Neither universalism nor isolationism can be regarded as legitimate representations of a pluralist global society. In economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the reality of an enlarged EU and other altered economic contingencies, this essay explores a number of relevant disputes on investor protection obligations and state aid control. Eventually, the essay advocates a model based on enhanced systematic – and thus open – communication across various constituencies and a more perceptive contemplation of the interactions between state and non-state trade governance as ground for a new conception of international trade relations in the new millennium.
Saturday, August 6, 2016
Matei & Ciurtin: Turning Enemies into Adversaries: TTIP Negotiations and the Quest for a New Westphalia Momentum
Janik: The End of Democracy
‘May you live in interesting times’ – the Chinese curse has penetrated world politics in recent years. Long gone seem the days when Francis Fukuyama emphatically declared the End of History back in the spring of 1989. [...]
New Volume: European Yearbook on Human Rights
New Volume: European Yearbook of International Economic Law
- Part I Topics: Critical Perspectives on International Economic Law
- Sol Picciotto, Critical Theory and Practice in International Economic Law and the New Global Governance
- David Schneiderman, Global Constitutionalism and International Economic Law: The Case of International Investment Law
- Ernst-Ulrich Petersmann, From Fragmentation to Constitutionalisation of International Economic Law? Comments on Schneiderman’s ‘Constitutionalism’
- Melaku Geboye Desta, Trade in Agricultural Products: Should Developing Countries Give Up on the WTO Promise for a Fair and Market-Oriented Agricultural Trading System? A Historical and Theoretical Analysis
- Christian Häberli, Agricultural Trade: How Bad Is the WTO for Development?
- Jane Kelsey, From GATS to TiSA: Pushing the Trade in Services Regime Beyond the Limits
- Panagiotis Delimatsis, Trade in Services and Regulatory Flexibility: 20 Years of GATS, 20 Years of Critique
- Carlos M. Correa, The Current System of Trade and Intellectual Property Rights
- Nuno Pires de Carvalho, The Current System of Intellectual Property Rights Aims to Promote Trade and Not Innovation
- Muthucumaraswamy Sornarajah, International Investment Law as Development Law: The Obsolescence of a Fraudulent System
- Roberto Echandi, Be Careful with What You Wish: Saving Developing Countries from Development and the Risk of Overlooking the Importance of a Multilateral Rule-Based System on Investment in the Twenty-First Century
- Kate Miles, Investor-State Dispute Settlement: Conflict, Convergence, and Future Directions
- Stephan W. Schill, In Defense of International Investment Law
- Celine Tan, Shifting Sands: Interrogating the Problematic Relationship Between International Public Finance and International Financial Regulation
- Christian Tietje, Problematic Relationships: Why International Economic Law Is Sometimes More Complicated Than It Appears
- Peter Muchlinski, Regulating Multinational Enterprises
- Ibrahim Kanalan, Horizontal Effect of Human Rights in the Era of Transnational Constellations: On the Accountability of Private Actors for Human Rights Violations
- Sarah Joseph, Human Rights and International Economic Law
- Lorand Bartels, International Economic Law and Human Rights: Friends, Enemies or Frenemies?
- Part II Regional Developments: Focus on Megaregionals and Plurilaterals
- Meredith Kolsky Lewis, The United States’ Path to Concluding the Trans-Pacific Partnership: Will TPA + TAA = TPP?
- Henry Gao, TPP, Regulatory Coherence and China’s Free Trade Strategy from A to Z
- Bryan Mercurio, The Flow-On Effect: How the TPP Will Re-Shape Trade Relations in East Asia
- Jan Kleinheisterkamp & Lauge N. Skovgaard Poulsen, Investment Protection in TTIP: Three Feasible Proposals
- Simon Lester, Six Degrees of Integration: How Closely Will the TTIP Integrate the Transatlantic Market?
- Charlotte Sieber-Gasser, TTIP and Swiss Democracy
- Azwimpheleli Langalanga & Peter Draper, Locating African Countries within Mega-Regionals
- Vincent Angwenyi, The Tripartite Free Trade Area: A Step Closer to the African Economic Community?
