Saturday, September 21, 2019

Poulsen: Beyond Credible Commitments: (Investment) Treaties as Focal Points

Lauge N. Skovgaard Poulsen (Univ. College London - Political Science) has posted Beyond Credible Commitments: (Investment) Treaties as Focal Points (International Studies Quarterly, forthcoming). Here's the abstract:
Why do states enter into treaties? In literature on the investment regime, the dominant answer is that investment treaties provide credible commitments to foreign investors. This narrative provides valuable insights but cannot account for the historical origins of the treaties, where drafters explicitly decided to exclude ‘strong’ dispute settlement provisions. Unlike modern- day investment treaties, the early investment treaty regime did not allow investors to file claims against host states through investor-state dispute settlement (ISDS). Using historical evidence from three major capital exporting states – the United States, the United Kingdom, and Germany – the article shows that this was a conscious design choice. Rather than providing formal dispute settlement, sanctions and penalties to make credible commitments, Western states intended investment treaties to serve as salient focal points for the informal resolution of investment disputes. The substantive obligations were expected to fulfil their coordinating role without the shadow of judicialized dispute settlement. The argument is not just of historical interest but has broader implications for literature on international economic law dominated by the credible commitment narrative, as well as the current political backlash against ISDS.

Hubert: The Human Right to Science and its Relationship to International Environmental Law

Anna-Maria Hubert (Univ. of Calgary - Law) has posted The Human Right to Science and its Relationship to International Environmental Law (European Journal of International Law, forthcoming). Here's the abstract:
This article explores the potential contribution of international human rights law – specifically, the oft-neglected ‘right to science’ – to the interpretation, operation, and progressive development of international environmental law. Science and its applications play a critical role in environmental protection. At the same time, society faces persistent controversies at this interface. Environmental regimes may lack sufficient norms and tools for regulating upstream science and innovation processes, because they tend to focus narrowly on physical harms to environment, and may not address the wider ethical, legal, and social, and political concerns. The human right to science, which is codified in various international and regional human rights instruments, may serve to augment international environmental law, and contribute to more effective, equitable, and democratically legitimate, and accountable processes and outcomes in relation to the application science and technology in environmental regimes. The article begins by outlining the scope and contents of, as well as limitations on, the right to science, focusing on Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its overlaps norms of international environmental law. It then analyses of the ways in which the right to science may influence the development of international environmental law by elucidating mechanisms for the integration of a human rights perspective in science and technology, and by outlining its potential substantive contributions to the development of international environmental law.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added two lectures to the UN Audiovisual Library of International Law. They were given by Frida María Armas Pfirter on "The Continental Shelf and its Outer Limits" and Chiara Giorgetti on "International Claims Commissions."

Call for Submissions: Yearbook of International Disaster Law

A call for submissions has been issued for volume two of the Yearbook of International Disaster Law. The call is here. The deadline is October 31, 2019.

Friday, September 20, 2019

Conference: Comparative Law and International Dispute Resolution Processes

The 2019 Annual Meeting of the American Society of Comparative Law will be held October 17-19, at the University of Missouri School of Law’s Center for the Study of Dispute Resolution. The theme is: "Comparative Law and International Dispute Resolution Processes." The program is here.

Conference: International Law Weekend 2019

The American Branch of the International Law Association and the International Law Students Association will hold International Law Weekend 2019 on October 10-12, in New York City. The theme is "The Resilience of International Law." The program is here.

Menkes: Rule of Law in International Monetary and Financial Law: Reviving Old Spectres

Marcin J. Menkes (Warsaw School of Economics) has posted Rule of Law in International Monetary and Financial Law: Reviving Old Spectres (European Yearbook of International Economic Law, forthcoming). Here's the abstract:
The tenth anniversary of the Lehman Brothers insolvency, which entailed the global economic crisis, calls for a critical reexamination of the relationship between law and finance (economics). Should law be treated as an instrument of economic growth—in accordance with economic theory? Or is it the economy that should be harnessed for the society within its socio-normative framework? Accordingly, what is the normative social expectation in regards of (economic) freedom and (economic) security? Not surprisingly such dilemmas, a characteristic feature of the post-modernity, resulted in the legitimacy crisis of international monetary and financial law, which in turn brought the Rule of Law (RoL) to the forefront of the current debate on the reform of international economic law. Although RoL may provide much needed assistance in our pursuit of a more sustainable growth and equitable society, it can only do so, if we learn from past mistakes. Hence, current policies of the IMF in respect of the RoL should be put in context of complex relationship between international economic law and international economics.

