- Lisa L. Martin, International institutions: weak commitments and costly signals
- Hendrik Huelss, After decision-making: the operationalization of norms in International Relations
- David Roth-Isigkeit, The blinkered discipline?: Martti Koskenniemi and interdisciplinary approaches to international law
- Tore Vincents Olsen & Christian F. Rostbøll, Why withdrawal from the European Union is undemocratic
- Sean Fleming, Moral agents and legal persons: the ethics and the law of state responsibility
Saturday, October 28, 2017
- Manisuli Ssenyonjo, African States Failed Withdrawal from the Rome Statute of the International Criminal Court: From Withdrawal Notifications to Constructive Engagement
- Jennifer Trahan, The International Criminal Court’s Libya Case(s)—The Need for Consistency with International Human Rights as to Due Process and the Death Penalty
- Mwiza Jo Nkhata, The Malawi-Rwanda Extradition Treaty of February 2017: An Arrangement of Convenience or a Convenience of Arrangement?
- Auriane Botte-Kerrison, Responsibility for Bystanders in Mass Crimes: Towards a Duty to Rescue in International Criminal Justice
- Benedict Abrahamson Chigara, The Administration of International Law in National Courts and the Legitimacy of International Law
- Catherine S. Namakula, The Human Rights Mandate of a Prosecutor of an International Criminal Trial
- Anni Pues, Discretion and the Gravity of Situations at the International Criminal Court
Friday, October 27, 2017
- Philipp Kastner, Introduction: International criminal law in context
- Gerry Simpson, The conscience of civilisation, and its discontents: a counter history of international criminal law
- Frédéric Mégret, The subjects of international criminal law
- Wendy Lambourne, The idea of transitional justice: international criminal justice and beyond
- Eyal Mayroz, Genocide: to prevent and punish "radical evil"
- Raphaëlle Nollez-Goldbach, Crimes against humanity: the concept of humanity in international law
- Dale Stephens & Thomas Wooden, War crimes: increasing compliance with international humanitarian law through international criminal law?
- Rosemary Grey, Sexual and gender-based crimes
- Sean Richmond, The crime of aggression: shifting authority for international peace?
- Kamari Maxine Clarke, Rethinking liberal legality through the African Court on Justice and Human Rights: re-situating economic crimes and other enablers of violence
- Timothy William Waters, The ad hoc tribunals: image, origins, pathways, legacies
- Philipp Kastner, Hybrid tribunals: institutional experiments and the potential for creativity within international criminal law
- Christian M. De Vos, The International Criminal Court: between law and politics
- Fannie Lafontaine & Sophie Gagné, Complementarity revisited: national prosecution of international crimes and the gaps in international law
- Yvonne McDermott, The influence of international human rights law on international criminal procedure
- Mark A. Drumbl, ‘And where the offence is, let the great axe fall’: sentencing under international criminal law
- Stephen Smith Cody & Eric Stover, The role of victims: emerging rights to participation and reparation in international criminal courts
Ethics & International Affairs, the quarterly peer-reviewed publication of the Carnegie Council, is pleased to invite submissions for upcoming issues.
The journal bridges the gap between theory and practice by featuring articles, essays, and book reviews that integrate rigorous thinking about principles of ethics and justice into discussions of practical issues related to current policy developments, global institutional arrangements, and the conduct of important international actors.
In 2018, the editors are particularly interested in articles for peer review that address the following broad topics:
Emerging technologies, including artificial intelligence, advanced weapons, cyberspace, and climate geoengineering.
Issues of gender, women, and children, including feminist ethics, gender and development, women and children’s rights, and women and war.
Global health, including the right to health, health governance, health and climate change, and health equity.
We welcome both individual papers and proposals for special sections and symposia. We accept submissions on a rolling basis and strive to complete our rigorous peer review process within three months.
