Saturday, August 10, 2013

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 35, no. 3, August 2013) is out. Contents include:
  • Ann Marie Clark & Kathryn Sikkink, Information Effects and Human Rights Data: Is the Good News About Increased Human Rights Information Bad News for Human Rights Measures?
  • Alexander Dukalskis & Robert C. Johansen, Measuring Acceptance of International Enforcement of Human Rights: The United States, Asia, and the International Criminal Court
  • Satvinder Singh Juss, Sikh Cremations and the Re-Imagining of the Clash of Cultures
  • Nukhet A. Sandal, Public Theologies of Human Rights and Citizenship: The Case of Turkey's Christians
  • Carla M. Zoethout, Ritual Slaughter and the Freeedom of Religion: Some Reflections on a Stunning Matter
  • Wendy Guns, The Influence of the Feminist Anti-Abortion NGOs as Norm Setters at the Level of the UN: Contesting UN Norms on Reproductive Autonomy, 1995-2005
  • Lars Waldorf, Getting the Gunpowder out of Their Heads: The Limits o fRights-Based DDR
  • Tim Meijers & Marlies Glasius, Expression of Justice or Political Trial? Discursive Battles in the Karadžić Case
  • Thomas M. Krapf, The Last Witness to the Drafting Process of the Universal Declaration of Human Rights: Interview with Stéphane Frédéric Hessel

Friday, August 9, 2013

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 51, no. 6, 2012) is out. Contents include:
  • Beijing Treaty on Audiovisual Performances, with introductory note by Aaron X. Fellmeth
  • Daimler Financial Services AG v. Argentine Republic (ICSID), with introductory note by Karen Halverson Cross
  • Mothers of Srebrenica Ass’n et al. v. Netherlands (Sup. Ct. of the Neth.), with introductory note by Thomas Henquet
  • Copenhagen Process on Handling Detainees in International Military Operations, with introductory note by Jonathan Horowitz
  • Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, with introductory note by Hillary W. Amster

van Steenberghe: Droit international humanitaire : un régime spécial de droit international ?

Raphaël van Steenberghe has published Droit international humanitaire : un régime spécial de droit international ? (Larcier 2013). The table of contents is here. Here's the abstract:

Dans le cadre de ses travaux relatifs à la fragmentation du droit international et, en particulier, à l’existence de régimes juridiques « autonomes » ou « spéciaux », la Commission du droit international a identifié le droit international humanitaire comme l’un des exemples de régime qui se distinguerait en droit international par sa spécificité fonctionnelle. L’objectif du présent ouvrage est notamment de fournir des éclaircissements sur la signification de cette qualification.

Après avoir circonscrit les contours de la notion de régime spécial en droit international, l’ouvrage s’interroge sur les éventuelles spécificités du droit international humanitaire tant par rapport au « système général », c’est-à-dire aux règles secondaires du droit international général, que par rapport à d’autres « sous-systèmes », tels que le droit international pénal, les droits de l’homme ou le droit international de l’environnement. Cette analyse entend cerner au mieux les rapports existant entre le droit international humanitaire et les autres systèmes – général ou spéciaux – de droit international et se prononcer ainsi sur la question sous-jacente de l’ «autonomisation» de ce droit. Elle montre que, loin de produire une «cacophonie» au sein de l’ordre juridique international, cet enchevêtrement de différents systèmes relevant de cet ordre s’apparente le plus souvent à une «polyphonie» harmonieuse.

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 4, no. 1, 2013) is out. Contents include:
  • Leora Bilsky & Natalie R. Davidson, A Process-Oriented Approach to Corporate Liability for Human Rights Violations
  • Gunther Teubner, Content loaded within last 14 days The Project of Constitutional Sociology: Irritating Nation State Constitutionalism
  • Armin von Bogdandy & Sergio Dellavalle, Content loaded within last 14 days The Lex Mercatoria of Systems Theory: Localisation, Reconstruction and Criticism from a Public Law Perspective
  • Richard Falk, Content loaded within last 14 days Reflections on Revolution, Politics and Law: The Unfolding Process in the Arab World

