- Diane Marie Amann & Margaret M. deGuzman, Foreword
- Roger S. Clark, William Schabas: Portrait of a Scholar/Activist Extraordinaire
- M. Cherif Bassiouni, Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era
- Thomas A. Cromwell & Bruno Gélinas-Faucher, William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law
- Emmanuel Decaux, The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- Kathleen Cavanaugh & Joshua Castellino, The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East
- Sandra L. Babcock, International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?
- Marc Bossuyt, The UN Optional Protocol on the Abolition of the Death Penalty
- Christof Heyns, Thomas Probert & Tess Borden, The Right to Life and the Progressive Abolition of the Death Penalty
- Zhao Bingzhi, Progress and Trend of the Reform of the Death Penalty in China
- Margaret M. deGuzman, Criminal Law Philosophy in William Schabas' Scholarship
- Frédéric Mégret, Is the ICC Focusing too Much on Non-State Actors?
- Shane Darcy, The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- Alain Pellet, Revisiting the Sources of Applicable Law Before the ICC
- Mireille Delmas-Marty, The ICC as a Work in Progress, for a World in Process
- Carsten Stahn, Legacy in International Criminal Justice
- Andrew Clapham & Paola Gaeta, Torture by Private Actors and 'Gold Plating' the Offence in National Law: An Exchange of Emails in Honour of William Schabas
- Hirad Abtahi & Philippa Webb, Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention
- Jérémie Gilbert, Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity
- Beth Van Schaack, Crimes Against Humanity: Repairing Title 18's Blind Spots
- Leila Nadya Sadat, A New Global Treaty on Crimes Against Humanity: Future Prospects
- Mark A. Drumbl, Justice Outside of Criminal Courtrooms and Jailhouses
- Charles Chernor Jalloh, Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone
- Geoffrey Nice & Nevenka Tromp, International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY
- Mary Ellen O'Connell, The Arc toward Justice and Peace
- Adama Dieng, The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements
- Emma Sandon, Law and Film: Curating Rights Cinema
- Wayne Jordash, The Role of Advocates in Developing International Law
- Diane Marie Amann, Bill the Blogger
Saturday, February 10, 2018
- From the Board, The US Attack on the WTO Appellate Body
- David Kleimann & Gesa Kübek, The Signing, Provisional Application, and Conclusion of Trade and Investment Agreements in the EU: The Case of CETA and Opinion 2/15
- Henry Gao, Regulation of Digital Trade in US Free Trade Agreements: From Trade Regulation to Digital Regulation
- Viktoria Obolevich, The New EU Tobacco Products Directive and Standardized Packaging: [in the Name of ‘Smooth Functioning of the Internal Market’]'
- Cornelia Furculiță, Regionalization Within the SPS Agreement After Russia – Pigs (EU)
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors.
The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
- Amitav Acharya, Foreword
- Alan Bloomfield & Shirley V. Scott, Norm Antipreneurs in World Politics
- Alan Bloomfield, Resisting the Responsibility to Protect
- Kenki Adachi, Resisting the Ban on Cluster Munitions
- Orli Zahava, Resistance to the Emergent Norm to Advance Progress Towards the Complete Elimination of Nuclear Weapons
- Clifford Bob, Rival Networks and the Conflict over Assassination/ Targeted Killing
- Alan Bloomfield, Resisting the Emerging ‘Humanitarian Access’ Norm
- Shirley V. Scott & Lucia Oriana, Resisting Japan’s Promotion of a Norm of Sustainable Whaling
- Shirley V. Scott, Resisting the Norm of Climate Security
- Malcolm Campbell-Verduyn, Additional Categories of Agency: ‘Creative Resistors’ to Normative Change in Post-Crisis Global Financial Governance
- Helen Nesadurai, Contesting Private Sustainability Norms in Primary Commodity Production: Norm Hybridisation in the Palm Oil Sector
- Frank Harvey & John Mitton, Whose Norm is it Anyway? Mediating Contested Norm-Histories in Iraq (2003) and Syria (2013)
- Jeffrey S. Lantis, To Boldly Go Where No Country has gone before: U.S. Norm Antipreneurism and the Weaponization of Outer Space
- William Clapton, Resisting ‘Good Governance’ Norms in the EU’s European Neighbourhood Policy
- Shirley V. Scott & Alan Bloomfield, Norm Entrepreneurs and Antipreneurs: chalk and cheese, or two faces of the same coin?