- Emmanuel Opoku Awuku, Developing and Least-Developed Countries and Mega-Regional Trade and Investment Agreements
- Billy A. Melo Araujo, The Trade in Services Agreement (TiSA): Assessing the State of Play and Potential Pitfalls
- Part III International Economic Institutions
- Jan Bohanes, Alejandro Sánchez, & Alexandra Telychko, Overview of WTO Jurisprudence in 2014
- Catharine Titi, Recent Developments in International Investment Law
- Ludwig Gramlich, Recent Developments in IMF Policies and Activities
- Elisabeth Tuerk & Diana Rosert, The Road Towards Reform of the International Investment Agreement Regime: A Perspective from UNCTAD
- Carsten Weerth, Recent Developments in the World Customs Organization
Raustiala: Governing the Internet
This essay explores why the United States is relinquishing an important source of power over the Internet, and what this means for both users of the Internet and scholars of global governance. The Internet began as a niche tool of engineers and academics, funded by the Department of Defense. Governance was loosely exercised by an insular group of enthusiasts and experts. By the 1990s, as the Internet grew rapidly, control was asserted more directly by the US government. Significant power was delegated to the Internet Corporation for Assigned Names and Numbers (ICANN), a California non-profit. In June 2016, the Obama administration approved ICANN’s proposal for independent management of the critical “naming and numbering” function of the Internet. ICANN — governed by a complex multistakeholder structure that incorporates many non state actors — will directly control what is essentially the address book of the Internet. By delegating more autonomy to ICANN, the US will strengthen multistakeholderism, not just for ICANN, but as a broader principle of global governance. The Internet has been, over the past two decades, a central site of struggle between multistakeholderism and multilateralism. By relinquishing its role as primus inter pares among states, the US seemingly will lose an important source of power over the Internet. And yet even as its power is diminished, the achievement of its preferences will be strengthened. This somewhat paradoxical story has important lessons not only for the exercise of state power over the Internet but also for the evolution of global governance in a time when increasing numbers of nonstate actors across a range of international issues have achieved substantial participatory roles.
Friday, August 5, 2016
Kontorovich & Parisi: Economic Analysis of International Law
- Eugene Kontorovich & Francesco Parisi, The Economics of International Law: An Introduction
- Enrico Spolaore, The Economics of Political Borders
- Bridget L. Coggins & Ishita Kala, The Economics of State Emergence and Collapse
- Abraham Bell, Economic Analysis of Territorial Sovereignty
- Francesco Parisi and Daniel Pi, The Economic Analysis of International Treaty Law
- Andrew Guzman, Soft Law
- Francesco Parisi & Daniel Pi, The Emergence and Evolution of Customary International Law
- Paul B. Stephan, Treaty Enforcement
- Tom Ginsburg, The Interaction Between Domestic and International Law
- James D. Morrow, Atrocity, Policy, and the Laws of War: What does Political Science have to say to Law?
- Anne van Aaken & Tomer Broude, Behavioral Economic Analysis of International Law
Thursday, August 4, 2016
New Issue: African Journal of International and Comparative Law
- Gebreyesus Abegaz Yimer, Standards for Provisional and Protective Measures in Civil Litigation: What Ethiopian Courts may Learn from US Courts
- Tapiwa Shumba, The New Global Economic Order as a Stimulus for Harmonising the Law of Sale in the Southern African Development Community (SADC) Region
- Florence Shu-Acquaye, The Decline of HIV/AIDS: A New Paradigm in Sub-Saharan Africa?
