- Fifteenth Annual Herbert and Justice Rose Luttan Rubin International Law Symposium: The Privatization of Development Assistance
- Kevin E. Davis & Sarah Dadush, The Privatization of Development Assistance: Symposium Overview
- Heidi Metcalf Little, The Role of Private Assistance in International Development
- Raj M. Desai & Homi Kharas, Democratizing Foreign Aid: Online Philanthropy and International Development Assistance
- Devesh Kapur & Dennis Whittle, Can the Privatization of Foreign Aid Enhance Accountability?
- Christian Barry & Gerhard Overland, Why Remittances to Poor Countries Should Not Be Taxed
- Kevin E. Davis & Anna Gelpern, Peer-to-Peer Financing for Development: Regulating the Intermediaries
- Sarah Dadush, Profiting in (RED): The Need for Enhanced Transparency in Cause-Related Marketing
Saturday, October 9, 2010
Friday, October 8, 2010
- Peer Zumbansen, Transnational Legal Pluralism
- Victor V. Ramraj, Constitutional Tipping Points: Sustainable Constitutionalism in Theory and Practice
- Radu Mares, Global Corporate Social Responsibility, Human Rights and Law: An Interactive Regulatory Perspective on the Voluntary-Mandatory Dichotomy
- Erskine, Toni, "Embedded Cosmopolitanism: Duties to Strangers and Enemies in a World of 'Dislocated Communities'"; Dunoff, Jeffrey L. & Trachtman, Joel P., "Ruling the World?: Constitutionalism, International Law, and Global Governance"; Haltern, Ulrich, "Was bedeutet Souveränität" - Reviewer: Yahyaoui-Krivenko, Ekaterina
- Wouters, Jan and De Meester, Bart, "The World Trade Organization: A Legal and Institutional Analysis" - Reviewer: Yearwood, Ronnie R.F.
The following article is an attempt to provide a coherent theory that international tribunals may use to ground the imposition of vicarious liability for collective crimes. Currently, the case law and the literature is focused on a debate between the Joint Criminal Enterprise (JCE) doctrine applied by the ICTY and the co-perpetration doctrine applied by the ICC, which defines co-perpetrators as those who have joint control over the collective crime. The latter doctrine, influenced by German criminal law theory, has recently won many converts, both in The Hague and in the Academy, because it allegedly avoids many of the pitfalls and excesses associated with the JCE doctrine, including vicarious liability for actions that fall outside the scope of the criminal plan, the most expansive version of the JCE doctrine (JCE III). The following Article subjects the control theory, the new darling of the professoriate, to renewed scrutiny and questions whether “control” is the most important criteria for collective crimes. This Article defends the claim that the most essential aspect to ground vicarious liability for members of a criminal gang is the mens rea of its individual members. These individuals share with each other what the philosopher Michael Bratman calls a joint or shared intention -- in this case a joint intention that the group commit a collective crime. Through a series of hypothetical examples, I argue that this fact ought to be the most central aspect of the legal doctrine. The original version of JCE doctrine did little to analyze these joint intentions, though it implicitly relied on them, and the co-perpetration theory has sought to sidestep them by emphasizing “control” instead. But this is an overreaction. The proper course is to return mens rea to the center of the debate and develop a nuanced account of joint intentions that avoids the excesses of the JCE doctrine. Instead of replacing JCE with the control theory of perpetration, international courts should reform JCE by eliminating JCE III because it fails to comply with the underlying theory supporting the doctrine.
Over recent decades, globalisation has stirred up a number of positive and negative developments in national and international environments. An important feature of globalisation is the rise of the economic, social, cultural and political power of corporations. While corporate activities may positively contribute to the livelihoods of individuals, communities and societies, a number of allegations have been made that corporations have been involved in systematically violating human rights. In contrast, only a limited of number of claims have been successfully brought against corporations or their directors and employees. As there is an urgent need for practical and victim-oriented solutions in the modern world in the area of human rights and business, this study argues that corporations have normative obligations in relation to fundamental human rights, around which there possibly appears to exist a value consensus across different cultures and societies around the world.
This study argues that the normative thrust of corporate human rights obligations derives primarily from national legal orders and only secondarily from the international level, whereas both draw their foundations from an international value system. Moreover, corporate human rights obligations may also derive from corporate unilateral commitments. The study argues that corporations should be held accountable for violations of human rights law.