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
- Shai Dothan, Judicial Deference Allows European Consensus to Emerge
- Jared Genser, The United Nations Security Council's Implementation of the Responsibility to Protect: A Review of Past Interventions and Recommendations for Improvement
- Asaf Lubin, "We Only Spy on Foreigners": The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance
- Amy H. McCarthy, Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law
- Stephen Townley, The Rise of Risk in International Law
- Stuart Elden, Legal terrain—the political materiality of territory
- Dianne Otto, Beyond legal justice: some personal reflections on people’s tribunals, listening and responsibility
- Ayça Çubukçu, Thinking against humanity
- Ruti Teitel, The global jurist as pedagogue? Ronald Dworkin in post-Junta Argentina
- Books etc.
- Immi Tallgren, Watching Tokyo Trial
- Mónica García-Salmones Rovira, Karl Viktor Fricker, On state territory (1867)
For the 2018 issue we are inviting submissions specifically focusing on recent awards and on-going disputes.
We also welcome submissions focusing on the Opinions and Judgments of the CJEU, such as on the Achmea case, which is expected to be delivered in early 2018.
Equally, we welcome submissions focusing on current negotiations of the EU with third states as well as legislative proposals related to investment, such as the screening of foreign investments.
The deadline for submissions is: 1 April 2018.
Submissions should be in English and must be in conformity with the house style of the journal and in particular the footnotes should be in confirmity with OSCOLA.
All submissions must be unpublished and original material.
Submissions should be send as MS-WORD doc to: EILARev2016@gmail.com
All submissions will be peer-reviewed. The Editorial Board reserves the right to accept, reject a submission or make publication conditional on modifications, which have been suggested to the author.
This book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.
Thursday, February 8, 2018
- Robert Heinsch, In memoriam Professor Frits Kalshoven: Some personal words on the passing of one of the most respected International Humanitarian Law experts of the last century
- International Law and Practice
- Bas Schotel, Legal Protection as Competition for Jurisdiction: The Case of Refugee Protection through Law in the Past and at Present
- Silvia Steininger, What's Human Rights Got To Do With It? An Empirical Analysis of Human Rights References in Investment Arbitration
- Berk Demirkol, Non-treaty Claims in Investment Treaty Arbitration
- Jie (Jeanne) Huang, Procedural Models to Upgrade BITs: China's Experience
- Hague International Tribunals: International Court of Justice
- Hugh Thirlway, Territorial Disputes and Their Resolution in the Recent Jurisprudence of the International Court of Justice
- Victor Kattan, ‘There was an elephant in the court room’: Reflections on the role of Judge Sir Percy Spender (1897–1985) in the South West Africa Cases (1960–1966) after half a century
- International Criminal Courts and Tribunals
- Alejandro Chehtman, Revisionist Just War Theory and the Concept of War Crimes
- Aydin B. Yildirim, Firms’ Integration into Value Chains and Compliance with Adverse WTO Panel Rulings
- Tania Voon, Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules
- Theresa Squatrito, Amicus Curiae Briefs in the WTO DSM: Good or Bad News for Non-State Actor Involvement?
- Wenwei Guan, Diversified FRAND Enforcement and TRIPS Integrity
- Jong Bum Kim, Exclusionary Rules of Origin of Mega-RTAs under WTO Law: Mega-RTA ‘Fracturing’ Its Overlapping RTA
- Olufemi Soyeju & Joshua Wabwire, The WTO–TRIPS Flexibilities on Public Health: A Critical Appraisal of the East African Community Regional Framework
Wednesday, February 7, 2018
JTMS Summer/Fall 2018 Issue Call for Papers
The Journal Territorial and Maritime Studies (JTMS) is soliciting submissions for its Summer/Fall 2018 issue. In the interest of increasing submissions, JTMS is offering authors of articles successfully passing peer review and selected for publication in the Summer/Fall 2018 issue an honorarium of $1000. JTMS is an interdisciplinary Journal of research on territorial and maritime issues sponsored by the Northeast Asia History Foundation with editorial offices hosted by Yonsei University in South Korea. The Journal provides an academic medium for the announcement and dissemination of research results the fields of history, international law, international relations, geography, peace studies, and any other relevant discipline. The journal covers all continental areas across the world, and it discusses any territorial and maritime subjects through the various research methods from different perspectives; moreover, practical studies as well as theoretical works, which contribute to a better understanding of territorial and maritime issues, are encouraged.