- Gloria C. Nwafor & Anthony O. Nwafor, Right to Healthcare of Victims of Ebola Virus Disease: The West African Nations' Experience
- Rachael Eben, A Systemic Appraisal of Nigeria's Vessel-Source Compensation Regimes for Spill Victims
- Samson Odetayo, A Critical Assessment of the Validity and Recognition of Same-Sex Marriage under the Nigerian Legal System
- Ibrahim Imam & M. A. Abdulraheem-Mustapha, Rights of People with Disability in Nigeria: Attitude and Commitment
Chaisse & Lin: International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita
- Julien Chaisse & Tsai-yu Lin, Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita
- William J. Davey, Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita
- Claus-Dieter Ehlermann, The Dispute Settlement System of the WTO: A Bright Picture with a Few Dark Spots
- Frieder Roessler, The Scope of Regulatory Autonomy of WTO Members under Article III.4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body
- Ernst-Ulrich Petersmann, How to Reconcile Health Law and Economic Law with Human Rights? Looking for Hercules in the WTO Appellate Body
- Joel P. Trachtman, The WTO Jurisprudence of Article XX(g) and the Conservation of Natural Resources
- Yasuhei Taniguchi & Tomoko Ishikawa, Balancing Investment Protection and Other Public Policy Goals: Lessons from World Trade Organization (WTO) Jurisprudence
- Chin Leng Lim, Trade Law and the Vienna Treaty Convention's Systemic Integration Clause
- Meredith Kolsky Lewis, When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence
- Jaemin Lee, Taming Investor-State Arbitration? Joint Committees and Binding Interpretations
- Luke Nottage, The Limits of Legalization in Asia-Pacific Investment Treaty Arbitration?
- Jan Wouters, The Interplay between the G20 and the WTO: Informal Law-making in Action
- Rolf H. Weber, Unfinished Business - Competition Law and the WTO
- Frederick M. Abbott, Competition Law in Emerging Markets: the virtue of regulatory diversity
- Julien Chaisse, Untangling the Triangle - Issues for State-Controlled Entities in Trade, Investment and Competition Law
- Chien-Huei Wu, In Search of Coherence: Navigating the WTO in the Universe of International Law
- Thomas J. Schoenbaum, Natural Resources and the Rules of the Multilateral Trading System: A Sustainable Perspective
- Tsai-yu Lin, Facilitating Coherent Application of WTO Law within and outside the Organization: Investment Regime as an Example
- Won-Mog Choi, Reinterpretation of the National Treatment Principle: Making International Economic Law a Friend of Global Governance of Environmental Protection
- Shin-yi Peng, The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?
- Bernard Hoekman & Petros Mavroidis, Members Only: Embracing Diversity in the WTO
- David Gantz & Laura Nielsen, TTIP and the post-Bali WTO: Toward a New World Trade Order?
- Junji Nakagawa, Regulatory Co-operation through Mega-FTAs: Possibilities and Challenges
- R.V. Anuradha, Rise of the Plurilaterals: Threat or Opportunity for Multilateral Trade Governance
- Bryan Mercurio, Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS - Some certainty and several lingering questions
- Raj Bhala, Trans-Pacific Partnership Intellectual Property Controversies
- Chi Carmody, Interdependence and the WTO Agreement as a 'Contractual Constitution'
- Chang-fa Lo, Bridging Global and Regional Governance of International Trade
- R. Rajesh Babu, Decision-making in the WTO: From negotiated law-making to judicial law-making
- Dukgeun Ahn, Legal Development of WTO Trade Remedy Practices in East Asia
- Yuka Fukunaga, A Managerial Approach to Secure Compliance with the SPS Agreement
- Julio A. Lacarte Muró, Conclusion - Thoughts on the WTO's next Twenty Years
Wednesday, August 3, 2016
Call for Submissions: 8th GoJIL Student Essay Competition
New Issue: Journal of Conflict & Security Law
- Masahiko Asada, A Path to a Comprehensive Prohibition of the Use of Chemical Weapons under International Law: From The Hague to Damascus
- Ray Murphy, UN Peacekeeping in the Democratic Republic of the Congo and the Protection of Civilians
- Amy Barrow, Operationalizing Security Council Resolution 1325: The Role of National Action Plans
- Tim Wood, ‘A Few Rotten Apples’: A Review of Alleged Detainee Abuse by British Personnel in Iraq Following the Al Sweady Inquiry. Is There Still a Case to Answer?
- Rob McLaughlin & Hitoshi Nasu, The Law’s Potential to Break—Rather Than Entrench—the South China Sea Deadlock?
