Friday, July 31, 2009

Symposium: WTO Litigation: Issues and Reforms

The Sydney Centre for International Law will host a symposium on "WTO Litigation: Issues and Reforms," August 14, 2009. The program is available here. Here's the idea:

Litigation in the World Trade Organisation (WTO) affects issues of paramount importance to Australia, and its trade relations.

To further scholarship and understanding in relation to this emerging system of law, this symposium will consider various issues arising in WTO dispute settlement including treaty interpretation; burden of proof; standard of review; retaliation procedures; and the WTO negotiations reviewing the WTO Understanding on Dispute Settlement.

Conference: Changing Futures? Science and International Law

The American Society of International Law and the European Society of International Law will co-host a conference on "Changing Futures? Science and International Law," October 2-3, 2009, in Helsinki. (I posted the call for papers previously.) The program is now available here; panel details are here.

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 22, no. 3, September 2009) is out. Contents include:
  • Robert Knox, Marxism, International Law, and Political Strategy
  • Sonja Buckel & Andreas Fischer-Lescano, Gramsci Reconsidered: Hegemony in Global Law
  • Hague International Tribunals: International Court of Justice
    • Gionata Piero Buzzini, Lights and Shadows of Immunities and Inviolability of State Officials in International Law: Some Comments on the Djibouti v. France Case
  • Hague International Tribunals: The International Criminal Court and Tribunals
    • Håkan Friman, The International Criminal Court and Participation of Victims: A Third Party to the Proceedings?
    • Wayne Jordash, The Practice of ‘Witness Proofing’ in International Criminal Tribunals: Why the International Criminal Court Should Prohibit the Practice
    • Stefan Kirsch, Two Kinds of Wrong: On the Context Element of Crimes against Humanity
    • Leila Sadat, Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity
  • Current Legal Developments
    • Ilias Bantekas, The Authority of States to Use Names in International Law and the Macedonian Affair: Unilateral Entitlements, Historic Title, and Trademark Analogies
    • Hemme Battjes, In Search of a Fair Balance: The Absolute Character of the Prohibition of Refoulement under Article 3 ECHR Reassessed

Thursday, July 30, 2009

New Issue: Mealey's International Arbitration Report

The latest issue of Mealey's International Arbitration Report (Vol. 24, no. 7, July 2009) is out.

New Issue: Revue de l'Arbitrage

The latest issue of the Revue de l'Arbitrage (2009, no. 1) is out. Contents include:
  • David Chilstein, Arbitrage et droit pénal
  • Khalid Zaher, Le nouveau droit marocain de l'arbitrage interne et international

Lecture: Taniguchi

Yasuhei Taniguchi (formerly, WTO Appellate Body) will deliver a lecture today at the Sydney Law School on "Does the WTO really settle international trade disputes? Reflections of a WTO Judge, international arbitrator & civil procedure professor."

Wednesday, July 29, 2009

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 7, no. 3, July 2009) is out. Contents include:
  • Tzvetan Todorov, Memory as Remedy for Evil
  • Janine Natalya Clark, The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina
  • Sandesh Sivakumaran, Courts of Armed Opposition Groups: Fair Trials or Summary Justice?
  • Symposium: Self-defence: Looking at International Law through the Prism of Domestic Criminal Law
    • Salvatore Zappalà, Foreword
    • Yoram Dinstein, The Hazards of Interdisciplinary Pollination: Some Critical Comments on Defending Humanity
    • Richard V. Meyer, A Plea for Defending Humanity
    • Harmen G. van der Wilt, Can Romantics and Liberals be Reconciled?: Some Further Reflections on Defending Humanity
    • Yuval Shany, The Analogy's Limit: Defending the Rights of Peoples
    • Richard V. Meyer & Mark David ‘Max’ Maxwell, The Natural Right to Intervene: The Evolution of the Concepts of Justification and Excuse for Both State and Individual
  • National Prosecution of International Crimes: Cases and Legislation
    • Nehal C. Bhuta & Volker Nerlich, Foreword
    • Alfredo Strippoli, National Courts and Genocide: The Kravica Case at the Court of Bosnia and Herzegovina
    • Annalisa Ciampi, The Italian Court of Cassation Asserts Civil Jurisdiction over Germany in a Criminal Case Relating to the Second World War: The Civitella Case
    • Sharon Weill, The Targeted Killing of Salah Shehadeh: From Gaza to Madrid
    • Hugh King, Unravelling the Extraterritorial Riddle: An Analysis of R (Hassan) v. Secretary of State for Defence
  • Anthology
    • Antonio Cassese & Gabriel Bach, Eichmann: Is Evil So Banal?

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 10, no. 3, June 2009) is out. Contents include:
  • Florian Haugeneder, Corruption in Investor-State Arbitration
  • Rahim Moloo & Alex Khachaturian, Foreign Investment in a Post-Conflict Environment
  • An Chen & Dong Chen, What Should Be China's Strategic Position in the Establishment of New International Economic Order? With Comments on Neo-Liberalistic Economic Order, Constitutional Order of the WTO and Economic Nationalism's Disturbance of-Globalization
  • Hakim Ben Hammouda, Stephen N. Karingi, Angelica E. Njuguna & Mustapha Sadni Jallab, Determinants of Diversification in Africa A Continental Analysis
  • William Lawton Kirtley, The Transfer of Treaty Claims and Treaty-Shopping in Investor-State Disputes
  • Badar Alam lqbal & Farha Naz Ghauri, Impact of Global Financial Crisis on FDI Inflows
  • Georgios I. Zekos, Precedent and Stare Decisis by Arbitrations and Courts in Globalization