Manuscript should be submitted electronically to email@example.com . Submitted papers should include four major sections: the title page, structured abstract, main body, and references. The title page should contain the title of the paper, the author(s) name, the institutional affiliation and keywords. Manuscripts should follow the JTMS style guide available on our website. A length of maximum 9,000 words is preferred for an article, including endnotes, and approximately 2,000 words for a review. Submissions wishing to be considered for the Summer/Fall issue must submit their manuscripts by no later than February 15th, 2018. Inquiries may be sent via the email address provided above.
Our style guide and other journal information may be found on our website.
Heintschel von Heinegg, Frau, & Singer: Dehumanization of Warfare: Legal Implications of New Weapon Technologies
- Wolff Heintschel von Heinegg, Robert Frau, & Tassilo Singer, Introduction
- Yoram Dinstein, Autonomous Weapons and International Humanitarian Law
- William Boothby, Dehumanization: Is There a Legal Problem Under Article 36?
- Jan C. Joerden, Dehumanization: The Ethical Perspective
- Georg Heppner & Ruediger Dillmann, Autonomy of Mobile Robots
- Jeffrey S. Thurnher, Feasible Precautions in Attack and Autonomous Weapons
- Wolff Heintschel von Heinegg, Unmanned Maritime Systems: Does the Increasing Use of Naval Weapon Systems Present a Challenge for IHL?
- Stefan Meier, Digital Forensics
- Sigmar Stadlmeier, CPU and Keyboard: Weapons of Mass Disruption?
- Heather A. Harrison Dinniss & Jann K. Kleffner, Soldier 2.0: Military Human Enhancement and International Law
- Thilo Marauhn, Meaningful Human Control – and the Politics of International Law
- Wolff Heintschel von Heinegg, Robert Frau, & Tassilo Singer, Concluding Remarks by the Editors
Tuesday, February 6, 2018
This article examines the application of insights from behavioral economics to the area of international law. It reviews the unique challenges facing such application and demonstrates the contribution of behavioral findings to the understanding of lawmaking, the use of nudges, and states’ practices in the international arena.
In the sphere of lawmaking, the article first highlights the contribution of experimental game theory to understanding international customary law. It then analyzes the psychological mechanisms underpinning the advancement of treaty law through the use of deadlines, grandfather provisions, deferred implementation, and temporary arrangements. More generally, it provides insight into the processes through which international soft law evolves into hard law.
The article then argues that in the absence of a central legislative body or strong enforcement mechanisms, nudges (that is, low-cost, choice-preserving, behaviorally informed regulatory tools) can play a particularly important role in influencing the behavior of states and other entities. The article describes the current use of nudges, such as opt-in and opt-out arrangements in multilateral treaties, goal settings, and international rankings—and calls for further employment of such means.
Finally, the article suggests that the extent to which states comply with international norms may be explained by phenomena such as loss aversion and the identifiability effect; and that further insight into states’ (non)compliance may be gained from the emerging research in behavioral ethics.
Hafner-Burton & Schneider: A Dark Side of Cooperation: When International Organizations Spread Political Corruption
Much of the literature on international organizations (IOs) has focused on the beneficial value they provide to members. Yet depending on their membership, some of the very same mechanisms that incentivize good governance can instead incentivize political corruption. Our central argument is that state participation in corrupted international networks is likely to incentivize political corruption domestically. This process occurs for two reasons. First, groups of corrupted states are more reticent to create, monitor or enforce formal good governance standards against other IO members. Second, leaders may witness the value of political corruption to their IO peers and learn to act the same way. Using a variety of data sources and estimation strategies, we demonstrate that countries that participate in a network of member corrupted IOs are significantly more likely to experience an increase in corruption domestically than are countries that participate in a network of more honest brokers. This effect occurs even among IOs that have adopted formal anti-corruption mandates: the effectiveness of formal good governance rules crucially hinges on the characteristics of members within an international organization.