Call for Papers: Reassessing the Truth: The Role of Scientific and Technological Progress, the Business Sector, the Sustainable Economic and Community Development in the Energy Transition (Reminder)

A call for papers has been issued for a conference on "Reassessing the Truth: The Role of Scientific and Technological Progress, the Business Sector, the Sustainable Economic and Community Development in the Energy Transition," to take place November 5-6, 2019, at West Virginia University. The call is here. The deadline is September 27, 2019.

Ulrich & Ziemele: How International Law Works in Times of Crisis

George Ulrich (Riga Graduate School of Law) & Ineta Ziemele (Riga Graduate School of Law) have published How International Law Works in Times of Crisis (Oxford Univ. Press 2019). The table of contents is here. Here's the abstract:

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development.

Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Allen, Bankes, & Ravna: The Rights of Indigenous Peoples in Marine Areas

Stephen Allen (Queen Mary, Univ. of London - Law), Nigel Bankes (Univ. of Calgary - Law), & Øyvind Ravna (Arctic Univ. of Norway - Law) have published The Rights of Indigenous Peoples in Marine Areas (Hart Publishing 2019). The table of contents is here. Here's the abstract:
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Conference: The Future of Space Governance

On October 28, 2019, the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law will host a conference on "The Future of Space Governance." The program is here.

Titi: Droits de l'homme et droit international économique

Catharine Titi (Centre national de la recherche scientifique) has published Droits de l'homme et droit international économique (Bruylant 2019). The table of contents is here. Here's the abstract:
Ces dernières années ont vu un renforcement de l’interaction entre droits de l’homme et droit international économique. En témoignent la prise en compte des droits de l’homme dans les différends en matière d’investissement international ; l’intérêt que porte l’Expert indépendant pour la promotion d’un ordre international démocratique et équitable des Nations Unies à la protection des droits de l’homme dans le contentieux économique ; la sensibilisation de la société civile à la responsabilité sociétale des entreprises ; le nouveau type des traités de libre-échange qui visent un meilleur équilibre entre droits économiques et droits de l’homme. Si ces exemples illustrent un tel renforcement, cette interaction suscite également des controverses, et donne lieu à de multiples critiques visant le droit international économique, considérant qu’il ne prend pas encore suffisamment en compte les droits de l’homme. L’ouvrage examine ce constat et se penche sur les failles de l’ordre international économique ainsi que sur ses réformes. Il s’interroge sur la responsabilité des multinationales et des autres entreprises en matière de droits de l’homme ; il étudie la prise en compte des droits de l’homme dans les chaînes globales de valeur, mais aussi dans les conditionnalités du FMI ; il examine la présence des droits de l’homme dans l’arbitrage de l’investissement, et propose des solutions pour une coexistence future plus harmonieuse entre les deux domaines.

Claussen: The International Claims Trade

Kathleen Claussen (Univ. of Miami - Law) has posted The International Claims Trade (Cardozo Law Review, forthcoming). Here's the abstract:
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments & legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing claims trading seek to disguise themselves as addressing other legal issues, leading to a haphazard series of doctrines that tends to obscure the trade. The heightened visibility of all forms of external funding for claims against sovereigns has created challenges for courts and tribunals and for claimants who seek to recover on their investments. This Article analyzes the law of the international claims trade and asks what that law ought to look like in light of the theories and purposes of the international investment legal regime. Contrary to the popular view, it makes the case for secondary market players and then analyzes what should be done about them. It assesses the doctrines advanced by arbitral tribunals and by domestic courts at various stages of international investment dispute settlement involving a traded claim against a sovereign. The Article argues that, often, courts and tribunals are getting it wrong. In doing so, they obscure critical questions about why we have investment law and to what degree claims against sovereigns ought to be marketable. Drawing lessons from domestic law, the Article articulates a positive function for the international claims trade – one that investment law ought to accommodate. Finally, it proposes a way forward for states as they develop new investment instruments.