New Issue: European Journal of Legal Studies

The latest issue of the European Journal of Legal Studies (Vol. 6, no. 1, Spring/Summer 2013) is out. Contents include:
  • Edouard Dubout, Le Défi de la Délimitation du Champ de la Protection des Droits Fondamentaux par la Cour de Justice de l'Union Européenne
  • Janja Hojnik, De Minimis Rule within the EU Internal Market Freedoms: Towards a More Mature and Legitimate Market?
  • Merita Huomo-Kettunen, Heterarchical Constitutional Structures in the European Legal Space
  • Rossana Deplano, Fragmentation and Constitutionalisation of International Law: A Theoretical Inquiry
  • Nikos Vogiatzis, Is the European Citizen’s Initiative a Serious Threat for the Community Method?
  • Tareq Al-Tawil, Corrective Justice and Deterrence: Can They Co-Exist?
  • Sondre Torp Helmersen, Evolutive Treaty Interpretation: Legality, Semantics and Distinctions

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 30, no. 4, August 2013) is out. Contents include:
  • David Collins, ICSID Annulment Committee Appointments: Too Much Discretion for the Chairman?
  • Jan Paulsson, Why Good Arbitration Cannot Compensate for Bad Courts
  • Christopher Campbell, House of Cards: The Relevance of Legitimate Expectations under Fair and Equitable Treatment Provisions in Investment Treaty Law
  • Niklas Elofsson, Ex Parte Interviews of Party-Appointed Arbitrator Candidates: A Study Based on the Views of Counsel and Arbitrators in Sweden and the United States
  • Keechang Kim & Jason Mitchenson, Voluntary Third-Party Intervention in International Arbitration for Construction Disputes: A Contextual Approach to Jurisdictional Issues
  • Fernando Mantilla-Serrano, Colombia Enacts a New International Arbitration Law
  • Victoria Shannon, Recent Developments in Third-Party Funding

Call for Submissions: Goettingen Journal of International Law Student Essay Competition

The Goettingen Journal of International Law has issued a call for submissions for its annual student essay competition. This year's topic is "Principles of International Criminal Law." Here's the call:

Student Essay Competition 2013: "Principles of International Criminal Law"

The Goettingen Journal of International Law (GoJIL) is the first German student-run international law journal. GoJIL seeks to foster debate among scholars of international law with its numerous and diverse fields.

As we are students ourselves, we would like to give students and young doctoral candidates the chance to gain practical experience and to publish their first scientific papers. To that end, GoJIL is hosting an annual Student Essay Competition. This year’s topic is “Principles of International Criminal Law”. The winning article will be published in one of GoJIL’s next issues.

International criminal law has increasingly gained importance during the last decades, mainly owed to the international community’s strive to fight and prosecute human rights violations. Ever since the Nuremberg Trials, this field has experienced growing attention. Given the number of contemporary scholarly publications, such development is likely to remain dynamic. The International Criminal Court’s first judgment in the Lubanga Case of 2012, amendments to the Rome Statute in 2010, and the observable trend of international crimes handled by national jurisdictions support this prediction. To contribute to the increased formalization of international criminal law caused by, among others, these developments, this year’s Essay Competition is dedicated to current questions of this field of law.

Participants are free to choose both the topic and the exact area of international criminal law on which their submissions will elaborate. We particularly welcome submissions addressing the modes of participation, problems of attribution, or the interdependency of international and national criminal law.

The deadline for your submission is 15 November 2013. The maximal word count is 5 000 words (excluding footnotes).

If you would like to write an article or are already working on the subject, send in your essay!

Further information:

In case of questions:

Thursday, August 8, 2013

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 44, no. 3, 2013) is out. Contents include:
  • Hyun Jung Kim, The Return to a Mare Clausum Through Regional Fisheries Management Organizations?
  • Jianjun Gao, A Note on the Nicaragua v. Colombia Case
  • Yann-huei Song & Stein Tønnesson, The Impact of the Law of the Sea Convention on Conflict and Conflict Management in the South China Sea
  • Ling Zhu, Bingying Dong & Kevin X. Li, China's 2012 Regime for Compensation for Vessel Source Oil Pollution: A Comparative Study
  • Mark J. Kaiser & Brian Snyder, A Primer on the Offshore Contract Drilling Industry

Johns & Pelc: Fear of Crowds in WTO Disputes: Why Don't More Countries Participate?

