Saturday, January 4, 2014

Dolidze: The Arctic Sunrise and NGOs in International Judicial Proceedings

Anna Dolidze (Univ. of Western Ontario - Law) has posted an ASIL Insight on The Arctic Sunrise and NGOs in International Judicial Proceedings.

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 31, no. 4, 2013) is out. Contents include:
  • Special Section: Fragile Democracies
    • Leiry Cornejo Chavez & Andreas Føllesdal, Fragile Democracies, Strong Human Rights Courts? Comparing European and Inter-American Cases - Special Section Introduction
    • Cecilia M Bailliet, Measuring Compliance with the Inter-American Court of Human Rights: The Ongoing Challenge of Judicial Independence in Latin America
    • Kjetil Mujezinović Larsen, Compliance with Judgments from the European Court of Human Rights: The Court’s Call for Legislative Reforms
    • Leiry Cornejo Chavez, The Claude-Reyes Case of the Inter-American Court of Human Rights - Strengthening Chilean Democracy?
    • Ramute Remezaite, The Impact of the European Court of Human Rights on Democratisation in Azerbaijan: Securing Freedom of the Press

Friday, January 3, 2014

Jain: Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement

Abhimanyu George Jain (High Court of Delhi; Georgetown Univ. - Law) has posted Interpreting the 'Removal' Obligation in Article 7.8 of the WTO SCM Agreement (Manchester Journal of International Economic Law, Vol. 10, No. 3, 2013). Here's the abstract:
The meaning of the phrase ‘remove the adverse effects’ as used in Art. 7.8 of the WTO Subsidies and Countervailing Measures Agreement (SCM Agreement) is unclear; it has been explored neither in the jurisprudence of the DSM, nor in academic literature. There are three fundamental principles underlying the interpretation of the SCM agreement – avoidance of economic analyses, proscription of retrospective remedies and interpretation of ‘withdrawal’ in Art. 4.7 as prospective cessation. Based on these fundamental interpretive principles, there are several possible meanings of the removal obligation, including equivalent subsidisation, price controls and quantitative restrictions. In the absence of decisive reasons to prefer one over the other, the removal obligation should be construed as a result rather than process obligation. This analytical inquiry demonstrates the problems engendered and perpetuated by the avoidance of economic analyses in interpretation of the SCM Agreement.

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 9, no. 1, 2014) is out. Contents include:
  • Susan Ning, Liu Jia, & Sun Yiming, A Practitioner’s Look at National Security Review in China
  • David Leys, Does a Theory of Causation Exist under the WTO Safeguards Agreement?
  • Hossein Rahmanseresht & Sahar Ahmadi Partovi, Factors Affecting the Effectiveness and Success of International Road Freight Transit from Iran
  • Bernd G. Janzen & Jean-Rene Broussard, New Directions in the Perennial Struggle to Detect and Fight the Evasion of Antidumping and Countervailing Duties
  • Jeremy Zucker & Hrishikesh Hari, Gone with the Wind II: The Ralls Decision and Lessons for Foreign Investors

New Volume: Israel Yearbook on Human Rights

The latest volume of the Israel Yearbook on Human Rights (Vol. 43, 2013) is out. Contents include:
  • International Law Conference: “Cyber War and International Law” United States Naval War College, Newport, Rhode Island, 25 - 27 June 2012
    • Michael J. Glennon, The Road Ahead; Gaps, Drips, and Cyber-Conflict
    • Noam Lubell, Lawful Targets in Cyber Operations: Does the Principle of Distinction Apply?
    • William C. Banks, The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare
    • Terry D. Gill & Paul A.L. Ducheine, Anticipatory Self-Defense in Cyber Context
    • Laurie R. Blank, International Law and Cyber Threats from Non-State Actors
    • Robin Geiss, Cyber Warfare and Non-International Armed Conflicts
    • Yoram Dinstein, Concluding Remarks: Naval War College Conference on Cyber Warfare and International Law
  • Air and Missile Warfare Law of Armed Conflict
    • William H. Boothby, Unmanned Platforms in the Cyber Age
    • Ove Bring, Target Area Bombing
    • Arne Willy Dahl, Attacks in Air and Missile Warfare
    • Wolff Heintschel von Heinegg, Aerial Blockades and Zones
    • Christopher J. Markham & Michael N. Schmitt, Precision Air Warfare and the Law of Armed Conflict
  • Special Issues
    • Harry H.G. Post, International Criminal Law: Reflections on Dualism and Monism

Conference: Law of the Sea in the 21st Century: Stalemate or flexibility to address new challenges?