Nicholson: Statehood and the State-Like in International Law

Rowan Nicholson (Univ. of Sydney - Law) has published Statehood and the State-Like in International Law (Oxford Univ. Press 2019). Here's the abstract:

If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities.

In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

Thursday, September 19, 2019

Wednesday, September 18, 2019

Conference: The League of Nations and International Law during the Interbellum

On October 25-26, 2019, a conference on "The League of Nations and International Law during the Interbellum" will be held at the Royal Flemish Academy of Belgium for Science and Arts in Brussels. The program is here. Registration is open until October 15, 2019.

Tuesday, September 17, 2019

Agon: International Adjudication on Trial: The Effectiveness of the WTO Dispute Settlement System

Sivan Shlomo Agon (Bar-Ilan Univ. - Law) has published International Adjudication on Trial: The Effectiveness of the WTO Dispute Settlement System (Oxford Univ. Press 2019). Here's the abstract:

Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the systems effectiveness be enhanced in the future?

Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness.

Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.

New Issue: Journal of International Wildlife Law & Policy

The latest issue of the Journal of International Wildlife Law & Policy (Vol. 22, no. 2, 2019) is out. Contents include:
  • Charlotte E. Blattner, Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law
  • Daniel W. S. Challender & Douglas C. MacMillan, Investigating the Influence of Non-state Actors on Amendments to the CITES Appendices
  • Tuyen Le, CITES as Global Governance: Paths to Consensus and Defining Nature Through Uncertainty
  • Mark Simpson, Polar Bear Sports Hunting: Canada’s Flawed Interpretation of the International Polar Bear Agreement
  • Milan Damohorský, Protection of Charismatic Megafauna in the Law of Central European Countries

AJIL Unbound Symposium: A Focus on Ethics in International Courts and Tribunals

AJIL Unbound has posted a symposium on "A Focus on Ethics in International Courts and Tribunals." The symposium includes an introduction by Jeffrey L. Dunoff and Chiara Giorgetti and contributions by John R. Crook, Judith Levine, Elena Cima and Makane Moïse Mbengue, Kate Parlett and Amy Sander, Hélène Ruiz Fabri, and Chiara Giorgetti and Jeffrey L. Dunoff.

Monday, September 16, 2019

Call for Papers: Contested Norms of International Peace and Security Law

The Max Planck Institute for Comparative Public Law and International Law and the Max Planck Research Group Shades of Illegality in International Peace and Security Law have issued a call for papers for a workshop on "Contested Norms of International Peace and Security Law." The call is here.

New Issue: Criminal Law Forum

The latest issue of Criminal Law Forum (Vol. 30, no. 3, September 2019) is out. Contents include:
  • Marco Roscini, Gravity in the Statute of the International Criminal Court and Cyber Conduct That Constitutes, Instigates or Facilitates International Crimes
  • Maria Pichou, Immunity of Heads of State and Senior State Officials from Subpoenas and Witness Summonses
  • Kassahun Molla Yilma & Julian V. Roberts, Out of Africa: Exploring the Ethiopian Sentencing Guidelines
  • Paul Arnell, Extradition and Mental Health in UK Law

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 19, no. 3, August 2019) is out. Contents include:
  • Special Issue: Transformative Water Relations: Indigenous Interventions in Global Political Economies
    • Kate J. Neville & Glen Coulthard, Transformative Water Relations: Indigenous Interventions in Global Political Economies
    • Madeline Whetung, (En)gendering Shoreline Law: Nishnaabeg Relational Politics Along the Trent Severn Waterway
    • Sibyl Diver, Daniel Ahrens, Talia Arbit, & Karen Bakker, Engaging Colonial Entanglements: “Treatment as a State” Policy for Indigenous Water Co-Governance
    • Andrew Curley, “Our Winters’ Rights”: Challenging Colonial Water Laws
    • Emma S. Norman, Finding Common Ground: Negotiating Downstream Rights to Harvest with Upstream Responsibilities to Protect—Dairies, Berries, and Shellfish in the Salish Sea
    • Caleb Behn & Karen Bakker, Rendering Technical, Rendering Sacred: The Politics of Hydroelectric Development on British Columbia’s Saaghii Naachii/Peace River
    • Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah McGregor, & Aaron Witham, Including Indigenous Knowledge Systems in Environmental Assessments: Restructuring the Process