For our submission guidelines, please see here
Public International Law
- Rodman Bundy (Eversheds Harry Elias), Inaugural Lecture: The Practice of International Law
- Alain Pellet (l’Université Paris-Nanterre), Cours général Le droit international public à la lumière de la pratique - pour une théorie de la réalité
- Carlos Espósito (Universidad Autónoma de Madrid), International Law and Technology
- Keun-Gwan Lee (Seoul National University), The Return of Displaced Cultural Objects to Their Countries of Origin
- Fatsah Ouguergouz (La Commission d’enquête des Nations Unies sur le Burundi), Le droit international africain et la protection des droits de l’individu
- Photini Pazartzis (l’Université nationale et capodistrienne d’Athènes), La réparation dans le contentieux international
- Lavanya Rajamani (Centre for Policy Research, New Delhi), The International Climate Change Regime
- Dan Sarooshi (University of Oxford), The Immunities of States and International Organizations in Domestic Legal Systems
Private International Law
- Jean-Michel Jacquet (l’Institut de hautes études internationales et du développement, Genève), Conférence inaugurale Droit international privé et arbitrage commercial international
- Luca G. Radicati di Brozolo (Catholic University of the Sacred Heart, Milan), General Course: The Legal Framework of International Commercial Relations
- Louis d’Avout (l’Université Paris II (Panthéon-Assas)), L’entreprise et les conflits internationaux de lois
- Gilles Cuniberti (l’Université du Luxembourg), Le fondement de l’effet des jugements étrangers
- Felix Dasser (University of Zurich), Soft Law in International Commercial Arbitration
- Cristina González Beilfuss (University of Barcelona), Party Autonomy in International Family Law
- Ruth L. Okediji (Harvard University), Developing Countries and the International Intellectual Property System
- Marc-Philippe Weller (l’Université de Heidelberg), La méthode tripartite du droit international privé contemporain
- Diane Pamela Wood (Judge, United States Court of Appeals for the Seventh Circuit), Extraterritorial Enforcement of Regulatory Laws
Gaillard & Bermann: Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958
The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention, including judges, arbitrators, practitioners, academics and Government officials.
The Guide gives clear expression to the principal finding of extensive research, namely, that the Contracting States have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.
Thursday, October 26, 2017
International organizations have been with us for a long time. They are now cardinal actors in international life, law and politics, a critical role which was probably not fully anticipated at their inception in the mid-nineteenth century.
It is frequently acknowledged that, especially since the creation of the United Nations in 1945, the role of organizations has increased exponentially. Today over 600 international intergovernmental organizations are active in virtually all areas of human activity, including (but not at all limited to) environmental protection; peace and security; health; trade; food and agriculture; technology; human rights; rail transport; and space travel. Organizations are platforms for State action, but they also operate as independent actors. Indeed, next to States, organizations are key participants in international legal affairs. In the same vein, many of the resolutions, decisions, statements and drafts produced by international organizations have lasting relevance for the development and interpretation of international law and its main rules. In addition, international organizations and their institutional structure have themselves been elevated into an important object of study and numerous scholarly works on international organizations are produced every year. Issues of international norm-creation, decision-making, and immunity of organizations before domestic courts, to name but a few, continue to be topical and extensively studied.
While there is general agreement on the increasing role played by international organizations, the actual extent of this role and the implications thereof remain the object of intense debate in legal and scholarly commentaries. Indeed, organizations today seem to be simultaneously acclaimed and abhorred; deemed to be the guardian of the international order and the cause of international disorder; taken as the monitors of fundamental rights and the villains of the international rule of law. By the same token, there is a wide range of understandings of what constitutes an ‘international organization’, ranging from an inter-state treaty regime to an autonomous constitutional subject with its own legal order. In this sense, international organizations and their contribution to global governance have perhaps never been as discussed and contested as they are today.
It is in this context that Oxford International Organizations (OXIO) has been built, with the aim of providing practitioners, scholars, legal advisers, policy-makers, and observers of international relations with the most precise, holistic and up-to-date picture of the acts of international organizations possible, and with an increased understanding of the contribution of these organizations. OXIO is the first database for analyzing and understanding key documents of international organizations. Each document is accompanied by a concise expert commentary. In order to capture the full bearing of international organizations on various substantive areas of international law as well as on the field of international institutional law in particular, OXIO includes, but is not limited to, resolutions and decisions of organizations, draft normative texts prepared within the framework of organizations, and constituent instruments of organizations. It also contains court decisions relevant for the institutional law of organizations as well as, occasionally, a treaty to which an organization is a party, where this brings light to issues of institutional law. Until now, there have been no such collection of documents spanning all organizations and areas of international law. OXIO is a unique repository which brings together a variety of documents that have never been consolidated in one single tool – a tool that will be constantly updated with the latest documents and acts of international organizations.
