Saturday, October 1, 2011

New Issue: Journal of International Maritime Law

The latest issue of the Journal of International Maritime Law (Vol. 17, no. 2, 2011) is out. Contents include:
  • Marc A. Huybrechts, Package limitation in modern maritime transport treaties: a critical analysis
  • Ling Si, The legal status of intermediate holders of bills of lading under contract of carriage by sea -- a comparative study of US and English law
  • Ademun-Odeke, Somali piracy: the missing link in jurisdiction over foreign pirates under international law

Friday, September 30, 2011

New Issue: ASA Bulletin

The latest issue of the ASA Bulletin (Vol. 29, no. 3, 2011) is out. Contents include:
  • Thomas Rohner & Michael Lazopoulos, Respondent’s Refusal to Pay its Share of the Advance on Costs
  • Sébastien Besson, Réflexions sur le projet de modification de l’article 7 LDIP (initiative Lüscher)
  • Markus Wirth, Vernehmlassung der Schweizerischen Vereinigung für Schiedsgerichtsbarkeit (ASA) zur Parlamentarischen Initiative betreffend die Änderung von Artikel 7 des Bundesgesetzes vom 18. Dezember 1987 über das internationale Privatrecht
  • Luca Beffa, Challenge of international arbitration awards in Switzerland for lack of independence and/or impartiality of an arbitrator – Is it time to change the approach?
  • Edouard Bertrand, The Brave New World of Arbitration: Third-Party Funding

Call for Papers: Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law

The Postgraduate and Early Professionals/Academics Nework of the Society of International Economic Law (PEPA/SIEL) has issued a call for papers for its first conference, January 27-28, 2012, in Hamburg. Here's the call:

Postgraduate and Early Professionals/Academics (PEPA) Network

1st Conference of the Postgraduate and Early Professionals/Academics of the Society of International Economic Law (PEPA/SIEL)

Hamburg, 27 and 28 January 2012

Organized by SIEL in cooperation with the Institute of Law and Economics of the University of Hamburg and Leiden University

SIEL was founded in 2008 to act as an umbrella organization to foster coordination, collaboration and debate between IEL scholars and practitioners and national or regional IEL organizations around the world. SIEL’s Post-graduate and Early Professional/Academics Group (PEPA/SIEL) is, among other things, interested in fostering collaboration and mentoring opportunities for emerging academics and professionals in IEL. PEPA/SIEL will seek to fulfil these goals through various activities such as by providing a forum where emerging IEL academics and professionals can present and discuss their research in a supportive and welcoming environment. We are pleased to announce our first such event, with others anticipated in the future, especially in other regions of the world.

Call for papers

This conference offers post-graduate students (students enrolled in Masters/PhD) and early professionals/academics (generally within five years of terminal degree) studying or working in the field of International Economic Law (IEL) an opportunity to both present and discuss their research, as well as providing a critical platform to test their ideas about broader issues relating to IEL. Invited speakers will be asked to prepare and present a paper, on which a senior practitioner or academic will comment, followed by a general discussion.

We invite submissions on any IEL topic including but not limited to:

  • trade, investment and monetary/financial policies;
  • the interaction of, for example, international trade law and investment law with other branches of law governing, for example, intellectual property, human rights, environment and sustainable development;
  • regional economic integration;
  • comparative economic law, focussing on how international economic law interacts with laws, institutions and actors at the domestic level;
  • the roles of law and legal practices in international economic governance and international organizations; and
  • the philosophy, sociology and economics of international economic law.

How and when to submit

Submissions should include a brief biography (150 words max.) and a research abstract (no more than 400 words) to be sent no later than 30 October 2011 to Papers will be selected based on a double blind review conducted by a senior practitioner or academic and a conference organizer. Successful applicants will be notified by 30 November 2011; after which they are expected to submit a conference paper (no more than 4000 words) by 31 December 2011. Papers will be made available online in a special section at the SIEL website (

General practical information about participating and attending the Conference

The deadline for registration is 10 December 2011, and it should be done online at the SIEL website (the registration page will be available shortly). Registration costs 45 Pounds for non-SIEL Members, and 35 Pounds for SIEL Members. SIEL Membership details may be found at the SIEL website (student membership is 5 Pounds). The Registration fee covers conference materials and coffee breaks on both days.