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 58, no. 4, August 2019) is out. Contents include:
  • The M/V “Norstar” Case (Panama v. Italy) (ITLOS), with introductory note by Richard Collins
  • José Isabel Salas Galindo and Others: United States (Inter-Am. Comm'n H.R.), with introductory note by Rosa Celorio
  • Relu Adrian Coman and Others v. Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne (C.J.E.U.), with introductory note by Alina Tryfonidou
  • Asociación Profesional Élite Taxi v. Uber Systems Spain SL (C.J.E.U.), with introductory note by Ilda Durri
  • General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.), with introductory note by Sarah Joseph
  • General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities (CESCR), with introductory note by Tara Van Ho

Friday, September 13, 2019

New Issue: Review of International Studies

The latest issue of the Review of International Studies (Vol. 45, no. 4, October 2019) is out. Contents include:
  • Nina Caspersen, Human rights in territorial peace agreements
  • Robert Lamb, Pragmatism, practices, and human rights
  • Maja Zehfuss, Military refusers and the invocation of conscience: Relational subjectivities and the legitimation of liberal war
  • Henry Redwood & Alister Wedderburn, A cat-and-Maus game: the politics of truth and reconciliation in post-conflict comics
  • Scott Hamilton, I am uncertain, but We are not: a new subjectivity of the Anthropocene
  • Lisa Maria Dellmuth, Jan Aart Scholte, & Jonas Tallberg, Institutional sources of legitimacy for international organisations: Beyond procedure versus performance
  • Jack Corbett, Yi-chong Xu, & Patrick Weller, Norm entrepreneurship and diffusion ‘from below’ in international organisations: How the competent performance of vulnerability generates benefits for small states
  • Thomas Müller, The variety of institutionalised inequalities: Stratificatory interlinkages in interwar international society
  • Alexander Cooley, Daniel Nexon, & Steven Ward, Revising order or challenging the balance of military power? An alternative typology of revisionist and status-quo states

New Issue: Jus Gentium: Journal of International Legal History

The latest issue of Jus Gentium: Journal of International Legal History (Vol. 4, no. 2, 2019) is out. Contents include:
  • Articles
    • Anthony Carty, British and French Archives Relating to Ownership of the Paracel Islands: 1900-1975
    • Ryan Greenwood, The Just War in Florentine Political Discourse: c. 1200-1400
    • Thomas Schultz & Jason Mitchenson, The History of Comity
    • Vladimir Rjéoutski, Derek Offord, & Gesine Argent, French as a Diplomatic and Official Language in Imperial Russia
    • W. E. Butler & V. S. Ivanenko, Baron M. A. von Taube: Historian of International Law
    • Li Chen, The Making of China’s Foremost Diplomat and International Judge
    • Olga Butkevych, International Law as a Living Legal System: Eugene Ehrlich’s Conception in Modern Times
  • Notes and Comments
    • W. E. Butler, On the Fate of the Grabar Doctoral Dissertation and Degree
    • O. A. Gavrylenko & T. L. Syroed, Classical and Modern Traditions in Kharkiv University: International and European Law
    • William E. Butler & Michael Kwon, Manning’s Commentaries on the Law of Nations

Chesterman, Owada, & Saul: The Oxford Handbook of International Law in Asia and the Pacific

Simon Chesterman (National Univ. of Singapore - Law), Hisashi Owada (formerly, Judge, International Court of Justice), & Ben Saul (Univ. of Sydney - Law) have published The Oxford Handbook of International Law in Asia and the Pacific (Oxford Univ. Press 2019). Here's the abstract:

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations.

That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law.

The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Call for Submissions: EJIL Symposium on "Inequalities in International Law"

The European Journal of International Law has issued a call for submissions for a symposium on "Inequalities in International Law." The deadline for abstracts is November 1, 2019. Here's the call:

CALL FOR PAPERS: EUROPEAN JOURNAL OF INTERNATIONAL LAW

Inequalities in International Law: The EJIL Symposium 2021

International law in the UN Charter, the Universal Declaration of Human Rights, and other foundational treaties and conventions of the multilateral system entails a premise (and promise) of equal rights, the right to self-determination, and the fundamental equality of human beings. However, during the last 10 years and in the wake of the 2008 financial crisis inequality has once again moved to the centre of attention of a number of disciplines, most noteworthy perhaps economics, as well as politics.

