- Global Insights
- Roland Rich, Situating the UN Democracy Fund
- Abiodun Williams, Strategic Planning in the Executive Office of the UN Secretary-General
- Andrea Birdsall, The "Monster That We Need to Slay?" Global Governance, the United States, and the International Criminal Court
- David A. Lake, Making America Safe for the World: Multilateralism and the Rehabilitation of US Authority
- Lisa Morjé Howard, Sources of Change in United States-United Nations Relations
- Kent J. Kille & Ryan C. Hendrickson, Secretary-General Leadership Across the United Nations and NATO: Kofi Annan, Javier Solana, and Operation Allied Force
- Herbert Wulf & Tobias Debiel, Systemic Disconnects: Why Regional Organizations Fail to Use Early Warning and Response Mechanisms
- Review Essay
- Devin Finn, International Authority, Deliberative Legitimacy, and the Responsibility of States
Saturday, September 25, 2010
Friday, September 24, 2010
- Wouter G. Werner, The changing face of enmity: Carl Schmitt’s international theory and the evolution of the legal concept of war
- Hans Agné, Why democracy must be global: self-founding and democratic intervention
- Casper Sylvest, Realism and international law: the challenge of John H. Herz
- Symposium on A Cultural Theory Of International Relations
- David A. Welch, A Cultural Theory meets cultures of theory
- Nicholas Rengger, Remember the Aeneid? Why international theory should beware Greek gifts
- Jacques E.C. Hymans, The arrival of psychological constructivism
- William C. Wohlforth, A matter of honor
- James D. Morrow, Eight questions for A Cultural Theory of International Relations
- James Der Derian, Reading Lebow: a funny thing happened on the way to the oracles
- Richard Ned Lebow, Motives, evidence, identity: engaging my critics
The Conference will bring together from around the world academics, writers, journalists, legislators, diplomats, activists and others who are active in the field of international human rights and who devote their lives to building, supporting and studying diverse societies.
The conference seeks to challenge the mainstream narrative of the universality of human rights. Panellists will address how diverse societies around the world conceptualize human rights and deal with the implementation of human rights policies and norms. The conference also aspires to identify alternative frameworks that can facilitate the conceptualization of and help find solutions to global human rights issues.
Some of the core themes of the conference include the power of education to spur and combat hatred; the role of the media in shaping public opinion and public policy on human rights and diversity issues; religious diversity; the manner in which real and perceived security threats have changed the global mindset; the role of human rights institutions.
- Alain Pellet, The Palestinian Declaration and the Jurisdiction of the International Criminal Court
- Current Events
- Guido Acquaviva, The Perils of Teaching and Practising International Law
- Sandesh Sivakumaran, War Crimes before the Special Court for Sierra Leone: Child Soldiers, Hostages, Peacekeepers and Collective Punishments
- Wui Ling Cheah, Post-World War II British ‘Hell-ship’ Trials in Singapore: Omissions and the Attribution of Responsibility
- Guénaël Mettraux, A Little-known Case from the American Civil War: The War Crimes Trial of Major General John H. Gee
- Symposium: B.V.A. Röling (1906-1985)
- Nico Schrijver, B.V.A. Röling — A Pioneer in the Pursuit of Justice and Peace in an Expanded World
- Constantijn Kelk, Bert Röling as a Criminal Law Scholar
- Robert Cryer, Röling in Tokyo: A Dignified Dissenter
- Harmen van der Wilt, A Valiant Champion of Equity and Humaneness: The Legacy of Bert Röling for International Criminal Law
- Antonio Cassese, B.V.A. Röling — A Personal Recollection and Appraisal
- National Prosecution of International Crimes: Cases and Legislation
- Ben Batros and Philippa Webb, Accountability for Torture Abroad and the Limits of the Act of State Doctrine: Comments on Habib v. Commonwealth of Australia
The symposium will explore the interactions between diplomatic and judicial means of dispute settlement during the three stages of a judicial settlement, namely the initiation of the procedure, the procedure itself as well as the implementation of an award or a judgment. The speakers - international judges, arbitrators, practitioners and academics - will share their views and experience on several aspects of the interaction between diplomatic and judicial dispute settlement, paying particular attention to recent developments in different areas of international law.