Equally important to identifying corporate obligations is the question of how one can respond to corporate human rights violations. As international mechanisms are often ineffective and sometimes inexistent, the provision of effective remedies for victims of corporate human rights violations, the book argues, rests within national normative frameworks.
Conference: International Financial Institutions in a Post-Crisis World – Legal Challenges and Opportunities
This year’s Law, Justice, and Development Week focuses on the future of international financial institutions through the lens of law. It will take stock of the role and record of these institutions and analyze their future, as the present global financial crisis recedes, focusing on their legal mandates, competences, and operations. In particular, events during the week will discuss and analyze, primarily the manner in which these institutions have adopted the rule of law internally -- in the context of their institutional governance structures, operational policies and procedures, and lending instruments – as well as externally focusing on their advocacy of the rule of law through their operational, advisory, and analytical work. In each of its six thematic modules, participants will be encouraged to examine the continuing relevance and impact of existing institutional structures and governance frameworks as well as their underlying analytical assumptions and knowledge bases.
NON-STATE ACTORS AND INTERNATIONAL LAW
A Young Scholars Conference
February 25-26, 2011
New Haven, CT
The Yale Journal of International Law (YJIL) is delighted to announce that its seventh Young Scholars Conference will be held February 25-26, 2010, on the topic of “Non-State Actors and International Law.” This year’s Conference will be held in conjunction with the annual workshop of the Junior International Law Scholars Association (JILSA). The Conference is designed to bring together young faculty, practitioners, and law students to explore the increasing relevance of non-state actors in the international system and the international law that governs their actions. The conference will take place at Yale Law School in New Haven, Connecticut.
Recipients of this call for participation are invited to submit proposals for presentation at the Conference. Individuals who are selected for participation will be offered travel expenses and accommodations for the duration of the Conference.
The twentieth century is associated with the rise of the nation-state and the organization of the state system, as it evolved from the Peace of Westphalia. The formal organization of world society accorded primary relevance to the state as political actor. International law, too, developed as a set of rules and practices governing the relations among states. In the last few decades, however, nation-states and the state system increasingly have been forced to share the stage of global history with a variety of non-state actors—global corporations, financial institutions, civil society actors, private military companies, and terrorist organizations, among others. Non-state actors are challenging the assumptions and limits of the existing international legal framework. At the Conference, we hope to explore this tension and examine proposals for reform of the legal framework to accommodate this new reality.
III. The Conference
Topics for the Conference panels will be decided this fall and we welcome proposals related to the Conference theme. Topics might include:
- The expanding role of international organizations and proposed Rules of Responsibility to regulate their actions on the world stage;
- Democracy and accountability within international organizations, including the participation of nongovernmental organizations;
- The liability of multinational corporations under customary international law, especially in light of recent Alien Tort Statute decisions;
- Developments in international arbitration and international regulation of commercial disputes;
- The role of civilian operators and other non-state actors in armed warfare;
- Defining and regulating cyber warfare;
- Developments in international law in the wake of the Iraq conflict and the impending closure of the prison at Guantanamo Bay;
- The reemergence of piracy as a global problem; and
- The application of Security Council sanctions against individuals.
Individuals are invited to respond to this call for participation with a one- or two-page proposal for a presentation, along with a brief CV. Proposals should be submitted by e-mail to Matias Sueldo (matias.sueldo[at]yale.edu), no later than October 25, 2010.
Applicants will receive notification of YJIL’s decision by November 19, 2010. Short written contributions (of approximately 1500-3000 words) based on the selected proposals will be expected by February 1, 2011. YJIL intends to publish content based on selected presentations made at the Conference in YJIL Online, the online companion of the print journal. YJIL Online can be found at http://www.yjil.org. Longer submissions may be considered for potential publication as well.
We look forward to your participation.
Alex Iftimie, Co-Editor-in-Chief, Yale Journal of International Law
William Perdue, Co-Editor-in-Chief, Yale Journal of International Law
Agniezska Rafskala, Co-Chair, Yale Forum for International Law
Catherine Rivkin, Co-Chair, Yale Forum for International Law
Matias Sueldo, Conference Director, Yale Journal of International Law
Thursday, October 7, 2010
A bewildering array of research has recently been devoted to the question of compliance with international human rights law. Political scientists, sociologists, anthropologists and legal scholars have all recently grappled with the question of what effects, if any, international legal norms have had on actual rights practices within countries. This conference will bring together scholars from law and the social sciences working on the consequences of international law in the domestic setting.