We issue this Call for Papers to invite submissions reflecting on the ways that international law – its practice and scholarship – relates to inequality. We chose the plural – inequalities – as we do not intend, from the outset, to narrow the Symposium’s scope to particular forms or actualizations of inequality. Inequalities span access to, or enjoyment of, public resources, and/or state duties to ensure equalities of opportunity regardless of gender, religion, nationality, birth, political or other ideological convictions, status, among others. While the discussion on inequality and international law has been historically concerned with North/South disparities and the quest for equal distribution among states, recent decades have seen a rise in inequality within countries in affluent and weaker economies. Other characteristics of inequality today include the extreme concentration of income at the top and the shrinkage of the middle class in advanced economies. Inequalities persist also in the external relationships of states with other actors (state and non-state) in the international system – as enduring legacies of colonialism in economic development and in post-conflict peacebuilding; as ongoing asymmetries in the efforts to achieve accountability and international justice for victims of internationally wrongful acts; as well as through contested modes of governance over the world’s environment, global commons, and natural resources.

The interplay between international law and inequality and the special trends related to inequality today invite further research and reflection. Developments such as the rising inequality within countries, the possible decline in inter-country inequality alongside economic growth in emerging market and developing economies challenge our existing legal framing and approaches to the problem of inequality and call for further analysis of the relationship between these trends and international legal principles, doctrines and institutions.

Thus, we invite contributions that conceptualize and problematize the notion of inequality and that examine its doctrinal significance and its usefulness and appropriateness as an analytical concept or as a common concern in international law. We further call for papers that address questions regarding empirical, quantitative and qualitative assessments of inequality within and across societies and states and that assess international law and institutions as cause as well as remedy to inequality. We welcome doctrinal, historiographical, genealogical and sociological engagements with past and present regimes, initiatives, institutions, and instruments and their relationship with inequality as well as biographical engagements with scholars and practitioners who in their work paid particular attention to the question of inequality in international law.

Finally, we welcome engagements with our responsibility as international lawyers. How do we practise international law ethically in light of persisting material inequality, racism and sexism in the world, in our societies, governments and workplaces. What visions or utopias might guide and invigorate our practices? To what extent can we identify persistent inequalities that also suffuse the ‘invisible college’ of international lawyers, and what can be done within international law from both academic inquiry and norms of professional practice?

The call is not restricted to a particular subfield of international law. We would be happy to receive proposals from all fields of international law, including the following themes:

Human Rights: Papers may interrogate the capacity of (social and economic) rights to remedy inequality, or engage with the thesis that (particular conceptions of) human rights detract from social justice concerns.

International Economic Law: Papers may address the question whether international economic law should and how it might allow for global redistribution or contribute to a transformation of political economy that reduces material inequality instead of enhancing it. Further clarification is needed how international economic law (together with transnational and national law) furthers the accumulation of wealth and capital as well as the concentration of corporate power. Contributions may assess calls for a new NIEO or a new Bretton Woods and evaluate them in light of historical experience and in the context of present geopolitical developments. Contributions may also confront the changing face of international economic law – particularly its deepening intersections with human rights law, international environmental law, climate law, among others – and assess how the international economic system engages, perpetuates, or redresses both latent and patent inequalities faced by individuals, groups, peoples, small nations such as low-lying island states, among others.

Sustainable Development Goals: 10 years to go until, by 2030, the SDGs shall be achieved, it may be a good time for an evaluation of their impact so far – not only as concerns the realization of targets, in particular of SDG 10 “Reduced Inequalities” – but also the effects of this governance framework on international law doctrine and the practice of governmental and non-governmental institutions. Can the polycentric approach to SDG governance truly address inequalities, when SDGs are articulated in the grey areas between hard law and soft law?

Migration Law: Given that extreme poverty and global inequality in living conditions are major reasons for global migration, does migration law adequately take account of these causes? Current government policies of exclusion and deterrence not only raise questions as to their conformity with international law, but call into doubt foundational normative justifications of global and national political order. Are instruments such as the Global Compact on Migration and the New York Declaration sufficient to eventually harden into multilateral or regional treaties recognizing shared norms in addressing both protections for migrants as well as the pressures on and opportunities open for receiving populations?