A limited number of conference fee waivers is available for applicants facing financial hardship. Applicants for a conference fee waiver are kindly invited to add a short letter to their conference application, stating the reason for their waiver request. Successful applicants will be notified by 30 November 2011.

Unfortunately, the organization cannot cover travel, accommodation and any other expenses.
Subject to space availability, registration of participants not presenting a paper will be accepted, for which the regular fee will apply. For more information, please write to José Caiado at the email address below.

If you are interested in participating in this conference but have remaining questions, please contact José Caiado (


SIEL Executive Council: Colin Picker and Freya Baetens

PEPA Conference Committee: Babette Ancery, Thomas Berghaus, José Caiado, Luis Montilla, Jessica Giovanelli, Beatriz Huarte, and Daragh Mc Greal.

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 14, no. 3, September 2011) is out. Contents include:
  • Tania Voon & Andrew Mitchell, Time to Quit? Assessing International Investment Claims against Plain Tobacco Packaging in Australia
  • Gillian Moon, Fair in Form, But Discriminatory in Operation—WTO Law’s Discriminatory Effects on Human Rights in Developing Countries
  • Thomas J. Schoenbaum, Fashioning a New Regime for Agricultural Trade: New Issues and the Global Food Crisis
  • Jong Bum Kim & Joongi Kim, The Role of Rules of Origin to Provide Discipline to the Gatt Article XXIV Exception
  • Michael Ming Du, The Rise of National Regulatory Autonomy in the GATT/WTO Regime
  • Nicolas Hachez & Jan Wouters, A Glimpse at the Democratic Legitimacy of Private Standards: Assessing the Public Accountability of GlobalG.A.P.

New Volume: Finnish Yearbook of International Law

The latest volume of the Finnish Yearbook of International Law (Vol. 20, 2009) is out. Contents include:
  • General Section
    • Martti Koskenniemi, Anniversary Article, FYBIL 20 Years On: The Case for Comparative International Law
    • Viljam Engström, International Organizations, Constitutionalism and Reform
    • Pekka Niemelä, The Day in the Life of Responsibility to Protect
    • Magdalena Kmak, Limits of Sovereignty? – Rethinking the Conflict between Human Rights and Immigration in the European Union
    • Stiina Löytömäki, The Question of Collective Responsibility of France for Crimes Committed under Vichy
    • Dimitris Efthymiou, Climate Change, Human Rights and Distributive Justice
    • Phoebe Okowa, State and Individual Responsibility in International Conflicts: Contours of an Evolving Relationship
    • Ragnar Nordeide, Fragmentation and the Leeway of the VCLT: Interpreting the ECHR in Light of Other International Law
  • Special Section: Changing Futures? Science and International Law
    • Jan Klabbers, Introduction to Special Theme: Changing Futures? Science and International Law
    • Allan Rosas, The Death of International Law?
    • Anna Riddel, Scientific Evidence in the International Court of Justice – Problems and Possibilities
    • Céline Lévesque, Science in the Hands of International Investment Tribunals: A Case for ‘Scientific due Process’
    • Maria Weimer, Policy Choice versus Science in Regulating Animal Cloning under the WTO Law
    • Dhrubajyoti Bhattacharya, A.S. v. Hungary: A Case-Study in Adjucating Reproductive Health Claims and the Challenges posed by Interpreting Existent Human Rights Treaties
    • Lisa Clarke, Global Health Public-Private Partnerships: Better Protecting Against Disease but Creating a Gap in Responsibility under International Law
    • Sophie Gambardella, The Role of Scientific Committees Within Regional Fishing Commissions
    • Caroline E. Foster, The Consultation of Independent Experts by International Courts and Tribunals in Health and Environment Cases