Leslie Johns (Univ. of California, Los Angeles - Political Science) & Krzysztof Pelc (McGill Univ. - Political Science) have posted Fear of Crowds in WTO Disputes: Why Don't More Countries Participate? Here's the abstract:
WTO members that are affected by a trade dispute can join litigation as a third party and gain access to otherwise private negotiations. Participation has a negligible cost. Yet states rarely join cases as third parties, even when they have a material interest at stake. We construct a formal model of strategic third party participation in the WTO that shows that third parties increase the probability of litigation. This creates strategic interdependence: as more states become third parties, the benefit of participation decreases and each state becomes less likely to join. We test our theoretical model by examining each country's decision to participate or not in every WTO dispute since 1995. The findings offer strong support for our model: states shy away from joining when it's too crowded.

Conference: 7th Annual International Humanitarian Law Dialogs

The 7th Annual International Humanitarian Law Dialogs will be held at the Chautauqua Institution on August 25-27, 2013. The theme is "The Long Hot Summer after the Arab Spring: Accountability and the Rule of Law." The program is here.

Conference: Bridging the gap between Investment Law and the Environment

On November 4-5, 2013, a conference on "Bridging the gap between Investment Law and the Environment" will take place in The Hague. The program is here. Here's the idea:

International investment law is a growing field of law that has witnessed an explosive growth in the last decade. This is characterized by the proliferation of International Investment Agreements (IIAs) and the phenomenal increase in investment arbitrations. The large network of IIAs and investment disputes has brought a number of questions that exceed the discipline of international investment law. One of them is the role of non-investment objectives, e.g. protection of the environment, in the framework of the investment regime. Environmental regulations of States have been challenged by investors within the framework of international investment law, because they allegedly conflict with investment protection rules. In these circumstances, States face a dilemma as, on the one hand, they have to comply with environmental obligations, but, on the other, they have to fulfil their economic obligations under IIAs. This conference will discuss the relationship between these two areas of the law. The specific focus of the conference will be on Climate Change and International Investment Law. Climate Change is one of the key challenges that the planet currently faces. It is a complex problem that impacts not only on the environment, but also global issues such as sustainable deve

Behrens & Henham: Elements of Genocide

Paul Behrens (Univ. of Edinburgh - Law) & Ralph Henham (Nottingham Trent Univ. - Law) have published Elements of Genocide (Routledge 2013). Here's the abstract:
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

Wednesday, August 7, 2013

Baetens: Investment Law within International Law: Integrationist Perspectives

Freya Baetens (Leiden Univ. - Law) has published Investment Law within International Law: Integrationist Perspectives (Cambridge Univ. Press 2013). The table of contents is here. Here's the abstract:
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Jardim Oliveira: Immunity Ratione Materiae in Extradition Proceedings?

Thiago B. Jardim Oliveira (University of Geneva - Law) has posted Immunity Ratione Materiae in Extradition Proceedings? Here's the abstract:
Any debate on the exceptions to the immunity enjoyed by former State officials immediately brings to mind the extradition proceedings before English courts against former Chile’s President Pinochet. Ever since, the assumption has been that former State officials, as a rule, enjoy immunity from extradition proceedings once they have acted on behalf of a State. Supported by recent developments, however, this article questions this assumption. The idea that the immunity enjoyed by former State officials applies to every measure of criminal procedure, and that extradition is one such measure, misconceives the nature and purpose of both immunity ratione materiae and extradition proceedings.

Chase et al.: Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements - Innovative or Variations on a Theme?

Claude Chase (World Trade Organization), Alan Yanovich (World Trade Organization), Jo-Ann Crawford (World Trade Organization), & Pamela Ugaz (Univ. of Geneva) have posted Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements - Innovative or Variations on a Theme? Here's the abstract:
Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most, if not all, RTAs contain provisions that establish procedures for resolving disputes among their signatory members. Yet, the design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO dispute settlement system remain relatively unexplored. Existing academic literature has primarily focused on the narrow issue of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and classifying systematically the DSMs of RTAs is more limited. This research paper goes beyond considering the issue of jurisdictional conflict between the multilateral and "regional" regimes. We map out the DSMs in RTAs that have been notified to the WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also use the data obtained from our mapping exercise in two ways. First, we identify trends and patterns of use, either regionally or by individual countries, of the different types of DSMs in RTAs. Trends are analysed in relation to five key factors: (i) evolution over time, (ii) level of economic development, (iii) regional characteristics, (iv) level of integration (partial scope agreement, free trade agreement or customs union), and (v) configuration (bilateral or plurilateral). Second, we undertake a "nuts and bolts" analysis of the DSMs of RTAs by examining their approach to various issues in international dispute settlement. Our aim is to draw conclusions about the extent to which the predominant type of DSM in RTAs has features that are different from those of the WTO dispute settlement system.