Climate Law: From its inception climate change law has had and still has to come to terms with various inequalities – including inequalities as concerns individual states’ contributions to climate change as well as inequalities as to how communities will be affected by climate change. How does climate law address these inequalities; how should it address them in order not only to effectively contain climate change, but to do so in an equitable manner?

After ‘After Hegemony’: The emergence of Brazil, Russia, India, China, and South Africa (the BRICS) as a new hub of power in international relations, destabilizing processes in Europe, most evident in Brexit, and the decline of the US as the world's hegemonic power have triggered new approaches to international law making in recent years. These new approaches include a shift away from multilateralism toward bilateralism, regionalism and other forms of global governance. These processes are related to inequality in their cause and effects: Can we tie the growing unrest over inequality among different political groups worldwide to the turn away from existing international legal institutions? How are these ideological sensibilities and new forms of mobilization related to new modalities of international regulation? How will these new modalities influence global inequality in the future?

We are issuing here a Call for Papers. International lawyers from practice and academia as well as scholars from related disciplines are invited to send an abstract of 500 words. Abstracts should not only set out the prospective papers for inclusion in the symposium; they should also concisely formulate the questions addressed as well as the method and materials employed in the proposed research. We will accept proposals for research papers of 10-12K words as well as shorter Think Pieces of 5-7K words.

The deadline for the abstracts is 1 November 2019. Draft papers of those abstracts selected by a committee composed of members of the Editorial Boards of EJIL will be expected by 29 May 2020. We are considering a workshop in June 2020, at a location to be determined, to discuss the drafts. Funding towards the travel expenses of some participants may be available. Final drafts will be expected by 2 November 2020.

Abstracts, accompanied by a recent CV in pdf format, are to be sent to EJIL’s Managing Editor at anny.bremner {at} eui(.)eu by 1 November 2019.

New Volume: British Yearbook of International Law

The latest volume of the British Yearbook of International Law (Vol. 87, 2016) is out. Contents include:
  • In Memoriam
    • Iain Scobbie, Out of the Shadows: An Appreciation of Sir Elihu Lauterpacht’s Contribution to the Doctrine of International Law
  • Article
    • Martin Clark, A Conceptual History of Recognition in British International Legal Thought
  • Symposium on the Iraq Inquiry
    • Rosalyn Higgins, Introduction to the Symposium
    • Christian Henderson, Reading Between the Lines: The Iraq Inquiry, Doctrinal Debates, and the Legality of Military Action Against Iraq in 2003
    • Nico J. Schrijver, The Dutch Committee of Inquiry on the War in Iraq and the Basis in International Law for the Military Intervention
    • Michael Wood, The Iraq Inquiry: Some Personal Reflections
    • Matthew Windsor, The Special Responsibility of Government Lawyers and the Iraq Inquiry
    • Tanja Aalberts & Lianne J. M. Boer, Entering the Invisible College: Defeating Lawyers on Their Own Turf
    • Mark Phythian, Intelligence Failure as a Mutually Reinforcing Politico-Intelligence Dynamic: The Chilcot Report and the Nature of the Iraq WMD Intelligence Failure
    • Yolanda Gamarra, Parliamentary Control of the Deployment of Spanish Armed Forces Abroad in the Post-Iraq Era
    • Charlotte Peevers, Media Spectacles of Legal Accountability in the Reporting of an Official History

Call for Papers: International Law and Distribution: Sustainable Development, Security, and the Governance of Resources

In April 2019, the University of Edinburgh hosted "Edingow" – the inaugural conference marking a new collaboration between the University of Edinburgh and the University of Glasgow in the field of international law. This call for papers is for Glasginburgh 2020 – the second conference in this series – to be held at the University of Glasgow on June 8-9, 2020. The theme is: "International Law and Distribution: Sustainable Development, Security, and the Governance of Resources." The call is here.