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 25, no. 3, Fall 2011) is out. Contents include:
  • Roundtable: Libya, RtoP, and Humanitarian Intervention
    • James Pattison, Introduction
    • Jennifer Welsh, Civilian Protection in Libya: Putting Coercion and Controversy Back into RtoP
    • Alex J. Bellamy, Libya and the Responsibility to Protect: The Exception and the Norm
    • James Pattison, The Ethics of Humanitarian Intervention in Libya
    • Simon Chesterman, “Leading from Behind”: The Responsibility to Protect, the Obama Doctrine, and Humanitarian Intervention after Libya
    • Thomas G. Weiss, RtoP Alive and Well after Libya
  • Features
    • Ian Hurd, Is Humanitarian Intervention Legal? The Rule of Law in an Incoherent World
    • Joy Gordon, Smart Sanctions Revisited
    • Daniel Brunstetter and Megan Braun, The Implications of Drones on the Just War Tradition
  • Response
    • David Rodin, Ending War
  • Review Essay
    • Christian Barry & Nicholas Southwood, What Is Special About Human Rights?

Thursday, September 29, 2011

Dux: Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ)

Thomas Dux (European Commission) has published Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ): The Regime for the Protection of Specific Areas of the EEZ for Environmental Reasons under International Law (LIT Verlag 2011). Here's the abstract:
This thesis examines the question what States are legally empowered to do under International Law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason.

Conference: Global Challenges of International Sales Law

The University of Florida Center for International Business Education & Research and the Warrington College of Business Administration will host a conference on "Global Challenges in International Sales Law," November 11-12, 2011. The agenda is here. Here's the idea:

This conference will provide information on multiple levels—understanding the rules of the CISG, the application of the CISG by signatory countries, theoretical insights, and its use by international transactional attorneys. It will also include a presentation by Luca Castellani, legal officer in the Secretariat of the United Nations Commission on International Trade Law, on the substance and status of complimentary conventions. This conference will ask many questions, including the following:

  • How has the CISG evolved? Why it is important?
  • What are the best sources for CISG law? How does one conduct research in international sales law?
  • How is the CISG different from the Uniform Commercial Code, English Sale of Goods Act, and other national laws?
  • How have substantive provisions of the CISG been interpreted and applied by national court systems and arbitral panels?
  • What are the problems of uniform law?
  • Can the differences between the common law and civil law be overcome in the application of the CISG?
  • Why should legal practitioners embrace or partially embrace the CISG in serving their clients?
  • Is avoidance of the CISG a ground for a claim of malpractice?
  • How should one negotiate and draft an international sales contract?

Wednesday, September 28, 2011

Call for Papers: Institute for Transnational Arbitration First Annual Winter Forum (Reminder)

As noted previously, the Institute for Transnational Arbitration has issued a call for papers for its First Annual Winter Forum, to be held February 2-3, 2012, in San Francisco. Proposals are due by October 15, 2011. Here's the call:


1st Annual Winter Forum

Stanford Court Renaissance San Francisco Hotel

San Francisco, California

February 2-3, 2012


In collaboration with the Academic Council, the Executive Committee and the Young Arbitrators Initiative of the Institute for Transnational Arbitration (ITA) are proud to announce the creation of a new annual Winter Forum. Building on the Academic Council’s tradition of biennial exploration of scholarly papers and the format of the Friday Forum in Dallas, the Winter Forum will provide a unique opportunity for academic and scholarly debate – with a practical twist – for topical issues in international arbitration.

The first half of the Winter Forum will showcase several works-in-progress, including presentations by authors, commentary by internationally recognized academics and practitioners, and interactive discussions among all participants. Our objective is to integrate the unique insights of academics and practitioners, encourage collaboration, and promote the evolution of international arbitration during a time of global transition. After lunch and a keynote address by Professor George A. Bermann of Columbia Law School, the Winter Forum will conclude with a Tylney-Hall-style discussion forum.