For the sake of OXIO, ‘international organization’ refers to an intergovernmental organization established between states or other international legal actors by a treaty or other instrument possessing at least some permanence of structure. ‘Non-governmental organizations’ (NGOs) are excluded from the scope of OXIO. Yet, OXIO is keen to take into account the fringes of the intergovernmental category so defined. Thus, a document of the G20 (an intergovernmental platform with probably an insufficient degree of permanence to qualify as a traditional ‘international organization’) could be relevant for an OXIO headnote. The same holds for a document pertaining to a ‘public-private partnership’ (where the private party-component would preclude it from qualifying as a traditional ‘international organization’).
The Editors are proud to introduce OXIO to the community of all those who are interested in international organizations, and commend Oxford University Press for facilitating the creation of such an innovative and unprecedented database which will allow practitioners, scholars, legal advisers, policy-makers and observers of international relations and global governance to have at their disposal the most extensive, consolidated and updated database on international organizations and their contribution to international life, law, and politics.
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
Wednesday, October 25, 2017
Hulsebosch & Golove: 'The Known Opinion of the Impartial World': Foreign Relations and the Law of Nations in the Federalist
Conventional accounts of The Federalist tend to overlook a critical and uncontroversial fact about the Constitution: the principal function it assigned the proposed new government was the conduct of the Union’s foreign affairs. By neglecting this simple point, readers too often are led to miss the forest for the trees. The Federalist’s central task was not to offer a general blueprint for republican government but, rather, to demonstrate the depth of the Confederation’s failures in foreign affairs and to explain why the new federal government would both govern more effectively in that realm and not imperil the republican commitments of the Revolution. This insight, in turn, reveals another: Even when The Federalist focuses on themes that seem far removed from the problem of foreign affairs — whether in analyzing the general principles of federalism or the separation of powers, the importance of energy in the executive or independence in the judiciary, or the deficiencies of popular assemblies — foreign affairs remains its ultimate subject. It was while developing a theory adequate to explain the interrelation between domestic and foreign governance that the authors of The Federalist were led to their deepest insights. Borrowing from Scottish Enlightenment ideas — which they filtered through their political experiences under the Confederation — they rooted their argument in theories of human nature and the social psychology of governance, which they then applied not only to diagnose the causes of the Confederation’s failings but also to explain the institutional arrangements that could overcome them. The result was an account of how the new federal government would be able to limit the influence of the destructive passions over the making of foreign policy and thereby take advantage of the bounded possibilities of peaceable, productive international relations.
- Prosecutor v. Stanišić and Simatović, Appeal Judgement (ICTY), with introductory note by Scott W. Lyons
- African Commission on Human and Peoples' Rights v. Republic of Kenya (Afr. Ct. H.P.R.), with introductory note by Philip C. Aka
- F.G. v. Sweden (Eur. Ct. H.R.), with introductory note by Salvatore Fabio Nicolosi
- European Commission v. Italian Republic (CJEU), with introductory note by Melissa Pace
- United Nations Security Council Resolution 2288, with introductory note by Kristen Boon
- Focus: International Law in Regional and Domestic Legal Systems
- Massimo Iovane & Daniele Amoroso, Introduction
- Sergei Yu. Marochkin, A Russian Approach to International Law in the Domestic Legal Order: Basics, Development and Perspectives
- Ikboljon Qoraboyev & Emre Turkut, International Law in the Turkish Legal Order: Transnational Judicial Dialogue and the Turkish Constitutional Court