Thursday, September 23, 2010
A flurry of recent activity and scholarship has involved disputes over the geographic reach of domestic law. Do U.S. laws stop at the border? If not, when do they – or when should they – govern the conduct of people abroad? From the controversial extraterritorial application of U.S. commercial and environmental laws, to the contentious uses of universal jurisdiction in the human rights context, to debates over the extent to which the U.S. Constitution applies outside U.S. territory – extraterritorial transnational litigation has gripped the headlines and remains at the center of heated controversies.
This topic is a timely one. A number of scholars have recently written influential law review articles and books on these topics, and the U.S. Supreme Court decided a landmark case last term. For the near future, the topic of territoriality and extraterritoriality promises to be a focal point of discussion and debate for constitutional, transnational, and international law scholars. Beyond Borders – Extraterritoriality in American Law brings together leading scholars to discuss the history, doctrine, and current issues related to this widely discussed matter from a variety of points of view.
- Interview with Dennis Rodgers
- Marion Harroff-Tavel, Violence and humanitarian action in urban areas: new challenges, new approaches
- Raimond Duijsens, Humanitarian challenges of urbanization
- Jennifer M. Hazen, Understanding gangs as armed groups
- Oliver Bangerter, Territorial gangs and their consequences for humanitarian players
- Pierre Hauck & Sven Peterke, Organized crime and gang violence in national and international law
- Alexandre Vautravers, Military operations in urban areas
- Dale Stephens, Military involvement in law enforcement
- Michael John-Hopkins, Regulating the conduct of urban warfare: lessons from contemporary asymmetric armed conflicts
- David Abrahams, A synopsis of urban violence in South Africa
- V. Surbun, The developing jurisprudence to combat modern maritime piracy: a crime of the high seas?
- R.J.V. Cole, The African Court on Human and Peoples' Rights: will political stereotypes form an obstacle to the enforcement of its decisions?
- P. Smit & B.P.S. van Eck, International perspectives on South Africa's unfair dismissal law
- C. Schulze, Arbitration agreements and jurisdiction in terms of the Judgments Regulation
- S.T. Ebobrah & M.J. Nkhata, Is the SADC Tribunal under judicial siege in Zimbabwe? Reflections on Etheredge v Minister of State for National Security Responsible for Lands, Land Reform and Resettlement and Another
- S. Scott, A comparison between Belgian, Dutch and South African law dealing with pledge and execution measures
- M.H. Smit, C.J. Russo & P. Engelbrecht, Educator rights and duties in special education — a comparative study b etween the United States and South Africa
- Symposium: Arctic Law in an Era of Climate Change
- Ted McDorman, The Continental Shelf Beyond 200 nm: Law and Politics in the Arctic Ocean
- Christopher C. Joyner, The Legal Regime for the Arctic Ocean
- T. Koivurova, E.J. Molenaar & D.L. VanderZwaag, Canada, the EU, and Arctic Ocean Governance: A Tangled and Shifting Seascape and Future Directions
- E.J. Molenaar, Arctic Marine Shipping: Overview of the International Legal Framework, Gaps, and Options
- Erik Franckx, The Legal Regime of Navigation in the Russian Arctic
Wednesday, September 22, 2010
- Christopher Boog, Swiss Rules of International Arbitration – Time to Introduce an Emergency Arbitrator Procedure?
- Pierre-Yves Tschanz, De l'opportunité de modifier l'art. 7 LDIP
- Richard Bamforth & Katerina Maidment, Reasonable Opportunity to Present One's Case – Recent English Case Law
This volume provides a record of the proceedings of the third annual meeting of international prosecutors at the Chautauqua Institution on August 31-September 1, 2009. Joined by an impressive group of experts, the international prosecutors discussed the important impact of women in international criminal law as well as the complexities of prosecuting gender-based crimes. Included are speeches and commemorative papers analyzing the sacrifices and contributions of women from Nuremberg to the present day. The Third Chautauqua Declaration is also included.