While most discussions of “consequences” of international human rights law generally center on questions of compliance or effectiveness, this conference will discuss the specific mechanisms and conditions that make these outcomes more or less likely. Theoretical approaches range from social theories of group identity and mobilization, to rational theories explicating how treaties inform and influence the political attitudes of citizens, to theories of how international norms become relevant in domestic litigation. The conference addresses both the intended and unintended consequences of international human rights law including counter-mobilization and “rights fatigue.” The purpose of the conference is to exchange ideas and further research on the mechanisms through which international law affects human rights practices in domestic law, culture, and politics.
- Articles on Biodiversity
- Aðalheiður Jóhannsdóttir, Ian Cresswell & Peter Bridgewater, The Current Framework for International Governance of Biodiversity: Is It Doing More Harm Than Good?
- Elisa Morgera & Elsa Tsioumani, The Evolution of Benefit Sharing: Linking Biodiversity and Community Livelihoods
- Charlotte Salpin & Valentina Germani, Marine Protected Areas Beyond Areas of National Jurisdiction: What's Mine is Mine and What You Think is Yours is also Mine
- Carolina Lasén Díaz, The Bern Convention: 30 Years of Nature Conservation in Europe
- Stefan Jungcurt & Nicole Schabus, Liability and Redress in the Context of the Cartagena Protocol on Biosafety
- Opi Outhwaite, The International Legal Framework for Biosecurity and the Challenges Ahead
This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples.
The purpose of this paper is to assess whether the end of the Cold war constitutes an epochal event in the history of international and whether it heralded a new epoch in that history. For this, we look at the period through the perspective of three grand narratives in the historiography of international law: the hegemonic, the Eurocentric and the state-centric. The latter appears to be the most relevant for our purposes. The post-Cold War years constitute another gradual step away from a system premised on the sovereign state. The balance between state sovereignty and international community is slowly shifting further. The post-Cold War Age – if one wants to consider an ‘age’ that has not ended yet just that – can best be called a third sub-period in the ‘Age of Mankind,’ the ‘Age of Universal International Law’ or the ‘Age of the International Community’ after the Interbellum and the Cold War Age.
- Aníbal Sabater, When Arbitration Begins Without a Seat
- Laurence Burger, Swiss Bilateral Investment Treaties: A Survey
- Charles B. Rosenberg, Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law Approach
- Jennifer Kirby, T.Co Metals, LLC v. Dempsey Pipe and Supply, Inc.: Are There Really No Limits on What an Arbitrator Can Do in Correcting an Award?
- Erica Stein, Thomas v. Carnival Corporation: Has the Eleventh Circuit Set International Arbitration Off Course?
- Hans Dahlberg & Marie Öhrström, Proper Notification: A Crucial Element of Arbitral Proceedings
The discussion in this paper elaborates a tiered set of reforms designed to (1) protect foreign investment, while (2) affording appropriate policy space for governments to develop and regulate their economies in a sustainable manner and (3) ensuring equitable governance of investment disputes such that foreign investors are not privileged, procedurally or substantively, over domestic investors and citizens. The paper includes a detailed appendix with proposed reforms to the NAFTA Chapter 11 text.
Wednesday, October 6, 2010
- Bernardo Sepúlveda-Amor, Contribution of the International Court of Justice to the development of the international law of the sea
- Tullio Scovazzi, The entry into force of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
- José Juste-Ruíz, Compensation for pollution damage caused by oil tanker accidents: from “Erika” to “Prestige”
- Jean-François Pulvenis de Séligny, The marine living resources and the evolving law of the sea
- Sara Monteiro, Xavier Vázquez, & Ronán Long, Improving fishery law enforcement in marine protected areas
- Lowell B. Bautista, The legal status of the Philippine Treaty Limits in international law
- October 14, 2010: Awn Shawkat Al-Khasawneh (Judge, International Court of Justice), The Poetry of Judges and the Judges of Poetry
- October 21, 2010: Sandesh Sivakuraman (Univ. of Nottingham), Rethinking the Law of Internal Armed Conflicts
- October 28, 2010: Mary Footer (Univ. of Nottingham), Progressive Development of International Law and Its "Softer" Codification
- November 4, 2010: Mark Janis (Univ. of Connecticut), Not Taking International Law Seriously: The US Supreme Court in Medellin v Texas
- November 11, 2010: Sandy Ghandhi (Univ. of Reading), The Human Rights Committee of the ICCPR and Problems of Implementation : Challenges and Prospects
- November 18, 2010: Emmanuel Gaillard (Shearman & Sterling), The Representations of International Arbitration
- November 25, 2010: Fiona Smith (Univ. College London), Treaty Interpretation in the WTO: Beyond the Vienna Convention on the Law of Treaties
- December 2, 2010: Emily Haslan (Univ. of Kent), TBA
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as economic sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality.