- Vinai Kumar Singh, International Treaties and the Indian Legal System: New Ways Ahead
- Giovanni Zarra, The Interference of ICSID Provisional Measures with National Criminal Proceedings
- Michail Vagias, Revocation of Enduring Amnesties vs. Principle of Legality: Jurisprudential Contestations Between the Inter-American Court of Human Rights and Domestic Courts
- Eva Kassoti, Between Völkerrechtsfreundlichkeit and Realpolitik: The EU and Trade Agreements Covering Occupied Territories
- Andrea Spagnolo, The Loan of Organs Between International Organizations as a “Normative Bridge”: Insights from Recent EU Practice
- Francesco Seatzu, On the Unbearable Lightness of the Effects of Public International Law within the Andean Legal System
- Francesca Fiorentini & Andrzej Jakubowski, Istria’s Artistic and Spiritual Heritage in Abeyance: International Cooperation and Cultural Community Rights
- Yota Negishi, Conventionality Control of Domestic “Abuse of Power”: Maintaining Human Rights and Democracy
- Massimiliano Montini, The Double Failure of Environmental Regulation and Deregulation and the Need for Ecological Law
- Notes and Comments
- Maria Rosaria Mauro, A Step Back in the Protection of Migrants’ Rights: The Grand Chamber’s Judgment in Khlaifia v. Italy
- Leonardo Borlini, The North Korea’s Gauntlet, International Law and the New Sanctions Imposed by the Security Council
- Stefano Silingardi, The United Kingdom’s Involvement in the 2003 Iraqi War: Jus Ad Bellum and Jus in Bello Issues Before the Iraq (Chilcot) Inquiry
Although the US has consistently relied on the ICJ’s doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has been almost completely ignored both by legal scholars and by the ICJ itself. This article attempts to fill that lacuna. In particular, by focusing on debates in a variety of areas of international law – with particular emphasis on the jus ad bellum and jus in bello – it addresses two questions: (1) what makes a state “specially affected”? and (2) what exactly is the importance of a state qualifying as “specially affected” for the formation of custom? The article concludes not only that the US approach to the doctrine of specially-affected states is fatally flawed, but also that a more theoretically coherent understanding of the doctrine would give states in the Global South power over custom formation that the US and other Global North states would never find acceptable.
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, & Josephine van Zeben, Expanding the Scope of Transnational Environmental Law
- Louis J. Kotzé & Paola Villavicencio Calzadilla, Somewhere between Rhetoric and Reality: Environmental Constitutionalism and the Rights of Nature in Ecuador
- Roderic O’Gorman, Environmental Constitutionalism: A Comparative Study
- Werner Scholtz, Injecting Compassion into International Wildlife Law: From Conservation to Protection?
- Alexia Staker, Should Chimpanzees Have Standing? The Case for Pursuing Legal Personhood for Non-Human Animals
- Sean Whittaker, The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing
- Huiyu Zhao & Robert Percival, Comparative Environmental Federalism: Subsidiarity and Central Regulation in the United States and China
Tuesday, October 24, 2017
- Carsten Stahn, Jens Iverson, & Jennifer Easterday, Introduction
- Carl Bruch, Peacebuilding and the Environment
- Cymie R. Payne, Defining the 'Environment' and the Principle of Environmental Integrity
- Simon O'Connor, Considering the 'Harm Principle', Environmental Damage, and Armed Conflict
- Kirsten Stefanik, The Environment and Armed Conflict: Employing General Principles to Protect the Environment
- Britta Sjöstedt, Protecting the Environment During and After Armed Conflict through Multilateral Environmental Agreements
- Karen L. Hulme, Using Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation
- Daniëlla Dam, Standard-Setting Practices for the Management of Natural Resources in Conflict-Torn States
- Carl Bruch & Olivia Radics, Protection of Natural Resources Through the Law of Pillage
- Thilo Marauhn, Environmental Implications of Disarmament: The Chemical Weapons Convention Case
- Dieter Fleck, Legal Protections of the Environment: The Double Challenge of Non-International Armed Conflict and Post-Conflict Peacebuilding