Tuesday, July 28, 2009

Buxbaum: Territory, Territoriality, and the Resolution of Jurisdictional Conflict

Hannah L. Buxbaum (Indiana Univ. - Law) has published Territory, Territoriality, and the Resolution of Jurisdictional Conflict (American Journal of Comparative Law, Vol. 57, no. 3, Summer 2009). Here's the abstract:
Ever-increasing gaps and overlaps in the national regulation of cross-border events challenge territorial sovereignty as the conceptual basis for rules on legislative jurisdiction. At the same time, the work of scholars in a range of disciplines, including international relations and critical geography, has complicated our understanding of the relationship between territory and power in the age of globalization. As a result, emerging models of jurisdictional theory are moving away from territory, and territorially based concepts of regulatory power, as the basis for defining legislative authority. What risks being overlooked in this shift is the critical step between re-thinking the construction of territory and rejecting the salience of territoriality to jurisdictional frameworks. While territorial contacts may function as simple factual inputs in jurisdictional analysis, "territoriality" and "extraterritoriality" are legal constructs—claims made by particular actors, and assessed by particular institutions, within particular legal systems. The meaning of such claims is therefore dependent upon the local practices and understandings of specific regimes. This Article uses a case study of the role of territory in U.S. and German competition law to uncover differences in those systems that affect their respective constructions of territoriality. It argues that local legal and institutional frameworks remain relevant in the transition from traditional conflicts models to newer regulatory strategies, and that the process of integrating critical reconceptualizations of territory into jurisdictional theories must account for differences in those frameworks across regimes.

Call for Papers: Research Conference on ICC and Complementarity: From Theory to Practice

The Grotius Centre for International Legal Studies (Leiden University, Campus The Hague) has issued a call for papers for a research conference on "The ICC and Complementarity: From Theory to Practice," to take place September 15-16, 2009. (The conference's tentative program is here; a list of speakers who have already committed to giving papers is here.) Here's the call:

Conference Invitation

The Grotius Centre and Campus The Hague are delighted to invite you to our Research Conference on the "ICC and Complementarity: From Theory to Practice" which will take place on September 15th and 16th 2009 at the Peace Palace and Campus Den Haag. Part of the presentations will be selected by a Call for Papers to which you are cordially invited to contribute.

Complementarity is one of the cornerstones of the architecture of the Rome Statute. The purpose of this conference is to provide fresh analysis of core aspects of the context, interpretation and treatment of complementarity and its application in specific situations.

The conference seeks to bring in insights and perspectives from political and social scientists as well as legal scholars. It will be interest to scholars, decisions-makers, policy advisors, NGO’s and practitioners who wish to explore how complementarity shapes various aspects of international practice, ranging from prosecutorial strategy and criminal policy to statutory interpretation, implementation and compliance.

Call for papers

The morning panel of the Conference on September 16 will be open to presentation by researchers and scholars, which will be determined by a Call for Papers. The Grotius Centre seeks submissions on the theme of the Conference/research project.

Scholars from all disciplines are invited to submit a proposal (1 page abstract and CV). A proposal should ideally focus on an article/paper project which makes a novel contribution to research in the field. All submissions will be reviewed by a panel. Up to four proposals can be selected for presentation.

If you would like to participate in this Call for Papers, please send your proposal by August 21 to

Presented papers will be considered for publication in a Journal or volume.

New Issue: Chicago Journal of International Law

The latest issue of the Chicago Journal of International Law (Vol. 10, no. 1, Summer 2009) is out. Contents include:
  • Symposium: Great Power Politics
    • Christopher J. Borgen, The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia
    • Robert J. Delahunty & John Yoo, Great Power Security
    • Kenneth Anderson, United Nations Collective Security and the United States Security Guarantee in an Age of Rising Multipolarity: The Security Council as the Talking Shop of the Nations
    • Paul B. Stephan, Symmetry and Selectivity: What Happens in International Law When the World Changes
    • Daniel Abebe, Great Power Politics and the Structure of Foreign Relations Law
  • Symposium: Anti-Competitive Behavior and International Law
    • Daniel A. Crane, Substance, Procedure, and Institutions in the International Harmonization of Competition Policy
    • David S. Evans, Why Different Jurisdictions Do Not (and Should Not) Adopt the Same Antitrust Rules
    • Damien Geradin, The Perils of Antitrust Proliferation: The Globalization of Antitrust and the Risks of Overregulation of Competitive Behavior
    • Randal D. Heeb, William E. Kovacic, Robert C. Marshall, & Leslie M. Marx, Cartels as Two-Stage Mechanisms: Implications for the Analysis of Dominant-Firm Conduct
    • Cesare P.R. Romano, Can You Hear Me Now? The Case for Extending the International Judicial Network
    • Shimon Shetreet, The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges
    • Carl Baudenbacher, If Not EEA State Liability, Then What? Reflections Ten Years after the EFTA Court's Sveinbjörnsdóttir Ruling

Monday, July 27, 2009

New Issue: Journal of International Maritime Law

The latest issue of the Journal of International Maritime Law (Vol. 15, no. 2, 2009) is out. Contents include:
  • M.N. Tsimplis, Liability in respect of passenger claims and its limitation
  • Duygu Damar, Compulsory insurance in international maritime conventions
  • Iliana Chritodoulou-Varotsi, Demystifying air pollution from ships via trading schemes: how far can we go?