The PEIO conference brings together economists, political scientists and other scholars to address political-economy issues related to any international organization, including the World Trade Organization, the United Nations, the International Monetary Fund, the World Bank, the European Union, and also other international organizations that have as yet received less attention in the academic literature. Questions we seek to address include how IOs are organized and governed, what are the incentives of governments dealing with IOs as well as the incentives of the bureaucrats who staff them, and what are the effects of IOs on policy outcomes. We will also consider the interaction of IOs with transnational actors such as commercial lobbies and NGOs. Finally, we have a particular interest in the interaction of the international political economy with the domestic political economy of IO members.
- Géraldine Giraudeau, Sharks Need Protection and Surfers Want Security: the Recent Shark Control Program of La Réunion in the Context of the International Legal Framework
- Xuechan Ma, Historic Title over Land and Maritime Territory
- Joshua Nash, Overcoming Territoriality through Water Regime: the Case of the Lower Mekong (1957–1977)
- Steven M. Radil, The Multi-Scalar Geographies of Place naming: the Case of Cyprus
- Joshua Nash, Pitcairn Island, Island Toponymies and Fishing Ground Names: Toward the Possibility of a Peaceful Onshore and Offshore Reconciliation
- Peder Gammeltoft, The “One-Letter War”—or, How Skagerrak Became a Disputed Name
Looking at self-determination in contemporary Europe, one finds self-determination lumped together with the question of a possible right to remedial secession, either passionately defended or fervently rejected. Lumping self-determination and secession together tends to reduce self-determination to a territorial meaning. Such a territorial meaning indicates a larger geographical bias in international law. This paper inquires, first, what legally might remain of self-determination in a post-colonial context by focusing on the case law of the African Commission on Human and Peoples Rights (ACHPR). Second, it asks what might be the lessons for Europe by gazing at the development of the legal concept of self-determination in Africa. Legal developments in the global south, Africa in particular, have largely gone unnoticed in legal scholarship. Such negligence is unwarranted as the most acute and fast paced global trends manifest more visibly in Africa than in other places. Africa foreshadows global processes in many ways. After giving a brief overview over self-determination in the colonial context (part 2), the paper addresses the question who remains the bearer of the right to self-determination (part 3) and what remains the content of self-determination (part 4). The final chapter (part 5) concludes by relating the jurisprudence of the African Commission to current European events.
ANZSIL Postgraduate Research Students Workshop - Call for Papers
Closing date for the Call for Papers: Friday, 2 March 2018
Workshop will be held: Wednesday, 4 July 2018 at Victoria University of Wellington, New Zealand
The Australian and New Zealand Society of International Law (ANZSIL) Postgraduate Research Students Workshop will be held on Wednesday, 4 July 2018, from 9.00am until 5.00 pm. The Workshop will take place in Wellington, New Zealand.
The aims of the Workshop are to provide postgraduate degree research students with an opportunity to present their research to their peers, to discuss their experiences of postgraduate research and to make academic and professional connections. Participants will give presentations of an aspect of their research for approximately 15 minutes, followed by a roundtable discussion of each paper. Participants will also be expected to engage as discussants of other papers. There is no registration fee. Morning tea, lunch, and afternoon tea will be provided.
The Workshop will be followed by the 26th ANZSIL Annual Conference, which will take place from Thursday, 5 July to Saturday, 7 July 2018. ANZSIL will waive the conference registration fee (including the cost of the Conference dinner) for all participants at the ANZSIL Postgraduate Workshop who wish to attend the main Conference. (Workshop participants are still required to complete the conference and dinner registration form.) Participants attending the main ANZSIL Conference may be asked to provide a short report on individual ANZSIL Conference sessions for the ANZSIL Newsletter.
Postgraduate research students wishing to present their work on an international law topic are encouraged to submit their proposals for presentation at the Workshop. Applicants must be enrolled in a higher degree research program (PhD, SJD, or Research Masters) at an Australian or New Zealand university.