Possible Topics for Works-In-Progress

In connection with this initiative, we now initiate a call for works-in-progress. Keeping in mind ITA’s objective to provide “leading educational and professional activities for legal counsel, arbitrators, business executives, government officials, academics and other professionals through programs that examine, critique and seek to improve the practice and study of international arbitration and provide opportunities to enhance the arbitration community,” we encourage authors to consider a broad variety of topics. Possibilities might include exploration of:

  • Emerging issues of substantive law in international commercial arbitration or international investment law;
  • Consideration of procedural issues, including issues related to arbitrator selection and challenge, evidentiary considerations, preliminary measures, concurrent proceedings, and enforcement and review;
  • The relationship between international commercial arbitration and investment law, as well as between these two pillars and other branches of law, such as intellectual property and environmental law;
  • The recent jurisprudence of national courts related to international arbitration, either domestic or comparative, and the implications for basic concepts of jurisdiction, arbitrator competence and independence;
  • Innovative research methodologies for the exploration and consideration of international arbitration and transnational dispute resolution;
  • The interactions among scholars, practitioners, government officials and civil society groups active in international arbitration;
  • The consideration of international arbitration’s commercial impact, including implications of cost, the net value of arbitration and the opportunities to build sustainable dispute resolution into international business and investment.

We encourage works-in-progress that are from both established and junior scholars and practitioners. The Winter Forum is intended to integrate the scholarly insights and perspectives of both academics and practitioners. Previous explorations of scholarly works-in-progress during Academic Council events have included presentations by international arbitration luminaries such as David Caron (“The Design and Operation of International Courts and Tribunals: A Theory of Bounded Strategic Space and Positional Logics”), José Alvarez (“The Once and Future Investment Regime”) and Jan Kleinheisterkamp (“The Impact of Internationally Mandatory Laws on the Enforceability of Arbitration Agreements”). We anticipate that the works-in-progress and commentaries presented in the Winter Forum will follow this tradition of excellence, and we intend to reserve one presentation for work by a junior scholar or practitioner.

Paper Submission and Selection

All proposals must be submitted by October 15, 2011, via email to in accordance with the following conventions. First, proposals should be made in a Word document that is no longer than 1,000 words. Second, your cover email should indicate your affiliated institution, your contact details and whether your paper has been submitted or accepted for publication elsewhere. In evaluating proposals, please note that priority will be given to unpublished papers and works-in-progress. Every paper proposal will be reviewed on a blind basis by at least two members of the Conference Committee (identified below).

We anticipate announcing the selected papers by November 15, 2011. Authors selected for the Winter Forum must be prepared to circulate a substantially complete draft of their paper no later than Wednesday, January 18, 2012.

While ITA cannot reimburse all travel expenses, selected authors will receive a waiver of the conference fee for the Winter Forum and two nights’ accommodation at a comfortable hotel in the Bay Area.

Paper Publication

Papers and commentary from previous scholarly events from the Academic Council have been published in the World Arbitration and Mediation Review (WAMR). While not required, publication in WAMR is encouraged for presentations at the January Forum.


Please submit enquiries to either of the ITA Winter Forum Co-Chairs, Susan Franck ( or Leah Harhay (

2012 ITA Winter Forum Selection Committee

Co-Chairs: Susan Franck and Leah Harhay

Committee Members:

With the administrative support of David Winn, Director of the ITA.

New Issue: Mealey's International Arbitration Report

The latest issue of Mealey's International Arbitration Report (Vol. 26, no. 9, September 2011) is out.

Summers: Kosovo: A Precedent?

James Summers (Univ. of Lancaster - Law) has published Kosovo: A Precedent? The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights (Martinus Nijhoff Publishers 2011). Here's the abstract:
Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo, and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.