- Matthew Gillet, Greening Warfare: Protecting the Environment during Non-International Armed Conflict
- Jennifer Easterday & Hana Ivanhoe, Conflict, Cash and Controversy: Protecting Environmental Rights in Post-Conflict Settings
- Onita Das & Aneaka Kellay, Private Security Companies and other Private Security Service Providers (PSCs) and Environmental Protection in Post-Conflict Settings: Policy and Regulatory Challenges
- Ursin Hofmann, Post-Conflict Mine Action: Environment and Law
- Cymie R. Payne, The UNCC and the Environment
- Ilias Plakokefalos, Reparations for Environmental Damage in Jus Post Bellum: The Problem of Shared Responsibility
- Merryl Lawry-White, Victims of Environmental Harm during Conflict: the Potential for 'Justice'
- Anne Dienelt, 'After the War is Before the War': The Environment, Preventive IHL Measures and Their Post-Conflict Impact
- Carsten Stahn, Jennifer Easterday, & Jens Iverson, Taking Stock of Emerging Norms, Principles and Practices
- Martin Mennecke, The African Union and Universal Jurisdiction
- Manisuli Ssenyonjo, The Implementation of the Proprio Motu Authority of the Prosecutor in Africa
- Benson Olugbuo, Operationalizing the Complementarity Principle: The Case for a Differentiated Standard
- Ilias Bantekas, Sequencing Peace and Justice in Post-Conflict Africa: The ICC Perspective
- Gino Naldi & Konstantinos Magliveras, The International Criminal Court and the African Union: A Problematic Relationship
- Paola Gaeta & Patryk I. Labuda, Trying Sitting Heads of State: The African Union versus the ICC in the Al Bashir and Kenyatta Cases
- Dire D. Tladi, Presence of the Accused, Right or Duty? The Art of Interpretation in a Tense Political Climate
- Charles Chernor Jalloh, The African Union, the Security Council and the International Criminal Court
- Manisuli Ssenyonja, State Withdrawals from the Rome Statute of the International Criminal Court: South Africa, Burundi, and The Gambia
- Kebreab Isaac Weldesellasie, The Development of Criminal Law and Criminal Justice in Africa from pre-Colonial Rule to Present Day,
- Olympia Bekou, National Implementation of the ICC Statute to Prosecute International Crimes in Africa
- Charles Chernor Jalloh, The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa
- Efthymios Papastavridis, Who Will Prosecute Piracy in Africa?
- Pacifique Manirakiza, Complementing the ICC Efforts to Curb the Impunity of International Crimes in Africa: The Role and Contribution of Community-Based Mechanisms
Monday, October 23, 2017
- Mario Peña Chacón, El Derecho Internacional Ambiental como fundamento del principio de no regresión
- Alexander Aizenstatd Leistenschneider & Helena Dávila Esquivel, El valor intrínseco del Estatuto de Roma de la Corte Penal Internacional y los desafíos legislativos para su implementación en Guatemala y Costa Rica
- Silvia Tercero Hernández Carranza, Consideraciones en torno a la competencia internacional y derecho aplicable a la luz de la Reforma Procesal Laboral
- Mauricio París Cruz, La importancia de la interpretación uniforme de la CISG
- Luciana B. Scotti, La mediación familiar transfronteriza en los casos de restitución internacional de niños: situación en la República Argentina
- Hannah Woolaver & Emma Palmer, Challenges to the Independence of the International Criminal Court from the Assembly of States Parties
- Frederick Cowell, Inherent Imperialism: Understanding the Legal Roots of Anti-imperialist Criticism of the International Criminal Court
- Cristina Fernández-Pacheco Estrada, The International Criminal Court and the Čelebići Test: Cumulative Convictions Based on the Same Set of Facts from a Comparative Perspective
- Rachel Killean & Luke Moffett, Victim Legal Representation before the ICC and ECCC
- Symposium: Obstruction of Justice: Continued Challenges before International Tribunals
- Lucy Richardson, Offences against the Administration of Justice at the International Criminal Court: Robbing Peter to Pay Paul?
- Matthew Gillett, Testing the Limits of the Law against Those Who Test the Tribunal’s Limits: Contempt Proceedings at the Special Tribunal for Lebanon
- Cases Before International Courts and Tribunals
- Charles Chernor Jalloh, The Nature of the Crimes in the African Criminal Court
- National Prosecution of International Crimes: Legislation and Cases
- Paul Bradfield, Reshaping Amnesty in Uganda: The Case of Thomas Kwoyelo