignage d'une présence belge au sein des organes des Nations Unies en matière de droits de l'homme
- Roger Errera, La directive européenne du 29 avril 2004 sur le statut de réfugié, la protection internationale et les garanties contenues dans la Convention européenne des droits de l'homme
- Edouard Dubout, Interprétation téléologique et politique jurisprudentielle de la Cour européenne des droits de l'homme
- Abderrachid Abdessemed, Le principe du double degré de juridiction et les juridictions pénales internationales
- Gaël Abline, Les observations générales, une technique d'élargissement des droits de l'homme
- Svetlana Zasova, La lutte contre le terrorisme à l'épreuve de la jurisprudence du Tribunal de première instance des Communautés européennes
Wednesday, July 9, 2008
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea aims to create a modern and uniform law concerning the international carriage of goods which include an international sea leg, but which is not limited to port-to-port carriage of goods. In addition to providing for modern door-to-door container transport, there are many innovative features contained in the draft Convention, including provisions allowing for electronic transport records, and other more technical features to fill the perceived gaps in existing transport regimes. Extensive negotiation by the Member States and observers of the Commission has resulted in overwhelming support for a significant increase to the limits on carrier liability for cargo loss or damage that apply in most countries. This is expected to be of substantial benefit for shippers, particularly those in developing and least-developed countries, which are consumers of transportation services. It is expected that harmonization and modernization of the legal regime in this area, which in many countries dates back to the 1920s or earlier, will lead to an overall reduction in transaction costs, increased predictability when problems are encountered, and greater commercial confidence when doing business internationally.
La mondialisation a progressivement vidé la souveraineté de sa substance, plongeant l’État dans une profonde crise d’identité. Parallèlement, on assiste à la montée en puissance de concurrents de l’État, revendiquant, au nom de la gouvernance, la levée de sa mainmise sur un droit international public dont les paradigmes sont en pleine évolution. D’un droit jadis centré sur l’État, il se transforme progressivement en un « droit commun » de la mondialisation. Première organisation internationale à vocation universelle créée après la fin de la Guerre froide, l’Organisation mondiale du commerce (OMC) vient bousculer la configuration de la matrice institutionnelle internationale, articulée autour de l’Organisation des Nations Unies (ONU). Dotée d’un mécanisme de règlement des différends inédit, elle est susceptible d’infléchir considérablement le développement de l’ensemble des branches du droit international public. Contribue-t-elle à l’accélération de ses fragmentations matérielles et institutionnelles, ou est-elle au contraire le vecteur d’une plus grande cohérence? Imposera-t-elle la logique marchande comme seule référence de la gouvernance mondiale, ou se plie-t-elle aux préceptes du développement humain durable? Les grilles de lecture convenues ne permettent plus de saisir l’évolution d’un droit international qui oscille entre des pôles contradictoires. La compréhension des changements induits par la mondialisation exige une approche holistique du droit et de la gouvernance. Dans un tel contexte, l’OMC se présente comme un point de repère idéal.
- R.P. Anand, Development of International Law and South Asia: An Historical Approach
- David M. Malone, An Evolving UN Security Council
- D.S. Sengar, Environmental Liability Regime for Hazardous Industries in India
- Edward C. Luck, Der verantwortliche Souverän und die Schutzverantwortung. Auf dem Weg von einem Konzept zur Norm
- Sven Bernhard Gareis, Taiwans UN-Mitgliedschaft: richtiges Ziel, falscher Weg
- Chia Lehnardt, Privatisierter Frieden? Die Rolle privater Militärfirmen in UN-Friedensmissionen
- Jelka Mayr-Singer, Hybridgerichte – eine neue Generation internationaler Strafgerichte (I). Der Sondergerichtshof für Sierra Leone
- Christina Apel & Jan Martin Munz, Jugend in den Vereinten Nationen. Ein Praxisbericht
- Heribert Dieter & Rajiv Kumar, The Downside of Celebrity Diplomacy: The Neglected Complexity of Development
- Andrew F. Cooper, Beyond One Image Fits All: Bono and the Complexity of Celebrity Diplomacy
- Robert Lloyd, Promoting Global Accountability: The Experiences of the Global Accountability Project
- John Hoddinott, Marc J. Cohen, & Christopher B. Barrett, Renegotiating the Food Aid Convention: Background, Context, and Issues
- Tim Di Muzio, Governing Global Slums: The Biopolitics of Target 11
- Kathleem M. Jennings, Unclear Ends, Unclear Means: Reintegration in Postwar Societies—The Case of Liberia
- Jane Krishnadas, Rights to Govern Lives in Postdisaster Reconstruction Processes
- Michael Wesley, The State of the Art on the Art of State Building
Tuesday, July 8, 2008
The President's message notes:
Further background is available here.