Schmitt: Essays on Law and War at the Fault Lines

Michael N. Schmitt (Durham Univ. - Law) has published Essays on Law and War at the Fault Lines (T.M.C. Asser Press/Springer 2011). Here's the abstract:
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

Gillespie: A History of the Laws of War: Volume 1

Alexander Gillespie (Univ. of Waikato - Law) has published A History of the Laws of War - Volume 1: The Customs and Laws of War with Regards to Combatants and Captives (Hart Publishing 2011). Here's the abstract:

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and regulating the treatment of captives.

This first book on warfare deals with the broad question of whether the patterns of dealing with combatants and captives have changed over the last 5,000 years, and if so, how? In terms of context, the first part of the book is about combatants and those who can 'lawfully' take part in combat. In many regards, this part of the first volume is a series of 'less than ideal' pathways. This is because in an ideal world there would be no combatants because there would be no fighting. Yet as a species we do not live in such a place or even anywhere near it, either historically or in contemporary times. This being so, a second-best alternative has been to attempt to control the size of military forces and, therefore, the bloodshed. This is also not the case by which humanity has worked over the previous centuries. Rather, the clear assumption for thousands of years has been that authorities are allowed to build the size of their armed forces as large as they wish. The restraints that have been applied are in terms of the quality and methods by which combatants are taken. The considerations pertain to questions of biology such as age and sex, geographical considerations such as nationality, and the multiple nuances of informal or formal combatants. These questions have also overlapped with ones of compulsion and whether citizens within a country can be compelled to fight without their consent. Accordingly, for the previous 3,000 years, the question has not been whether there should be a limit on the number of soldiers, but rather who is or is not a lawful combatant. It has rarely been a question of numbers. It has been, and remains, one of type. The second part of this book is about people, typically combatants, captured in battle. It is about what happens to their status as prisoners, about the possibilities of torture, assistance if they are wounded and what happens to their remains should they be killed and their bodies fall into enemy hands. The theme that ties all of these considerations together is that all of the acts befall those who are, to one degree or another, captives of their enemies. As such, they are no longer masters of their own fate.

Vidas & Schei: The World Ocean in Globalisation: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues

Davor Vidas (The Fridtjof Nansen Institute) & Peter Johan Schei (The Fridtjof Nansen Institute) have published The World Ocean in Globalisation: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues (Martinus Nijhoff Publishers 2011). The table of contents is here. Here's the abstract:
Have we already entered a new epoch, the Anthropocene, dominated by the impact of human activities? What of the effects of increasing globalisation on the seas? Thirty-three experts on marine affairs and the law of the sea examine the emerging challenges for the World Ocean, inquiring into developments prompted by globalisation in central issue-areas of the law of the sea. These are explored systematically in sections on the key challenges and developments in the interface of science, economic uses and law (Part I); climate change and the oceans (Part II); sustainability of fisheries (Part III); challenges and responses related to global maritime transport (Part IV); and the regulatory responses to global challenges in seas surrounding Europe (Part V).

Tuesday, September 27, 2011

Lang: World Trade Law after Neoliberalism: Reimagining the Global Economic Order

Andrew Lang (London School of Economics - Law) has published World Trade Law after Neoliberalism: Reimagining the Global Economic Order (Oxford Univ. Press 2011). Here's the abstract:

The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge.

In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.

Doswald-Beck: Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck (Graduate Institute of International and Development Studies - Law) has published Human Rights in Times of Conflict and Terrorism (Oxford Univ. Press 2011). Here's the abstract:

This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism.

The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Ramcharan: Human Rights and U.N. Peace Operations: Yugoslavia

Bertrand G. Ramcharan has published Human Rights and U.N. Peace Operations: Yugoslavia (Martinus Nijhoff Publishers 2011). Here's the abstract:
This unique book, one of the first of its kind, discusses how human rights actually featured in UN peace operations in the deadly conflicts in the former Yugoslavia between 1992 and 1996. It is based on original materials in the possession of the author, who was Director of the International Conference on the Former Yugoslava from 1992 to 1996 and also served as Director of the Office of the UN Special Representative in charge of all peacemaking, peacekeeping, and humanitarian operations in the region. The book brings out the strategic centrality of human rights in the wide-ranging humanitarian operations. It shows how the peacekeepers built in a human rights dimension for the first time in the history of UN peacekeeping. And it shows how the peace negotiators sought to build their peace proposals on the foundations of human rights. It shows the peacemakers advocating justice for the victims while proceeding with their negotiating efforts. The great value of this book is that the author, who was personally involved in all of the activities he writes about, shows how human rights were instilled in practice in UN peace operations over a period of some four years and it also reveals, for the first time, some innovative ideas advanced that might be helpful in future peace operations.