Jindal Global Law Review (JGLR) is a faculty edited publication by the Jindal Global Law School of the O.P. Jindal Global University. JGLR seeks to promote original and diverse legal scholarship in a global context. The journal invites submissions from scholars, jurists and professionals for its March, 2011 issue on the theme ‘The Changing Role of Law in Asia: Revolution or Devolution?’. The issue will explore the effect of the evolution of laws and regulations in Asia with particular attention to the contemporary social, political and economic landscape of Asia.
Some of the significant questions that may be considered for this issue include - How relevant are Asian culture, history and norms to understanding the changing face of its law? Is it time to evolve a new Asian analytic that looks towards a transforming and unifying global legal environment? Or is the law being used as a shield to prevent a possible revolution arising from globalization? To what extent are Asian countries influenced by each other and western views and critiques in their legal evolution? Can we characterize legal evolution in Asia as transformative or reductive?
Submissions should highlight and question the Asian context of the law, though the perspectives provided need not be exclusively Asian. Works from a diversity of legal disciplines as well as of an inter-disciplinary perspective will be considered. Submissions may explore issues such as-
- The displacement of people and the status of refugees in post-war Sri Lanka,
- Civil justice reforms in Hong Kong or reforms in the regulatory framework governing Islamic finance in Indonesia,
- Legal issues surrounding the reported toxic nature of Chinese exports of food and other products to the west,
- The significance of the new constitution of Nepal or of the judgment of an Indian lower court in the Bhopal gas leak tragedy,
- The legality of the emergency rule in Thailand or the elections in Myanmar,
- The decisions of the newly formed Competition Commission of India, or
- The territorial dispute surrounding the South China Sea in the context of the sixtieth anniversary of establishment of diplomatic relations between China and Vietnam.
Submissions can be in the form of articles, essays, book reviews and comments/notes and should be emailed to the address listed below in an MS word document (Times New Roman, font size 12, double spacing). Articles and essays should be of 8,000 to 10,000 words and comments and notes should be of 4,000 to 5,000 words (including footnotes). Footnoting should be in the Bluebook system of citation.
The deadline for accepting final submissions is November 30, 2010. If you intend to contribute or if you require further information or clarifications, please write to us at firstname.lastname@example.org or at email@example.com.
A rule of customary international law is binding upon all States. One controversial question is whether a State should be permitted not to be bound by such a rule in the event that it objected to it in the early stage of its formation and did so constantly thereafter. This is the theory of the ‘persistent objector’. The present article intends to examine the concept of persistent objector in general international law.
The first part of this article deals with the basic definition of the concept of persistent objector and its conditions of application. We will then examine the reasons why a truly comprehensive theory of persistent objector emerged some 20 years ago in the United States as illustrated by the 1987 edition of the Restatement of the Law by the American Law Institute. The third part of the article intends to analyse the different grounds of criticisms that have been raised against the concept. We will provide readers with our own assessment of the concept. Our survey will show that there is only very weak judicial recognition of the theory of persistent objector and that there is no actual State practice supporting it. The status of persistent objector is in fact ineffective: there are no instances where such a claimed special status actually prevented the application of a rule of customary law to the dissenting State. What is more is the fact that the theory is logically incoherent and that its application is inconsistent.
Ultimately, allowing a State to claim the status of persistent objector represents a fundamental challenge to the very concept of custom in international law. In our view, these findings undermine the existence of a persistent objector status in international law. Finally, this article examines whether or not the concept nevertheless plays any auxiliary role in international relations.
- John H. Knox, A Presumption Against Extrajurisdictionality
- Agora: Piracy Prosecutions
- J. Ashley Roach, Countering Piracy Off Somalia: International Law and International Institutions
- James Thuo Gathii, Kenya's Piracy Prosecutions
- Eugene Kontorovich & Steven Art, An Empirical Examination of Universal Jurisdiction for Piracy
- Massimo Starita, Democrazia deliberativa e Convenzione europea dei diritti umani
- Marco Evola, La riunificazione familiare dello straniero nei trattati sui diritti umani
- Vladimiro Zagrebelsky, La Conferenza di Interlaken per assicurare l’avvenire della Corte europea dei diritti umani
- Giorgio Gaja, Quale nuovo filtro per i ricorsi individuali a Strasburgo?