Conference: The Anatomy of the (Invisible) EU Model BIT

On November 25-26, 2013, a conference on "The Anatomy of the (Invisible) EU Model BIT" will be held at the University of Vienna Law School. The program is here. Here's the idea:
With the on-going negotiations of the first EU international investment agreements and in the absence of a definitive EU Model BIT, the debate on the scope, the standards of protection, investor-state dispute settlement provisions and on additional features to be included in new EU investment treaties has taken centre stage in recent EU investment policy discussions. The objective of this second Vienna conference on the European Union and international investment law is to put the pieces together and discover the shape of the (invisible) EU Model Investment Treaty.

Mégret: Should Rebels Be Amnestied?

Frédéric Mégret (McGill Univ. - Law) has posted Should Rebels Be Amnestied? Here's the abstract:
This paper was first presented at a conference organized by the Grotius Centre in Hague on the jus post bellum. It seeks to take a new look at a critical question, whether rebels in non-international armed conflicts should benefit from an amnesty at the close of hostilities. Such an amnesty effectively amounts to recognizing a privilege of belligerency retrospectively for rebels, at least insofar as the penal consequences of their acts are concerned. Protocol II takes a cautious position in that direction requiring states to "endeavor to grant" such amnesties, but the provision clearly created some unease at the 1974-77 conference. The chapter traces this unease to the fact that it is not clear what the rationale for the rule is, nor why it has its place in an international humanitarian law treaty. Amnesties may indeed facilitate peace or reconciliation, but one could also argue that in absolving those guilty of some of the worst offences against the state's order they are the very anti-thesis of seeking to reestablish the rule of law. The argument is often heard that conferring a privilege of belligerency will encourage non-state actors' compliance with international humanitarian law, but that simplistic assumption is criticized as not psychologically or sociologically plausible. Inquiring into the foundation of the privilege of belligerency in international armed conflicts, it is argued that contrary to what is often assumed the privilege has no logical or necessary connection to the jus in bello project, and instead manifests the relative legitimacy of war, even in an age of jus contra bellum, as that form of violence engaged in by states or entities that can be assimilated to it. In this classical view, then, the privilege of belligerency results from an "agreement to disagree" between equals against the background of an irreducible international order. In a priori non-international situations, the ability to emulate state-like characteristics and produce an objectively international situation by puncturing the legal unity of the state substantially aligns such situations with those of international armed conflicts. The amnesty then manifests a recognition that the "criminal" had effectively become the "enemy." However, that particular concept of the foundation of the privilege of belligerency is only so strong as international society's concept of the jus ad bellum is relatively weak. The privilege effectively protects the situation of the unjust/illegal warrior in ways that may be hard to rationalize, especially in a context where its humanitarian benefits have been shown to be meagre. In non-international armed conflicts, Protocol II's injunction to confer amnesties covers both acts of killing in war and the very fact of taking up arms. The latter is not a humanitarian issue, and it is therefore unclear what business a humanitarian treaty has of telling states how they should deal with a fundamental threat to their internal sovereignty. To the extent that the former is not strictly necessary to the humanitarian project, the encouragement to provide an amnesty is both over inclusive (encouraging amnesties for unjust/illegal rebellions) and under inclusive (failing to render amnesty compulsory in cases where they are manifestly just/legal). The paper finds that whether amnesties should be granted ultimately depends on whether one considers that there is at present a jus ad rebelium in international law. It concludes with a few thoughts on the power of considering these issues ex post in the just post bellum, as a way of evaluating a non-state actor's overall performance in war that safely fuses jus in bello and jus in bellum issues.