- Csaba Törő, The Practice and Patterns of EU Military Operations in Concert with the United Nations
Bodansky: Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization
Three international regimes are relevant to the regulation of greenhouse gas emissions from maritime transport: (1) the UN climate change regime; (2) the International Maritime Organization; and (3) the UN Law of the Sea Convention (UNCLOS). This essays surveys the three regimes and their interactions, focusing on the International Maritime Organization and, in particular, the 2011 amendments to MARPOL Annex VI. Although the MARPOL Annex VI amendments constitute the only binding sectoral agreement adopted to date to limit greenhouse gases, IMO action falls well short of what is needed to combat climate change, and it is unclear whether and when the IMO might adopt additional measures, such as a market-based mechanism.
ESIL Lecture Series (Video)
- James Hathaway, "Fixing the Refugee System," University of Amsterdam, May 13, 2016
Hauck & Peterke: International Law and Transnational Organised Crime
- Arndt Sinn, Transnational Organised Crime: Concepts and Critics
- Thomas Feltes, Transnational Organised Crime and its Impacts on States and Societies
- Frank G. Madsen, The Historical Evolution of the International Cooperation against Transnational Organised Crime: an Overview
- Bernd Hecker, The EU and the Fight against Organised Crime
- Bettina Weißer, Transnational Organised Crime and Terrorism
- Richard Vogler, The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) and the Global Drug Prohibition Regime
- Neil Boister, The UN Convention against Transnational Organised Crime (2000)
- Hans-Joachim Heintze & Charlotte Lülf, The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons (2000)
- Andreas Schloenhardt, The UN Protocal against the Smuggling of Migrant by Land, Sea, and Air (2000)
- Aaron X. Fellmeth, The UN Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components, and Ammunition (2001)
- Michael Kubiciel, The UN Convention against Corruption (2003) and Related Documents
- Louis de Koker, Transnational Organised Crime and the Anti-Money Laundering Regime
- Hennie Strydom, Transnational Organised Crime and the Illegal Trade in Endangered Species of Wild Fauna and Flora
- Thorsten Müller, Transnational Organised Crime and the Sale of Children, Child Prostitution, and Pornography
- Bernhard Kretschmer, Transnational Organised Crime and Cultural Property
- Marco Gercke, Transnational Organised Crime and Cybercrime
- Gideon Boas, International Law of the Use of Force and Transnational Organised Crime
- Joachim Wolf & Sven Peterke, International Humanitarian Law and Transnational Organised Crime
- Andrew Clapham, International Human Rights Law and Transnational Organised Crime
- Alexander Proelss, The Law of the Sea and Transnational Organised Crime
- Pierre Hauck, International Criminal Law and Transnational Organised Crime
- Rob Wainwright, International Policing of TOC, International Cooperation, and Exchange of Information
- Jürgen Stock, Policing TOC, Tactics and Strategies, Technological Means for Fighting Crime and Efficiency
Thornberry: The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary
The Convention on the Elimination of All Forms of Racial Discrimination is the centrepiece of international efforts to address racial discrimination, defined in broad terms to include discrimination based on skin colour, descent, ethnic, and national origin. Victims of discrimination within the scope of the Convention include minorities, indigenous peoples, non-citizens, and caste or descent groups. Virtually all national societies are diverse in terms of ethnicity or 'race' and none is free from discrimination, making it one of the great issues of our time.
Against the background of international human rights standards and mechanisms to counter racial and ethnic discrimination, this book provides the first comprehensive legal analysis of the provisions of the Convention on an article-by article basis. The book addresses the place of the Convention within the broader framework of United Nation's action against discrimination. The different chapters analyse and discuss broad topics of race, ethnicity, and international law, the genesis and drafting of the Convention, the aims and objectives of the Convention in light of its preamble, and principles of non-discrimination and equality. In particular, the book includes a critical appraisal of the contribution of the Convention to the eradication of racial discrimination. It also reflects on whether there is scope for modification of the substance or procedures of the Convention in light of challenges arising from enhanced transnational population movements, the intersection between discrimination on the ground of race and discrimination against religious communities, and the intersection of racial and gender-based discrimination.