Thursday, September 12, 2019

Menkes: The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions

Marcin J. Menkes (Warsaw School of Economics) has posted The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions (Canadian Yearbook of International Law, forthcoming). Here's the abstract:
International courts and tribunals so far have shown reluctance to delimit the normative scope of the essential security and necessity exceptions in international economic law. Legal scholars have also refrained from identifying the point of equilibrium between maintaining the core protections of international law and allowing for necessary flexibility in its application. This article argues that such stances are now untenable. The unilateral US withdrawal from the Iran nuclear deal, and the reintroduction of sanctions, has challenged the multilateral order. Although the sanctions resemble earlier measures, violation of the deal and of United Nations Security Council Resolution 2231(2015) has altered the normative context. The threat to the stability of the post-war multilateral order by a permanent member of the Security Council is unique. The author shows why Iran’s recourse to the International Court of Justice (ICJ) in this context should become a landmark case for international economic law and how it traps the ICJ in a gilded cage.

Conference: Extraterritorial Human Rights Obligations in the Age of Reemerging Nationalism - Are They Really Justified?

On November 21-22, 2019, the Faculty of Law of the University of Zurich will host a conference on "Extraterritorial Human Rights Obligations in the Age of Reemerging Nationalism - Are They Really Justified?" The program is here. Here's the idea:
The academic debate on the extraterritorial application of human rights is intense and sophisticated. In the last few years, it has often been taken for granted that such extraterritorial obligations on the part of states exist and the research focus has turned to their scope and the modes of implementing them. At the same time, some of the duty-bearers at stake still question their legitimacy. With rising nationalist tendencies in all parts of the world, this is unlikely to change soon. Furthermore, philosophical attacks on the idea of human rights in general and their universality in particular have increased, backed prominently by revisionist historical work. If extraterritorial application of human rights shall be realized and implemented in practice, it seems necessary to return to addressing the foundational question of their justifiability as well as counter arguments that promote a territorial limitation of states’ human rights obligations. By combining legal and philosophical perspectives, this is the aim the workshop hopes to achieve.

Wednesday, September 11, 2019

New Issue: World Politics

The latest issue of World Politics (Vol. 71, no. 4, October 2019) is out. Contents include:
  • Research Articles
    • Milena Ang & Monika Nalepa, Can Transitional Justice Improve the Quality of Representation in New Democracies?
    • Egor Lazarev, Laws in Conflict: Legacies of War, Gender, and Legal Pluralism in Chechnya
    • Timothy Frye, Ora John Reuter, & David Szakonyi, Vote Brokers, Clientelist Appeals, and Voter Turnout: Evidence from Russia and Venezuela
    • Sarah Zukerman Daly, Voting for Victors: Why Violent Actors Win Postwar Elections
    • Jan P. Vogler, Imperial Rule, the Imposition of Bureaucratic Institutions, and their Long-Term Legacies

Tuesday, September 10, 2019

Call for Papers: Power Sharing or Power Shifts? Examining the role of public-private interactions in global governance

The School of Governance at the Technical University of Munich has issued a call for papers for an emerging scholars' workshop on "Power Sharing or Power Shifts? Examining the role of public-private interactions in global governance," to be held on November 28-29, 2019. The call is here.

Call for Applications: PhDs in International and Public Law, Ethics and Economics for Sustainable Development

The Universities of Milan, Rijeka and Maastricht are seeking six outstanding and committed students to carry out a three-year multidisciplinary research project, based at more than one participating university. The three universities are launching LEES, a new doctoral programme in International and Public Law, Ethics and Economics for Sustainable Development. With courses, seminars and scientific research activities entirely in English, it addresses the complexities involved in sustainable development, and uses an innovative multidisciplinary approach that combines the contributions of law, ethics, and economics. Application deadline, October 14, 2019. Details are here.

Conference: States, Corporations and Commons - Dissonance and Accord

On September 11, 2019, the American Society of International Law's Interest Group of International Environmental Law will hold a conference on "States, Corporations and Commons - Dissonance and Accord" at the Faculty of Law of the Aristotle University of Thessaloniki. The program is here.

Call for Papers: Reassessing the Truth: The Role of Scientific and Technological Progress, the Business Sector, the Sustainable Economic and Community Development in the Energy Transition

A call for papers has been issued for a conference on "Reassessing the Truth: The Role of Scientific and Technological Progress, the Business Sector, the Sustainable Economic and Community Development in the Energy Transition," to take place November 5-6, 2019, at West Virginia University. The call is here.