The centerpiece of the Treaty is the establishment of a multilateral system under which a party provides access to other parties, upon request, to listed plant genetic resources held in national genebanks. These resources are to be used solely for purposes of research, breeding, and training in agriculture. A recipient of such a resource must then share the benefits from its use, e.g., a recipient who commercializes a product containing an accessed plant genetic resource must generally pay a percentage of any gross sales into a trust account. Transfers under the multilateral system are to be accompanied by a standard material transfer agreement, the current version of which was concluded in June 2006. Provision of plant genetic resources from U.S. genebanks is fully consistent with the Department of Agriculture's long-standing general practice of providing access to such plant genetic resources upon request. Ratification of the Treaty will provide U.S. agricultural interests with similar access to other parties' genebanks, thus helping U.S. farmers and researchers sustain and improve their crops and promote food security. The Treaty may be implemented under existing U.S. authorities.
- Eyal Benvenisti, Asian Traditions and Contemporary International Law on the Management of Natural Resources
- August Reinisch, The Immunity of International Organizations and the Jurisdiction of their Administrative Tribunals
- Qi Dahai, State Immunity, China and Its Shifting Position
- Sun Zhichao, International Legal Personality of the Hong Kong Special Administrative Region
- Joshua Karton, Lost in Translation: International Criminal Tribunals and the Legal Implications of Interpreted Testimony
- Christian Eric Ford & Ben A. Oppenheim, Neotrusteeship or Mistrusteeship? The "Authority Creep" Dilemma in United Nations Transitional Administration
- Laurel S. Terry, The Bologna Process and Its Impact in Europe: It's So Much More than Degree Changes
Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization, Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Monday, July 7, 2008
Also noteworthy is the Tribunal's Annual Report (SPLOS/174) and President Wolfrum's statement presenting it. Coverage of the meeting can be found here, here, here, here, and here.
- John H. Jackson, Sovereignty: Outdated Concept or New Approaches
- Ernst-Ulrich Petersmann, State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?
- Robert Howse, Sovereignty, Lost and Found
- Vaughan Lowe, Sovereignty and International Economic Law
- An Chen, Trade as the Guarantor of Peace, Liberty and Security?
- Philip M. Nichols, Sovereignty and Reform of the World Trade Organisation
- Asif Qureshi, Sovereignty Issues in the WTO Dispute Settlement—A ‘Development Sovereignty’ Perspective
- Mads Andenas & Stefan Zleptnig, The Rule of Law and Proportionality in WTO Law
- M. Sornarajah, The Neo-Liberal Agenda in Investment Arbitration: Its Rise, Retreat and Impact on State Sovereignty
- Joachim Karl, International Investment Arbitration: A Threat to State Sovereignty?
- Wenhua Shan, Calvo Doctrine, State Sovereignty and The Changing Landscape of International Investment Law
- Charles Chatterjee & Anna Lefcovitch, Banking, Economic Development and the Law
- Dalvinder Singh, The Role of the IMF and World Bank in Financial Sector Reform and Compliance
- Jorge Guira, International Financial Law and the New Sovereignty: Legal Arbitrage as an Emerging Dimension of Global Governance
- Andrew T.F. Lang, Re-Righting International Trade: Some Critical Thoughts on the Contemporary Trade and Human Rights Literature
- Penelope Simons, Binding the Hand that Feeds Them: The Agreement on Agriculture, Transnational Corporations and the Right to Adequate Food in Developing Countries
- David Schneiderman, Realising Rights in an Era of Economic Globalisation: Discourse Theory, Investor Rights, and Broad-Based Black Economic Empowerment
These are the 2007 Fordham Papers, the first annual volume of papers on international arbitration and mediation written by leading figures in these fields who spoke at the 2007 annual conference on international arbitration and mediation held at the Fordham Law School in New York City. The five chapters of 23 papers address current issues of international arbitration, including investor-state arbitration, the conduct of international arbitration and jurisdictional issues, remedies and defenses, recent developments in arbitrator disclosure law and practice, and international mediation, including ethics, training, process, and growth of mediation. The papers focus on both practical considerations and scholarly analyses. Contributors include: Antonio Parra, Lucy Reed, Daina Bray, Brigitte Stern, Barton Legum, Charles Brower, Michael Ottolenghi, Yves Derains, Judith Gill, John Barcelo, Yuval Shany, Jonas Benedictsson, Julian Lew, Sigvard Jarvin, Richard Mosk, Robert Davidson, James Carter, Lorraine Brennan, Michael Hwang, Katie Chung, Fong Lee Cheng, Kathleen Scanlon, Fern Smith, Jon Lang, Eileen Carroll, Norris Yang, and Mercedes Tarrazon.
- Gráinne de Búrca, Developing Democracy Beyond the State
- William W. Burke-White, The Domestic Influence of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia-Herzegovina
- Thomas M. Antkowiak, Remedial Approaches to Human Rights Violations: The Inter-American Court of Human Rights and Beyond
- Pierre Heitzmann, Confidentiality and Privileges in Cross-Border Legal Practice: The Need for a Global Standard?
- Daniel Wehrli, Contingency Fees / Pactum De Palmario 'Civil Law Approach'
- François Dessemontet, Projet de Disposition sur les règles applicables à la Déontologie dans les arbitrages internationaux et Projet de Code de conduite
- Matti S. Kurkela, Criminal laws in International Arbitration – the May, the Must, the Should and the Should Not