Schermers & Blokker: International Institutional Law (Fifth Revised Edition)

Henry G. Schermers & Niels M. Blokker (Leiden Univ. - Law) have published the fifth revised edition of International Institutional Law (Martinus Nijhoff Publishers 2011). Here's the abstract:

In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems.

Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners.

Monday, September 26, 2011

Trigeaud: La nullité de l'acte juridictionnel en droit international public

Laurent Trigeaud has published La nullité de l'acte juridictionnel en droit international public (Anthemis 2011). Here's the abstract:

Il n’existe que très peu de voies de recours en annulation contre les jugements rendus par les juridictions internationales judiciaires et arbitrales. L’acte juridictionnel est réputé définitif et sans appel, ce qui empêcherait que les parties puissent en contester la validité. Sur ce point d’ailleurs, la pratique et la doctrine internationales sont marquées par une tendance très forte qui attache aux jugements une présomption irréfragable de validité en raison de leur caractère définitif.

Il est pourtant possible de modifier cette approche et de considérer que l’acte juridictionnel ne peut définitivement trancher un différend que dans la mesure où sa validité n’est pas défectueuse. Le caractère définitif ne préjuge en rien de la validité de l’acte juridictionnel contre lequel une partie peut protester en invoquant des causes de nullité ou, dans une perspective plus procédurale, des motifs d’annulation.

Mais il ne suffit pas qu’une partie soulève des motifs d’annulation pour que la nullité du jugement contesté soit acquise. La nullité d’un jugement s’obtient par une procédure juridictionnelle destinée à ce que la validité de l’acte juridictionnel soit renversée à l’égard des deux parties. En l’absence de voies de recours en annulation préétablies et obligatoires, la partie qui cherche à engager une telle procédure devra s’en remettre nécessairement au consentement de l’autre partie.

New Issue: Revista Española de Derecho Internacional

The latest issue of the Revista Española de Derecho Internacional (Vol. 63, no. 1, 2011) is out. Contents include:
  • Estudios
    • Concepción Escobar Hernández, La posición del Reino de España en el procedimiento consultivo: una aproximación general
    • Carlos Bartolomé Jiménez Piernas, Los principios de soberanía e integridad territorial y de autodeterminación de los pueblos en la Opinión consultiva sobre Kosovo: una oportunidad perdida
    • Paz Andrés Sáenz de Santa María, Tu quoque, Corte?. La banalización de los poderes del Consejo de Seguridad en la Opinión consultiva sobre la conformidad con el Derecho internacional de la declaración unilateral de independencia relativa a Kosovo
    • Jorge Cardona Llorens, La relevancia (o no) de la administración internacional de Kosovo en la Opinión consultiva de la Corte Internacional de Justicia de 22 de julio de 2010: perplejidades de un lector
    • Araceli Mangas Martín, Kosovo y Unión Europea: una secesión planificada
    • Carlos Espósito, El discreto ejercicio de la función consultiva de la Corte Internacional de Justicia en el asunto Kosovo

Wolf: Unterseeische Rohrleitungen und Meeresumweltschutz: Eine völkerrechtliche Untersuchung am Beispiel der Ostsee