Tuesday, August 6, 2013

New Issue: Revue Québécoise de Droit International

The latest issue of the Revue Québécoise de Droit International (Vol. 25, no. 1, 2012) is out. Contents include:
  • Études
    • Jacques Joël Andela, L'article XX du GATT de 1994 dans la jurisprudence de l'Organe de règlement des différends de l'OMC : une analyse sous le prisme environnemental
    • Geneviève Dufour, Le retrait du Canada du Protocole de Kyoto et le droit international public – Droit de dénonciation, abus de droit et responsabilité internationale
    • Joseph Kazadi Mpiana, La Cour pénale internationale et la République Démocratique du Congo : 10 ans après. Étude de l'impact du Statut de la Cour pénale internationale dans le droit interne congolais
    • Timothée Labelle & Jean-Nicholas Trudel, Au cœur de la reconstruction ivoirienne : la réconciliation
    • Mariana Peña-Pinon, Une Cour de Justice pour le Mercosur? Vraies-fausses avancées vers une institutionnalisation renforcée
  • Notes et commentaires
    • Francesca Astengo, Karlsruhe-Luxembourg: A New Distance after the 2009 Lisbon Treaty Ruling
    • Sylvette Guillemard & Marjorie Tête, Le forum non conveniens au Québec, une vingtaine d'années plus tard : encore quelques questions non résolues

Crawford: State Responsibility: The General Part

James Crawford (Univ. of Cambridge - Law) has published State Responsibility: The General Part (Cambridge Univ. Press 2013). Here's the abstract:
Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

Dejong & Petersson: The Foundations of Worldwide Economic Integration: Power, Institutions, and Global Markets, 1850–1930

Christof Dejung (Universität Konstanz - History) & Niels P. Petersson (Sheffield Hallam Univ. - History) have published The Foundations of Worldwide Economic Integration: Power, Institutions, and Global Markets, 1850–1930 (Cambridge Univ. Press 2013). The table of contents is here. Here's the abstract:
The essays in this volume discuss worldwide economic integration between 1850 and 1930, challenging the popular description of the period after 1918 as one of mere deglobalisation. The authors argue that markets were not only places of material exchange, but also socially structured entities, shaped by the agency of individual actors and by complex structures of political and economic power. Economic transactions were supported by an array of different institutions, ranging from formalised regulations to informal relations of personal trust. They argue that these networks were strong enough to prosper even during and after World War I, in a political climate often hostile to foreign trade. The Foundations of Worldwide Economic Integration shows that institutionalism altered its shape in the face of circumstances that increasingly challenged international trade. By presenting case studies from various countries, this book offers a fresh perspective on crucial periods of economic globalisation.

Call for Submissions: Between Pragmatism and Predictability: Temporariness in International Law

The Netherlands Yearbook of International Law has issued a call for submissions for articles on the theme "Between Pragmatism and Predictability: Temporariness in International Law." The call is here.

de Wet: Regional Organisations and Arrangements and Their Relationship with the United Nations: The Case of the African Union

Erika de Wet (Univ. of Pretoria - Law) has posted Regional Organisations and Arrangements and Their Relationship with the United Nations: The Case of the African Union (in The Oxford Handbook on the Use of Force, Marc Weller ed., forthcoming). Here's the abstract:
The contribution analysis the relationship between the UNSC and the AU in peace enforcement operations in Africa. It pays specific reference to the relationship of Article 4(h) of the AU Constitutive Act with Art 53 of the UN Charter. It also analyzes the peace operations undertaken by the AU to date.

Monday, August 5, 2013

Hilpold: The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment

Peter Hilpold (Univ. of Innsbruck - Law) has posted The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment (Max Planck Yearbook of United Nations Law, forthcoming). Here's the abstract:

The First World War led to far-reaching borders changes in Europe. As a consequence, a series of new minorities was created. In order to make sure that these minorities were treated properly and to avoid the creation of new national conflicts several states had to assume obligations for the protection of these minorities. The whole system was put under the guarantee of the League of Nations. The resulting system was an extraordinary experiment. The basis for human rights protection that should start after the Second World War was formed. The resulting system caught enormous academic interest in that time. With the failure of this system interest for the League´s minority protection rules stopped nearly at once. When interest for minority protection started again, this time at the UN level, it seemed that a wholly new basis had been found and that the inter-war experiment had been totally futile.