Applicants should submit a single document containing a 250 word abstract and brief one page curriculum vitae using the application form by no later than Friday, 2 March 2018. Please include the heading on your email message ‘PG Workshop Application: [Your Name]’. The organisers will let applicants know of the outcome of their application by early April. Participants who have not previously presented at an ANZSIL Postgraduate Workshop will be given priority.
The Coordinators of the Postgraduate Workshop are Dr Madelaine Chiam (La Trobe Law School, Australia) and Dr Guy Fiti Sinclair (Victoria University of Wellington School of Law, New Zealand).
- Ronagh J.A. McQuigg, Is it time for a UN treaty on violence against women?
- Jason Tockman, Eliding consent in extractivist states: Bolivia, Canada, and the UN Declaration on the Rights of Indigenous Peoples
- Jean Allain, The right to safe food: can the international food system deliver to the United Kingdom?
- Anastasia Denisova, A case study of the UK and Russia’s approaches to Syrian refugees
- Maja Janmyr, UNHCR and the Syrian refugee response: negotiating status and registration in Lebanon
- Franziska Boehme, Exit, voice and loyalty: state rhetoric about the International Criminal Court
- Andrea Betti, ‘The right and the smart thing to do?’ The Clinton administration and the social construction of emergency in the Kosovo crisis
Monday, February 5, 2018
The chapter explores how Anthony Giddens’s theory of structuration can inform the study of practices in international law. The chapter suggests that rules are implicated in practices in three ways: they constitute patterns of action as ‘practices’, regulate the conduct that makes up a practice, and provide formulae for extending and adapting the practice to ever new situations. At the same time, the rules instantiated in practices are potentially transformed by those very practices. To capture this mutually constitutive relationship between rules and practices, the chapter develops a definition of practices as simultaneously rule-generated and rule-generative patterns of action. The chapter then employs this definition to explore the relationship between international law and practices. Since the practices of a wide array of actors are involved in the constitution of international law, the chapter next discusses the responsibility of those actors whose practices can have an impact on the what international law is, focusing on the role of academics. The chapter concludes by outlining three challenges that empirical research of practices confronts: accessing information about practices, analytically separating the effects of agency and structure, and developing research designs which do not simply overlay familiar debates with a practice vocabulary.
- Compulsory and Binding Dispute Resolution Under the UN Convention on the Law of the Sea
- Øystein Jensen & Nigel Bankes, Compulsory and Binding Dispute Resolution under the United Nations Convention on the Law of the Sea: Introduction
- Robin Churchill, The General Dispute Settlement System of the UN Convention on the Law of the Sea: Overview, Context, and Use
- Nigel Bankes, Precluding the Applicability of Section 2 of Part XV of the Law of the Sea Convention
- James Harrison, Defining Disputes and Characterizing Claims: Subject-Matter Jurisdiction in Law of the Sea Convention Litigation
- Kate Parlett, Beyond the Four Corners of the Convention: Expanding the Scope of Jurisdiction of Law of the Sea Tribunals
- Seline Trevisanut, Twenty Years of Prompt Release of Vessels: Admissibility, Jurisdiction, and Recent Trends
- Stephen Allen, Article 297 of the United Nations Convention on the Law of the Sea and the Scope of Mandatory Jurisdiction
- Keyuan Zou & Qiang Ye, Interpretation and Application of Article 298 of the Law of the Sea Convention in Recent Annex VII Arbitrations: An Appraisal
- Andrew Serdy, Pacta Tertiis and Regional Fisheries Management Mechanisms: The IUU Fishing Concept as an Illegitimate Short-Cut to a Legitimate Goal
- Yoshifumi Tanaka, Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)
Sunday, February 4, 2018
- Rochelle Terman & Erik Voeten, The relational politics of shame: Evidence from the universal periodic review
- Yoram Z. Haftel & Alexander Thompson, When do states renegotiate investment agreements? The impact of arbitration
- Aydin B. Yildirim, J. Tyson Chatagnier, Arlo Poletti, & Dirk De Bièvre, The internationalization of production and the politics of compliance in WTO disputes
- Eric Arias & Alastair Smith, Tenure, promotion and performance: The career path of US ambassadors
- Todd Sandler, Collective action and geoengineering