- Andrea Saccucci, L’entrata in vigore del Protocollo n. 14 e le nuove regole procedurali per la sua applicazione
- Nerina Boschiero, Lo sfruttamento economico dei lavoratori migranti: vecchie o nuove forme di schiavitù nell’era della ‘private economy’?
- Federica Morrone, Lo sfruttamento della manodopera straniera e le ‘forme contemporanee di schiavitù’: il caso di Rosarno
- Palomares Guillem Cano, La compétence ratione temporis de la Cour de Strasbourg en matière d’obligations procédurales découlant de l’article 2 de la Convention européenne des droits de l’homme
- Pasquale Pirrone, La Corte europea dei diritti umani ritorna ad occuparsi del diniego di riconoscimento di decisioni giudiziarie straniere
- Alessandra Viviani, La violenza contro le donne nell’interpretazione della Corte di Strasburgo
Tuesday, September 21, 2010
Die völkerrechtliche Arbeit untersucht das Institut der immerwährenden Neutralität.
As international criminal law matures, there has been a return to history. Intriguing research agendas have focused on the origins of International Criminal Law in the repression of piracy or slave-trading and on the institutional innovations found at Versailles and The Hague. Meanwhile, familiar landmarks are being revisited in order to clarify ongoing doctrinal debates (aggression at Nuremberg, conspiracy at Tokyo, and so on). Alongside all of this is increased interest in less familiar war crimes trials, both international and domestic.
The idea behind this symposium is to uncover and explore some of the less well-known – perhaps even obscure – war crimes trials. The initial call for papers generated a great deal of interest and the symposium will bring together approximately thirty scholars from around the world who are researching such trials, including recent trials in Ethiopia and the Congo, and relatively obscure trials such as the Oradour-sur-Glane trial and trials after World War II in Hong Kong and China. The keynote address on the Crime of Aggression will be presented by Professor Roger Clark.
ASIAN SOCIETY OF INTERNATIONAL LAW
THIRD BIENNIAL CONFERENCE
ASIA AND INTERNATIONAL LAW: A NEW ERA
Beijing, People’s Republic of China
27‐28 August 2011, Saturday and Sunday
CALL FOR PAPERS
The Third Biennial Conference of the Asian Society of International Law will be held in Beijing, People’s Republic of China, on Saturday and Sunday, 27 and 28 August 2011.
The Conference will provide a forum for a wide ranging and in‐depth exploration of the major international law issues confronting the peoples of Asia and the international community more generally. Speakers featured at the conference will consist of individuals who are invited by the Organizers, and also those selected from this call for papers.
Theme of the Conference
Asian peoples, civilizations and societies have interacted with each other for centuries. In doing so, they established complex diplomatic relations and extensive trading arrangements, entered into treaties, formulated rules regarding the treatment of foreigners and devised ways of resolving conflicts. The great religious and philosophical teachings of the continent developed far‐reaching principles and ideas on issues central to governance‐the relationship between rulers and the ruled, society and economy, the conduct of foreign relations, and war and peace. Many Asian societies in the sixteenth century were amongst the most powerful, prosperous, and technologically advanced in the world. The expanding reach of Western imperialism from that time onwards presented a profound challenge to Asian societies which were confronted by a rapidly changing international environment—one in which their own institutions, traditions, and customs were treated as inferior and inadequate. These societies, furthermore, found themselves having to comply with international rules that they generally played no role in creating and that were formulated by Western powers intent on legitimizing their own expansion and domination.
Since that time, Asian states, together with African and Latin American states with which they had much in common, have continuously attempted to transform international law in order to make it more properly representative of the many civilizations and communities of the world. The Bandung Conference of 1955, which led to the formation of the Non‐Aligned Movement, was an especially significant attempt on the part of the peoples of Asia and Africa to make their voices heard in the international arena.