In this contribution it will be shown that the inter-war ideas and concepts of minority protection live on and that the insights gained in that time in the particularities of minority protection justify a return to respective literature. Furthermore, also the reasons for the demise of this system should be reconsidered. In fact, in the past all too easily the minorities themselves were held responsible for the failure of this order. In this context it is often said that minorities often behaved in a disloyal manner and therefore it was at least understandable that minority states over the years treated their minorities badly and finally denounced these obligations. In reality, however, such an attitude rests on a radical misinterpretation of the loyalty principle and on a denial of historic facts. Thereby a last and final act of injustice is set against these minorities that had to suffer enormous discrimination if not outright annihilation during the Second World War and in its immediate aftermath. It is suggested here that by a renewed academic interest for the rules on minority protection created in this period not only justice will be done to the lot of peoples that were exposed to enormous suffering but also much can be gained for present-day endeavours for minority and human rights protection.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 13, no. 3, August 2013) is out. Contents include:
  • Special Issue: The Institutional Fragmentation of Global Environmental Governance: Causes, Consequences, and Responses
    • Fariborz Zelli & Harro van Asselt, Introduction: The Institutional Fragmentation of Global Environmental Governance: Causes, Consequences, and Responses
    • Thijs Van de Graaf, Fragmentation in Global Energy Governance: Explaining the Creation of IRENA
    • Amandine Orsini, Multi-Forum Non-State Actors: Navigating the Regime Complexes for Forestry and Genetic Resources
    • Sylvia I. Karlsson-Vinkhuyzen & Jeffrey McGee, Legitimacy in an Era of Fragmentation: The Case of Global Climate Governance
    • Christoph Humrich, Fragmented International Governance of Arctic Offshore Oil: Governance Challenges and Institutional Improvement
    • Sebastian Oberthür & Justyna Pożarowska, Managing Institutional Complexity and Fragmentation: The Nagoya Protocol and the Global Governance of Genetic Resources
    • Michael Zürn Benjamin Faude, Commentary: On Fragmentation, Differentiation, and Coordination

Zyberi: An Institutional Approach to the Responsibility to Protect

Gentian Zyberi (Univ. of Oslo - Law) has published An Institutional Approach to the Responsibility to Protect (Cambridge Univ. Press 2013). The table of contents is here. Here's the abstract:
Covering the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect. It also proposes improvements to the current system of collective security and human rights protection.

Schneiderman: Resisting Economic Globalization: Critical Theory and International Investment Law

David Schneiderman (Univ. of Toronto - Law) has published Resisting Economic Globalization: Critical Theory and International Investment Law (Palgrave Macmillan 2013). Here's the abstract:
Is economic globalization irresistible? One of its main effects has been to shield financiers and investors from democratic processes deemed out-of-sync with powerful economic interests. This book is an inquiry into the ways by which citizens and states may be able to undo some of these constraints imposed by transnational legality.

Conference: Imperium iuris: Governance, Trade, Resources

The 2013 International Law Association Regional Conference will take place August 29-31, 2013, at the European Public Law Organization, Cape Sounion, Greece. The theme is "Imperium Juris: Governance, Trade, Resources." I noted the call for papers here. The program is here. Here's the idea:

On 24 September 2012 Heads of State and Government attended the High-Level meeting of the UN General Assembly on The Rule of Law at the National and International Levels reaffirmed in a solemn Declaration their "commitment to the rule of law", encompassing States and international organizations on the international level and all persons, institutions and entities, public and private, on the national level, and agreed that any "collective response to the challenges and opportunities arising from the many complex political, social and economic transformations ... must be guided by ..., as it is the foundation of friendly and equitable relations between States and the basis on which just and fair societies are built."

This Regional Conference, aptly taking place at the crossroads between the developed and the emerging world in times of global crisis, aims to concentrate on some manifestations of the rule of law, with particular reference to Governance, Trade and Resources. These areas are at the heart of current developments on the global scene, within a framework of international regulations, multiple actors, changing patterns of authority between and within States, emerging global needs leading to a renewed attention to human rights, energy and development.