On March 7-9, 2014, the Walther Schücking Institute for International Law at the Christian-Albrechts-Universität zu Kiel will host a conference on "Law of the Sea in the 21st Century: Stalemate or flexibility to address new challenges?" The program is here. Here's the idea:

The Walther Schücking Institute for International Law commemorates its 100th anniversary with a series of academic events throughout the year 2014. An interest in the law of the sea was one reason for founding the Institute in 1914 and research on legal regulation of the oceans is placed high on its research agenda until today.

The workshop offers a platform to identify and discuss the need for action in contemporary “Ocean Governance”. It aims at identifying the problem areas and discussing the solutions in order to develop new approaches for policy makers.

Law of the sea is a discipline that has to be flexible to change and progress. Its governance functions are put to test by the effects of climate change and the rise of new technologies for the exploitation of marine resources, as well as by well known problems such as overfishing. Still, the view prevails that any formal amendment of the Law of the Sea Convention 30 years after its adoption is hardly promising due to the Convention‘s character as a “package deal”. The workshop will thus focus on the following questions: To what extent does the current legal framework offer room for flexibility? Are the steering mechanisms adaptable to new challenges? What effective solutions can the law of the sea offer for the identified problems?

Cremona, Hilpold, Lavranos, Schneider, & Ziegler: Liber Amicorum for Ernst-Ulrich Petersmann

Marise Cremona (European Univ. Institute - Law), Peter Hilpold (Univ. of Innsbruck - Law), Nikos Lavranos (Ministry of Foreign Affairs, The Netherlands), Stefan Staiger Schneider (European Univ. Institute - Law), & Andreas R. Ziegler (Univ. of Lausanne - Law) have published Reflections on the Constitutionalisation of International Economic Law: Liber Amicorum for Ernst-Ulrich Petersmann (Martinus Nijhoff Publishers 2013). Contents include:
  • Federico Ortino, Liberalization of Trade in Goods in the EEC: Origin and Early Evolution
  • Peter Hilpold, The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era
  • Meinhard Hilf & Tim René Salomon, Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance
  • Nikos Lavranos, The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals
  • Giuseppe Martinico, National Judges and European Laws: A Comparative Constitutional Perspective
  • Ólafur Ísberg Hannesson, Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context
  • Pedro Lomba, Constructing a ‘We’: Collective Agency and the European Union
  • Christian Joerges, Conflicts-Law Constitutionalism: Ambitions and Problems
  • Roland Bieber, Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism
  • Marise Cremona, International Regulatory Policy and Democratic Accountability: The EU and the ACTA
  • Marco Bronckers & Sophie Goelen, Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders
  • John H. Jackson, Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals
  • Peter-Tobias Stoll, Constitutional Perspectives on International Economic Law
  • Thomas Cottier, Sovereign Equality and Graduation in International Economic Law
  • Andreas R. Ziegler, International Economic Law: Still the Ugly Duckling of Public International Law?
  • Petros C. Mavroidis, Justice is Coming (. . . From Behind Closed Doors: The WTO Judges)
  • Gabrielle Marceau & Jennifer K. Hawkins, Panel Requests: What’s The Problem?
  • Chien-Huei Wu, Legal Aspects of the WTO-IMF Relationship Revisited
  • Frederick M. Abbott, Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012)
  • Antonello Tancredi, Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO
  • Edwin Vermulst, Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China
  • Lothar Ehring, Nature and Status of WTO Accession Commitments: “WTO-Plus” Obligations and Their Relationship to Other Parts of the WTO Agreement
  • Lukasz Gruszczynski, Tobacco Products in WTO Law
  • Daniel Kraus, Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health
  • Ilze Dubava, The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good
  • Giorgio Sacerdoti, Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons
  • Boris Rigod, Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis
  • Richard Senti, Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO?
  • Stefan Staiger Schneider, State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited
  • Francesco Francioni, Revisiting Sustainable Development in Light of General Principles of International Environmental Law
  • Arthur E. Appleton, Product Labelling 15 Years On: The Role of the Judiciary
  • Hans-Wolfgang Micklitz & Marco Rizzi, International Regulation and Control of the Production and Use of Chemicals “Revisited”
  • Mary E. Footer, Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis
  • Christian Tietje, The Right to Development within the International Economic Legal Order
  • Pierre Thielbörger, The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water
  • Friedl Weiss, Elusive Coherence in International Law and Institutions: The Labour–Trade Debate
  • Robert Howse, Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information