Sarah Wolf has published Unterseeische Rohrleitungen und Meeresumweltschutz: Eine völkerrechtliche Untersuchung am Beispiel der Ostsee (Springer 2011). Here's the abstract:
Aufgrund der zunehmenden Vernetzung internationaler Energiemärkte und der wachsenden Abhängigkeit der Industriestaaten von Öl- und Gasimporten haben Meeresrohrleitungen als maritimes Transportmedium in den letzten Jahrzehnten an Bedeutung gewonnen. Aktuelles Beispiel einer solchen unterseeischen Rohrleitung ist die Nordstream Pipeline. Die vorliegende Arbeit behandelt die in multilateralen Verträgen globaler und regionaler Reichweite niedergelegten völkerrechtlichen Rechte und Pflichten der Staaten sowie internationaler Organisationen bei Verlegung und Betrieb unterseeischer Rohrleitungen. Die Arbeit zeigt die Verschränkung der unterschiedlichen Ebenen sowie Regelungsdefizite auf und fragt, ob das internationale Seerecht, insbesondere das Seerechtsübereinkommen der Vereinten Nationen, den Staaten ausreichende Handlungsinstrumentarien zur Verfügung stellt, um sowohl Meeresumweltschutz als auch Sicherheit bei Verlegung und Betrieb von Seerohrleitungen zu garantieren.

Marauhn & Steiger: Universality and Continuity in International Law

Thilo Marauhn (Justus Liebig Univ. - Law) & Heinhard Steiger (Justus Liebig Univ. - Law) have published Universality and Continuity in International Law (Eleven International Publishing 2011). The table of contents is here. Here's the abstract:
This is a fine collection of articles by outstanding scholars from various disciplines (law, history, theology and philosophy) and various continents (Asia, America and Europe). This work deals with interesting topics about universality and continuity in international law, ranging from universal validity to islamic international law. The work shows that research in the history of public international law cannot be limited to the development of modern public international law in a European perspective. It should cover the cultural traditions of other regions and traditions as well that tend to be increasingly integrated into current public international law.

Galgano & Marrella: Diritto del commercio internazionale (terza edizione)

Francesco Galgano (Univ. of Bologna - Law) & Fabrizio Marrella ("Cà Foscari" Univ. of Venice - Law) have published the third edition of Diritto del commercio internazionale (CEDAM 2011). Here's the abstract:
This book is the leading textbook on International Business Law in the Italian language. It aims at a comprehensive coverage of the legal issues global business managers face. Focusing on the trade, licensing and investment life-cycle that many domestic - new to international - and multinational organizations experience, it provides the necessary understanding of legal issues concerning import-export, market-entry strategies, protecting and licensing intellectual property to learning the special challenges of international investment operations. The third edition is updated to the most significant developments in the field such as: the Lisbon Treaty; Regulation Rome I on the law applicable to contractual obligations and Regulation Rome II on the law applicable to non contractual obligations. In addition, it offers updated information on, inter alia, the Unidroit Principles on International Commercial Contracts (2010); the new UCP 600 (the Uniform Customs and Practice for Documentary Credits, i.e. a set of rules on the issuance and use of letters of credit utilised by bankers and commercial parties in more than 175 countries in trade finance); INCOTERMS 2010; payment modalities, contracts of carriage and new ICC rules for demand guarantees. A special emphasis is given to arbitration as the main tool for dispute resolution in the international business world.

Sunday, September 25, 2011

New Issue: Human Rights & International Legal Discourse

The latest issue of Human Rights & International Legal Discourse (Vol. 5, no. 1, 2011) is out. Contents include:
  • Special Issue: International law on children and armed conflict
    • W. Vandenhole, S. Parmentier, & I. Derluyn, Editorial introduction – International law on children and armed conflict: the interface between various normative frameworks
    • S. Vité, Protecting children during armed conflict: international humanitarian law
    • K. Hanson, International children’s rights and armed conflict
    • H. Cullen, Does the ILO have a distinctive role in the international legal protection of child soldiers?
    • M. Happold, Children participating in armed conflict and international criminal law
    • B.V. Nylund, From standard-setting to implementation: the Security Council’s thematic focus on children and armed conflict