In this context, this Regional Conference will explore cutting-edge issues within each field but also questions arising from the interplay between them. Panels under the general theme of Governance will provide both the background discussion on the architecture of international law and the prospects of further development in certain areas, such as the role assigned to actors on the international scene and the shifting structures of mechanisms on the protection of human rights, financial sovereignty and dispute settlement. Panels under the general theme of Trade will explore issues related to the workings of the WTO, investment and shipping. How these faces of reality in trade project into a more comprehensive system of trade governance is the natural query arising from their parallel development and invites further reflexion. Panels under the general theme Recourses will discuss new challenges pertaining to the management of shared resources, including energy and cultural resources, and their impact on sustainable development.

Within the context of international law, both private and public, academics and practitioners alike are invited to contribute their experience and expertise on the matter and explore areas of cross-fertilization in these important and continuously evolving fields.

Sunday, August 4, 2013

Conference: International Law Weekend – Midwest

The American Branch of the International Law Association's International Law Weekend – Midwest Regional Conference will take place September 19-21, 2013, at the Washington University School of Law. The theme is: "The Legal Challenges of Globalization: A View from the Heartland." The program is here.

Ragazzi: Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie

Maurizio Ragazzi has published Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013). Contents include:
  • Antônio A. Cançado Trindade, Some Reflections on Basic Issues Concerning the Responsibility of International Organizations
  • Kenneth Keith, The Process of Law-Making: the Law Relating to International Organizations as an Example
  • Sean D. Murphy, Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC’s Work Product
  • Alain Pellet, International Organizations are Definitely Not States: Cursory Remarks on the ILC Articles on the Responsibility of International Organizations
  • Michael Wood, ‘Weighing’ the Articles on Responsibility of International Organizations
  • Ranjan Amerasinghe, An Assessment of the ILC’s Articles on the Responsibility of International Organizations
  • Dan Sarooshi, International Organizations and State Responsibility
  • Chusei Yamada, Viability of the ILC’s Articles Formulated on the Basis of the Articles on State Responsibility
  • Maurizio Arcari, Parallel Worlds, Parallel Clauses: Remarks on the Relationship between the Two Sets of ILC Articles on International Responsibility and the UN Charter
  • Vincent-Joel Proulx, An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations
  • Tullio Scovazzi, Within and Beyond Mutatis Mutandis
  • Kristen Boon, The Role of Lex Specialis in the Articles on the Responsibility of International Organizations
  • Arnold N. Pronto, Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations
  • Emmanuel Roucounas, Practice as a Relevant Factor for the Responsibility of International Organizations
  • Gian Luca Burci & Clemens Feinäugle, The ILC’s Articles Seen from a WHO Perspective
  • José Manuel Cortés Martín, European Exceptionalism in International Law? The European Union and the System of International Responsibility
  • Daphna Shraga, ILC Articles on Responsibility of International Organizations: the Interplay between the Practice and the Rule (A View from the United Nations)
  • Laurence Boisson de Chazournes, United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions
  • Ross Leckow & Erik Plith, Codification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations
  • Maurizio Ragazzi, The World Bank and the ILC’s Project on the Responsibility of International Organizations
  • Robert Araujo, The Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See
  • John Dugard & Annemarieke Vermeer-Künzli, The Elusive Allocation of Responsibility to Informal Organizations: the Case of the Quartet on the Middle East
  • Rutsel Silvestre J. Martha, Attribution of Conduct after the Advisory Opinion on the Global Mechanism
  • Kazuhiro Nakatani, Responsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization
  • Paolo Palchetti, Exploring Alternative Routes: the Obligation of Members to Enable the Organization to Make Reparation
  • Pavel Šturma, The Responsibility of International Organizations and their Member States
  • Sienho Yee, ‘Member Responsibility’ for Acts of an Organization and the ILC Articles on the Responsibility of International Organizations: Some Observations
  • Sergio Puig, Responsibility of International Organizations and Justiciability of Disputes
  • Hugh Thirlway, Responsibility of International Organizations: What Role for the International Court of Justice?
  • Antonios Tzanakopoulos, The Countermeasure of Disobedience: Implementing the Responsibility of International Organizations
  • Simone Vezzani, Countermeasures by Member States against International Organizations
  • Blanca Montejo, The Notion of ‘Effective Control’ under the Articles on the Responsibility of International Organizations
  • P.S. Rao, United Nations Responsibility from Authorizing the Use of Force
  • Francesco Salerno, International Responsibility for the Conduct of ‘Blue Helmets’: Exploring the Organic Link