New Volume: Recueil des Cours

Volume 358 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 358
    • R.A. Brand, Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments
    • G. Hafner, The Emancipation of the Individual from the State under International Law

Thursday, January 2, 2014

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 82, no. 4, 2013) is out. Contents include:
  • Inger Österdahl, The Responsibility to Protect and the Responsibility While Protecting: Why Did Brazil Write a Letter to the UN?
  • Mostafa Mahmud Naser, Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 27, no. 4, Winter 2013) is out. Contents include:
  • Essay
    • David Scheffer, The Ethical Imperative of Curbing Corporate Tax Avoidance
  • Roundtable: The Ethics of Rebellion
    • James Turner Johnson, Ad Fontes: The Question of Rebellion and Moral Tradition on the Use of Force
    • John Kelsay, Muslim Discourse on Rebellion
    • Nigel Biggar, Christian Just War Reasoning and Two Cases of Rebellion: Ireland 1916–1921 and Syria 2011–Present
    • Valerie Morkevicius, Why We Need a Just Rebellion Theory
  • Features
    • Chris Armstrong, Sovereign Wealth Funds and Global Justice
    • Margaret Moore, On Rights to Land, Expulsions, and Corrective Justice
  • Review Essay
    • Edward Skidelsky, The Touch of Midas: Money, Markets, and Morality

Wednesday, January 1, 2014

Sari: The Status of Foreign Armed Forces Deployed in Post-Conflict Environments: A Search for Basic Principles

Aurel Sari (Univ. of Exeter - Law) has posted The Status of Foreign Armed Forces Deployed in Post-Conflict Environments: A Search for Basic Principles (in Jus Post Bellum: Mapping the Normative Foundations, Carsten Stahn, Jennifer S. Easterday & Jens Iverson eds., forthcoming). Here's the abstract:
Foreign armed forces frequently play an important part in the transition from a state of conflict to a state of peace, yet their presence more often than not is a source of controversy. Under these circumstances, we may legitimately expect the rules of international law governing the legal status of such forces to serve a dual function: the relevant rules should lay down certain general standards of behaviour and provide a framework for interaction between sending States and host States, thus injecting a measure of predictability and procedural legitimacy into an otherwise highly volatile legal and political setting. The chapter argues that two distinct concerns relating to the legal position of foreign forces arise in post-conflict situations: the effect that changes in the legal basis of their presence have on their legal status and the need to balance the principle of territorial sovereignty and the jurisdictional exemptions of foreign forces in a manner that reflects the specific features and demands of post-conflict environments. As this chapter shows, both of these two concerns point towards the need for a more contextual and dynamic understanding of the legal status of foreign forces deployed in post-conflict situations. Such an approach provides greater conceptual clarity and offers a vantage point from which the position of sending States and host States can be critically assessed.

Tuesday, December 31, 2013

New Issue: Law and Development Review

The latest issue of Law and Development Review (Vol. 6, no. 2, 2013) is out. Contents include:
  • Special Issue: Integrating Africa into the World Economy through International Economic Law
    • James Thuo Gathii, Tomer Broude, & Laurence Boulle, Integrating Africa into the World Economy through International Economic Law: An Introduction
    • Olabisi Delebayo Akinkugbe, The Dilemma of Public–Private Partnerships as a Vehicle for the Provision of Regional Transport Infrastructure Development in Africa
    • Senai W. Andemariam, The Missed and Missing Benefits to Africa in the Absence of Harmonized International Regulation of Traditional Medicinal Knowledge
    • Lorand Bartels, Making WTO Dispute Settlement Work for African Countries: An Evaluation of Current Proposals for Reforming the DSU
    • Ciaran Cross & Christian Schliemann-Radbruch, When Investment Arbitration Curbs Domestic Regulatory Space: Consistent Solutions through Amicus Curiae Submissions by Regional Organisations
    • Isabelle Deschamps, Assessing the Organisation pour l’harmonisation en Afrique du droit des affaires’s Contributions to Poverty Reduction in Africa: A Grounded Outlook
    • Malebakeng Forere, Revisiting African States Participation in the WTO Dispute Settlement through Intra-Africa RTA Dispute Settlement
    • Dennis Ndonga, Increasing Africa’s Share of Vertical Investments through Single Window Systems
    • Priscilla Schwartz, Capitalism, International Investment Law and the Development Conundrum
    • Regis Y Simo, Integrating African Markets into the Global Exchange of Services: A Central African Perspective