Il manuale analizza e tratta organicamente i cambiamenti determinati dall'impatto della globalizzazione sul diritto internazionale. L'ordinamento internazionale non è più un diritto inter-statale secondo il modello westfaliano, esso va spostando il proprio focus dagli Stati agli individui e riconosce come "attori" altre forze sociali. La globalizzazione sta modificando non solo i sistemi socio-economici e politico-culturali contemporanei, ma anche il diritto, i processi decisionali, le strategie di enforcement e le interazioni tra il sistema giuridico internazionale e quelli di altri livelli (regionale, nazionale). Il libro disegna le trasformazioni di aspetti chiave della comunità internazionale classica: composizione, istituzioni, processi decisionali, norme giuridiche.
- Claude Henry & Joseph E. Stiglitz, Intellectual Property, Dissemination of Innovation and Sustainable Development
- Robert Falkner, Hannes Stephan & John Vogler, International Climate Policy after Copenhagen: Towards a ‘Building Blocks’ Approach
- Luk Van Langenhove, The Transformation of Multilateralism Mode 1.0 to Mode 2.0
- Mary Kaldor, Inconclusive Wars: Is Clausewitz Still Relevant in these Global Times?
- Eric Helleiner, What Role for the New Financial Stability Board? The Politics of International Standards after the Crisis
- Charles D. Raab, Information Privacy: Networks of Regulation at the Subglobal Level
Tuesday, October 5, 2010
La société de l’information et l’économie du savoir et de l’innovation qui la sous-tend reposent sur le droit de la propriété intellectuelle, qui a pour mission de protéger les actifs intangibles produits de la créativité et de l’ingéniosité humaines. Les études les plus récentes montrent que près de 80% des actifs des entreprises des pays les plus industrialisés sont composés de ces intangibles : logiciels, marques et brands, brevets, know-how, secret de fabrique et informations confidentielles. Depuis 1995, un accord de l’Organisation mondiale du commerce (OMC), connu comme Accord sur les ADPIC, contient des normes précises et strictes qui régissent tous les aspects de la protection et de la mise en œuvre des droits de propriété intellectuelle dans les 150 pays membres de l’OMC. Cet Accord encadre les lois nationales et les directives européennes en matière de propriété intellectuelle et est régulièrement utilisé par les tribunaux nationaux (dont la Cour de cassation en France) et la Cour européenne de justice afin d’interpréter les dispositions européennes ou nationales d’une manière compatible avec les règles internationales. Tout étudiant ou praticien de la propriété intellectuelle doit connaître cet important Accord, qui fait dorénavant partie intégrante du droit de la propriété intellectuelle.
Dans la première partie de cet ouvrage, rédigé par un des rares experts à avoir travaillé de l’intérieur à la rédaction et la négociation de l’Accord sur les ADPIC, l’histoire et le contexte de l’Accord sont expliquées en détails, ainsi que les plus récents développements du cycle de Doha, notamment en matière de protection des indications géographiques et les amendements adoptés en matière de santé publique. Dans la seconde, chacun des 71 articles de l’Accord est analysé en profondeur afin d’offrir au lecteur toutes les clés pour comprendre l’Accord. Chaque décision de groupe spécial ou de l’Organe d’appel de l’OMC rendue entre 1995 et 2007 est également explique et mise en contexte. Enfin, les annexes contiennent les dispositions d’autres accords intégrés à l’Accord sur les ADPIC, offrant ainsi au lecteur un guide complet pour bien comprendre et utiliser l’Accord sur les ADPIC.
This paper, presented at the DOMAC Conference in Amsterdam on 30 September - 1 October 2010, examines the impact that the International Court of Justice may have had on domestic investigations and prosecutions of mass atrocities. It concludes that as a general matter the Court's impact has been nil, at least if more direct forms of impact are concerned, and elaborates on the reasons for the Court's limited role so far.