The international community is now entering a new era, one in which a discernible shift has taken place in the distribution of global power. Asia, once more, is emerging as an extremely dynamic, prosperous, and innovative region. At the same time, it must be noted that Asia is an extraordinarily diverse continent; it contains many distinctive civilizations, and it includes states that are among the wealthiest and poorest in the world. Tensions exist between Asian states, and an overwhelming number of people in Asia continue to be vulnerable to oppression, poverty, environmental disasters, and the ravages of conflict.
It is in this context that the Asian Society of International Law meets in Beijing. The general purpose of the Conference is to explore the many issues confronting the peoples of Asia and the international community more generally. The topics that will be addressed include, broadly, human rights, international economic law and private international law, the law of the sea, development and the environment, international law relating to security and conflict, and the history and theory of international law. A panel will be devoted to the crucial issue of the teaching and dissemination of international law in Asia. The conference will explore Asian state practice, regional developments and the Asian traditions of international law, and the ways in which Asian societies are attempting to formulate and adapt international law to meet their needs and their growing economies. At the same time, the conference will examine developments in international law more broadly. Both Asian and international perspectives on the selected topics are welcome, as it is only when international lawyers are fully conscious of the changing international political environment, and truly understand the economic needs and social conditions of both the developed and developing world that they can genuinely facilitate the creation of a system which helps ensure equal opportunities and mutual benefits for all parties and thus contribute towards achieving the great and enduring goals of international law: global justice, peace, and prosperity.
Topics of Papers
The organizers welcome papers dealing with the following topics for consideration:
1. Law of the Sea
2. Climate Change and Development
3. Disaster Management and International Law
4. Human Rights, Sovereignty, and Asia (including regional human rights mechanisms, Asian developments, etc.)
5. Developments in International Criminal Law: Peace and Justice, the International Criminal Court, Issues of Universal Jurisdiction
6. Migration and Dislocation: Refugees, Migrant Workers, Internally Displaced Persons
7. Armed Conflict, International Law, and Human Rights
8. Asia, Regional Arrangements and Free Trade Agreements (including comparative studies of regionalism, regionalism and security arrangements)
9. Transnational Litigation and Arbitration in Asia
10. Intellectual Property and International Law
11. The Effect of Treaties and Foreign Law in Domestic Courts in Asia
12. The Contribution of Asian Judges and Jurists to International Law
13. Asia and Third World Approaches to International Law
14. International Law Education and Research in Asia
The Organizers seek to encourage the participation in the Conference of all persons interested in international law all over the world, whether established or junior scholars, academics or practitioners, government officials and NGO officers, by inviting applications for positions as panelists. Papers may provide an Asian perspective on these topics, and/or international/comparative approaches to the listed topics.
In order to apply, please fill in the online submission form by Wednesday, 1 December 2010, 2300 hrs, Beijing Time. You will be required to provide in the submission form:
(1) A 600‐word abstract/summary of the proposed paper. Please clearly identify, by means of a heading, the Topic and Topic Number in relation to which you are making your application. E.g. Topic 9: Transnational Litigation and Arbitration in Asia.
(2) Affiliation details and brief bio. This would include details of professional status, educational background, institutional affiliation, office address, contact telephone number, and e‐mail address. Please also provide, in the section titled 'bio' any information about presentations given, publications, and any other relevant information about your research or experience.
Any questions about the paper selection process may be addressed to: firstname.lastname@example.org
All enquiries about the Beijing Conference 2011 should be directed to: email@example.com
Successful applicants will be informed by 1 February 2011 and are required to submit their completed papers to the Conference Organizers by Wednesday, 1 June 2011. The paper should be between 6000 and 8000 words and the time allocated to the presentation of the paper will be 12‐15 minutes.
All papers accepted by the Organizers for the Conference will be featured on the Conference web‐site and as part of the AsianSIL Working Paper Series. Paper presenters are encouraged to submit finalized papers to the Society’s new Asian Journal of International Law. Publication is subject to a double‐blind peer‐review and editorial discretion. Details may be found on the Journal’s Web site www.AsianJIL.org.