AJIL Unbound Symposium: Theorizing TWAIL Activism
Tuesday, August 2, 2016
New Issue: European Journal of International Relations
- Eric Van Rythoven, The perils of realist advocacy and the promise of securitization theory: Revisiting the tragedy of the Iraq War debate
- Geoff Dancy, Human rights pragmatism: Belief, inquiry, and action
- Uriel Abulof, We the peoples? The strange demise of self-determination
- Laura Gómez-Mera, Regime complexity and global governance: The case of trafficking in persons
- Dongwook Kim, International non-governmental organizations and the abolition of the death penalty
- Constance Duncombe, Representation, recognition and foreign policy in the Iran–US relationship
- Michal Natorski, Epistemic (un)certainty in times of crisis: The role of coherence as a social convention in the European Neighbourhood Policy after the Arab Spring
- James Eastwood, ‘Meaningful service’: Pedagogy at Israeli pre-military academies and the ethics of militarism
- Daniela Donnini Macciò, Ethics, economics and power in the Cambridge Apostles’ internationalism between the two world wars
New Issue: Global Governance: A Review of Multilateralism and International Institutions
- The Global Forum
- Melissa Labonte & Gaynel Curry, Women, Peace, and Security: Are We There Yet?
- Mason Richey & Ohn Daewon, Pay the Polluter: Why South Korea and Japan Should Fund Abatement in China
- Outi Keranen, What Happened to the Responsibility to Rebuild?
- Sophie Harman, The Bill and Melinda Gates Foundation and Legitimacy in Global Health Governance
- Nina W.T. Hall, A Catalyst for Cooperation: The Inter-Agency Standing Committee and the Humanitarian Response to Climate Change
- Bas Hooijmaaijers & Stephan Keukeleire, Voting Cohesion of the BRICS Countries in the UN General Assembly, 2006-2014: A BRICS Too Far?
- Adrian Bazbauers, The World Bank as a Development Teacher
- James Scott, The International Politics of South-South Trade
Monday, August 1, 2016
New Issue: Leiden Journal of International Law
- Sara Kendall, On Academic Production and the Politics of Inclusion
- International Legal Theory: Symposium on Martti Koskenniemi's From Apology to Utopia
- Jean d'Aspremont, Martti Koskenniemi, the Mainstream, and Self-Reflectivity
- Akbar Rasulov, From Apology to Utopia and the Inner Life of International Law
- John Haskell, From Apology to Utopia’s Conditions of Possibility
- Justin Desautels-Stein, From Apology to Utopia’s Point of Attack
- Sahib Singh, Koskenniemi's Images of the International Lawyer
- Martti Koskenniemi, What is Critical Research in International Law? Celebrating Structuralism
- International Law and Practice: Symposium on the Fight against ISIL and International Law
- Théodore Christakis, Editor's Introduction
- Karine Bannelier-Christakis, Military Interventions against ISIL in Iraq, Syria and Libya, and the Legal Basis of Consent
- Olivier Corten, The ‘Unwilling or Unable’ Test: Has it Been, and Could it be, Accepted?
- Nicholas Tsagourias, Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule
- Vaios Koutroulis, The Fight Against the Islamic State and Jus in Bello
- Hague International Tribunals: International Court of Justice
- Peter Quayle, Treaties of a Particular Type: The ICJ's Interpretative Approach to the Constituent Instruments of International Organizations
- International Criminal Courts and Tribunals
- Miles Jackson, The Attribution of Responsibility and Modes of Liability in International Criminal Law
- Marjolein Cupido, Common Purpose Liability Versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories
- Vincent Chetail, Is There any Blood on my Hands? Deportation as a Crime of International Law
Sunday, July 31, 2016
Chilton & Posner: Respect for Human Rights: Law and History
Several recent studies have found a positive, statistically significant correlation between ratification of human rights treaties and respect for human rights. Some commentators have interpreted these results as evidence of the causal effect of international human rights law on human rights outcomes. We revisit this debate and present evidence that for two treaties — the Convention on Elimination of Discrimination Against Women and the Convention Against Torture — these results disappear once time trends are taken into account. Our evidence suggests that recent improvements in human rights are attributable to long running trends that pre-date the emergence of the relevant treaty regimes.