- Bibi van Ginkel & Frans-Paul van der Putten, Introduction: The International Response to Somali Piracy
- Roger Middleton, More than Just Pirates: Closing the Space for Somali Pirates through a Comprehensive Approach
- J. Peter Pham, The Failed State and Regional Dimensions of Somali Piracy
- Kees Homan & Susanne Kamerling, Operational Challenges to Counterpiracy Operations off the Coast of Somalia
- Per Gullestrup & May-Britt U. Stumbaum, Coping with Piracy: The European Union and the Shipping Industry
- Douglas Guilfoyle, The Legal Challenges in Fighting Piracy
- James R. Holmes, The Interplay between Counterpiracy and Indian Ocean Geopolitics,
- Bibi van Ginkel & Frans-Paul van der Putten, Conclusion: Challenges and Opportunities
- Terry Collins-Williams & Robert Wolfe, Transparency as a trade policy tool: the WTO's cloudy windows
- Robert W. Staiger & Alan O. Sykes, ‘Currency manipulation’ and world trade
- Krzysztof J. Pelc, Eluding efficiency: why do we not see more efficient breach at the WTO?
- Panagiotis Delimatsis, Concluding the WTO services negotiations on domestic regulation – hopes and fears
Monday, October 4, 2010
Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the “politics of change” promised by the nascent Obama administration.
The International Court of Justice’s 22 July 2010 advisory opinion on the legality of Kosovo’s declaration of independence contains an interesting statement which may have gotten snowed under, namely may the Court reformulate – put more bluntly: change – the question that is put to it? The Court held that what it was entitled to do what it had earlier done. Yet this hides, rather than discusses the question of whether the Court is legally entitled to change the question. In the following, we will try to give a brief review of the case law of the Court and its predecessor, the Permanent Court of International Justice (Section 2), fit in the Court’s and the individual judges’ arguments in Kosovo to the line of precedents (Section 3) and then proceed to discuss the legal, doctrinal and theoretical framework on the issue to come to the conclusion that the Court is not so entitled (Section 4).
- Shintaro Hamanaka, Aiken Tafgar, & Dorothea Lazaro, Trade Facilitation Measures under FTAs: Are They Discriminatory against Nonmembers?
- Ruwantissa Abeyratne, Trading Airport Slots: The European Perspective
- Gary Horlick, China and the Future of Trade Law
- Laura Fraedrich, When Does a Request for Information Become an Investigation?
- Tarcisio Gazzini, The Kosovo Advisory Opinion from the Standpoint of General International Law
- Eric de Brabandere, The Kosovo Advisory Proceedings and the Court's Advisory Jurisdiction as a Method of Dispute Settlement
- Jean d'Aspremont, The Creation of States before the International Court of Justice: Which (Il)Legality?
- International Workshop: “The War in Iraq: A Legal Analysis” United States Naval War College, Newport, Rhode Island, 23 - 25 June 2009
- Raul “Pete” Pedrozo, Legal Bases for Military Operations in Iraq
- Andru E.Wall, Was the 2003 Invasion of Iraq Legal?
- David Turns, The International Humanitarian Law Classification of Armed Conflicts in Iraq Since 2003
- Brian Bill, Detention Operations in Iraq: A View from the Ground
- John Murphy, Iraq and the Fog of Law
- Charles J. Dunlap, Jr., Come the Revolution: A Legal Perspective on Air Operations in Iraq
- Richard Pregent, Building Rule of Law Capacity in Iraq
- Laurent Colassis, The Role of the International Committee of the Red Cross in Stability Operations in Iraq
- Yoram Dinstein, Concluding Remarks: The Influence of the Conflict in Iraq on International Law
- Extra-Territorial Activities
- Wolff Heintschel von Heinegg, Repressing Piracy and Armed Robbery at Sea – Towards a New International Legal Regime
- Michel Bourbonniere, The Clausewitz Nebulae: The Legitimacy of Military Activities in Outer Space During Armed Conflicts
- Miscellaneous Issues
- Robert P. Barnidge, Jr., Islam and International Humanitarian Law: A Question of Compatibility?
- Nicholas Rostow, The Human Rights Council (Goldstone) Report and International Law
Sunday, October 3, 2010
- Michael A. Newton & Casey Kuhlman, Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of ‘Effective Control’
- Arjen B. van Rijn, Dimensions Under International Law Linked to the Dissolution of the Netherlands Antilles
- Alex G. Oude Elferink, The Continental Shelf in the Polar Regions: Cold War or Black-Letter Law?
- Jan Willem van Rossem ,Interaction Between EU Law and International Law in the Light of Intertanko and Kadi: The Dilemma of Norms Binding the Member States But Not the Community