Monday, December 30, 2013

New Issue: World Politics

The latest issue of World Politics (Vol. 66, no. 1, January 2014) is out. Contents include:
  • Symposium: The Regime for International Investment—Foreign Direct Investment, Bilateral Investment Treaties, and Trade Agreements
    • Helen V. Milner, Introduction: The Global Economy, FDI, and the Regime for Investment
    • Beth A. Simmons, Bargaining over BITs, Arbitrating Awards: The Regime for Protection and Promotion of International Investment
    • Todd Allee & Clint Peinhardt, Evaluating Three Explanations for the Design of Bilateral Investment Treaties
    • Tim Büthe & Helen V. Milner, Foreign Direct Investment and Institutional Diversity in Trade Agreements: Credibility, Commitment, and Economic Flows in the Developing World, 1971–2007
  • Research Articles
    • Daniel W. Drezner, The System Worked: Global Economic Governance during the Great Recession

Call for Papers: Cambridge Journal of International and Comparative Law Third Annual Conference

The Cambridge Journal of International and Comparative Law has issued a call for papers for its third annual conference, which will take place May 10-11, 2014, at the University of Cambridge. The theme is "Stepping Away from the State: Universality and Cosmopolitanism in International and Comparative Law." Here's the call:

Stepping Away from the State:

Universality and Cosmopolitanism in International and Comparative Law

Call for Papers

The Cambridge Journal of International and Comparative Law (CJICL) will hold its Third Annual Conference on 10–11 May 2014 at the St John’s College Divinity School, University of Cambridge.

This conference will explore approaches that question the traditional state-centric view of international and comparative law. The idea of universality suggests that international law applies equally and indiscriminately across domestic legal systems, and within sub-systems of international law itself. Cosmopolitanism conceives of the world as a single entity, with resonances between people irrespective of their location, nationality and culture, and asks how legal actors can access legal regimes beyond their state’s domestic framework.

The CJICL welcomes a wide variety of proposals in the fields of comparative and international law (both public and private) that encompass empirical approaches, theoretical discussions and perspectives from practice. Research topics related to the theme of this conference include (but are not limited to):

  • The universality of international law as a moral principle, especially the interaction between such a principle and the consensual theory of international law;
  • The idea of a global public law that recognises the legal personality of actors other than states, including international organisations, individuals, corporations and NGOs;
  • The extent to which international law is a cohesive corpus as opposed to a fragmented collection of related but fundamentally separate legal regimes;
  • Theoretical perspectives on cosmopolitanism and comparative law methodology;
  • Historical perspectives on citizenship, including the rights and duties of citizens in individual jurisdictions;
  • Analysis of concrete examples of cosmopolitanism in private law institutions, including contracts and trusts;
  • The growth of international arbitration as an instrument of cosmopolitanism; and
  • Dialogues between courts in different jurisdictions as expressions of universality and/or cosmopolitanism.

Abstract submissions must be no longer than 300 words in length and should be accompanied by a brief biography or CV. The closing date for submissions is 26 January 2014. Successful applicants will be informed by 10 February 2014 and must submit their papers by 27 April 2014. Applications should be submitted at

Conference papers should be no longer than 10,000 words, including footnotes. A selection of papers will be considered for publication in a special issue of the CJICL (volume 3 issue 4) and abstracts should be submitted on the basis that the subsequent paper will be available for publication.

General registration for the conference will open in mid February 2013 on our website, Numbers are limited and early registration is highly recommended.

Sunday, December 29, 2013

Mercurio & Ni: Science and Technology in International Economic Law: Balancing Competing Interests

Bryan Mercurio (Chinese Univ of Hong Kong - Law) & Kuei-Jung Ni (National Chiao Tung Univ. - Law) have published Science and Technology in International Economic Law: Balancing Competing Interests (Routledge 2014). The table of contents is here. Here's the abstract:
Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development.