Monday, September 20, 2010
- John Kelsay, Just War, Jihad, and the Study of Comparative Ethics
- Sujatha Byravan & Sudhir Chella Rajan, The Ethical Implications of Sea-Level Rise Due to Climate Change
- Toni Erskine, Kicking Bodies and Damning Souls: The Danger of Harming “Innocent” Individuals While Punishing “Delinquent” States
- Thomas E. Doyle II, Reviving Nuclear Ethics: A Renewed Research Agenda for the Twenty-First Century
Private International Law
- Carolyn Lamm (White and Case), Opening lecture
- H. Patrick Glenn (McGill Univ.), General Course: The Conciliation of Laws
- Adrian Briggs (Univ. of Oxford), The Principle of Comity in Private International Law
- Dominique Bureau (Univ. Paris II (Panthéon-Assas)), Methodological Mutations in Contemporary Private International Law
- Johan Meeusen (Univ. of Antwerp), Private International Law and the Principle of Non-Discrimination
- Ronald Brand (Univ. of Pittsburgh), Transaction Planning Using Rules on Jurisdiction and Judgments Recognition
- Jan Neels (Univ. of Johannesburg), Cultural Diversity and Constitutional Values in Private International Law
- Yuko Nishitani (Kyushu Univ.), Cultural ldentity in Private lnternational Family Law
- Mpazi Sinjela (formerly, Dean, WIPO World Wide Academy), lntellectual Property: Cross-Border Recognition of Rights and National Development
- Monique Chemillier-Gendreau (Univ. of Paris VII (Denis Diderot)), Opening lecture
- Giorgio Gaja (Univ. of Florence), General Course: Protecting General Interests in the International Community
- Jorge Cardona Lorens (Univ. of Valencia), Developments in United Nations Peacekeeping Operations
- John Dugard, (Univ. of Pretoria), State Secession
- Denis Alland (Univ. Paris II (Panthéon-Assas)), Interpretation of International Law: Theoretical and Philosophical Aspects
- Xue Hanqin (Judge, International Court of Justice), Contemporary Chinese Perspectives on lnternational Law
- Massimo Iovane (Univ. of Naples "Federico II"), Influence of the Multiplication of International Courts and Tribunals on the Application of International Law
- Zdzislaw Kedzia (Adam Mickiewicz Univ., Poznań), United Nations High Commissioner for Human Rights and Universality of Human Rights
VJIL Online is currently accepting submissions for its November 2010 launch. We welcome submissions of between 3,000 and 4,000 words with light citations. Submissions must be in English and footnotes must conform to The Bluebook: A Uniform System of Citation, 19th edition. VJIL Online accepts submissions on a rolling basis, and we will evaluate pieces within fourteen days of receipt. Accepted essays will be placed on an expedited production schedule and will be published in a timely manner.
Submissions must be accompanied by a cover letter containing the author’s e-mail address and a daytime telephone number. Résumés and other biographical information are optional but highly recommended.
Essays or print article responses may be sent to the Managing Editor of VJIL Online at firstname.lastname@example.org with the subject line “VJIL Online Submission.” We also welcome submissions through our print journal’s ExpressO account.
Sunday, September 19, 2010
The symposium will bring together prominent scholars and experts in a range of subject matters and disciplines to address how improving NGOs as institutions relates to the legitimacy of their role in civil society. International organizations scholars consider NGO legitimacy both among the constituencies affected by NGO efforts and as they operate within international institutions that develop norms and make law. Nonprofit law scholars tread similar ground, but often focus on the internal workings and external regulation of nonprofit organizations and how their missions can be accomplished most accountably and effectively. This program will bring together these disparate, but linked, disciplines for an important conversation on enhancing these essential institutions.
- September 20: Emmanuel Gaillard (Shearman & Sterling and University of Paris XII), "The Legal Theory of International Arbitration"
- October 11: "International Investment Agreements in the UNCTAD World Investment Report 2010" - Panel discussion with Elisabeth Tuerk (UNCTAD Secretariat)
- November 15: tba