Kjeldgaard-Pedersen: The International Court of Justice and the Individual

Astrid Kjeldgaard-Pedersen (Univ. of Copenhagen - Law) has posted The International Court of Justice and the Individual (in Research Handbook on the International Court of Justice, Achilles Skordas ed., forthcoming). Here's the abstract:
This chapter studies the relationship between the ICJ and ‘the individual’ in a broad sense, including both human beings and private companies. It argues that there is a gap between, on one hand, the most famous dicta by the ICJ and its predecessor, the PCIJ, about the concept of international legal personality, and, on the other hand, the Court’s interpretation and application of treaty provisions that govern individuals directly. Indeed, the Court seems to have consistently invoked a more progressive view of the international legal personality of non-State entities, including individuals and private companies, than it is given – and has taken – credit for. As the chapter illustrates, how-ever, the Court’s favourable approach to ‘individual rights’ under international law has not prompt-ed it to be particularly accommodating towards ‘human rights’. Although there has unquestionably been a development in the way in which the ICJ takes account of human rights, its practice above all indicates that does not strive to be a court of human rights, but emphatically a court of international law.

New Issue: Revue de Droit International et de Droit Comparé

The latest issue of the Revue de Droit International et de Droit Comparé (Vol. 96, no. 3, 2019) is out. Contents include:
  • S. Toe, L’exclusion d’un associé en droit OHADA des sociétés commerciales
  • V. Bakréo, Les motifs en droit des contrats : étude des droits québécois, français et camerounais
  • J. Liu, La représentation par le représentant légal en droit des sociétés chinois
  • B. Belbara, La protection de la famille depuis la loi camerounaise n° 2016/007 du 12 juillet 2016 portant Code pénal : constance et croissance d’une philosophie
  • H. Alrashidi, La distinction entre la clause d’exclusion et la clause de déchéance dans le contrat d’assurance selon le droit koweïtien

New Issue: International Review of the Red Cross

The latest issue of the International Review of the Red Cross (Vol. 100, nos. 907-909, April 2018) is out. The theme is: "150 years of humanitarian reflection." Contents include:
  • Vincent Bernard, The International Review of the Red Cross: Witness to the humanitarian revolution
  • Three short essays in honour of the 150th anniversary of the International Review of the Red Cross
  • A brief history of the International Review of the Red Cross
  • The editors-in-chief of the Review, 1869–2019
  • David P. Forsythe, The ICRC as seen through the pages of the Review, 1869–1913: Personal observations
  • Daniel Palmieri, To inform or govern? 150 years of the International Review of the Red Cross, 1869–2019
  • Annette Becker, From the Bulletin International des Sociétés de la Croix Rouge to the International Review of the Red Cross: The Great War as a revelator
  • Ben Holmes, The International Review of the Red Cross and the protection of civilians, c. 1919–1939
  • Ismaël Raboud, Matthieu Niederhauser, & Charlotte Mohr, Reflections on the development of the Movement and international humanitarian law through the lens of the ICRC Library's Heritage Collection
  • Jeffrey Biller, Cyber operations and the Second Geneva Convention
  • Étienne Chénier-Laflèche, The prevention of torture in Rio de Janeiro: A study on the role of public defenders
  • Sharon Weill, French foreign fighters: The engagement of administrative and criminal justice in France
  • Alon Margalit, Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence
  • Sabrina Henry, Exploring the “continuous combat function” concept in armed conflicts: Time for an extended application?
  • Natalie Klein-Kelly, More humanitarian accountability, less humanitarian access? Alternative ideas on accountability for protection activities in conflict settings
  • Helene Højfeldt Jakobsen, Returning foreign fighters: The case of Denmark
  • Françoise Bouchet-Saulnier & Jonathan Whittall, An environment conducive to mistakes? Lessons learnt from the attack on the Médecins Sans Frontières hospital in Kunduz, Afghanistan
  • Valérie McKnight Hashemi, A balancing act: The revised rules of access to the ICRC Archives reflect multiple stakes and challenges

Conference: 15th Annual Conference of the European Society of International Law

The European Society of International Law will hold its 15th Annual Conference on September 12-14, 2019, in Athens. The theme is: "Sovereignty: A Concept in Flux? | Souveraineté: Un concept en mouvement?" The conference program is here. Information on the pre-conference meetings of ESIL Interest Groups is here.

Call for Papers: ESIL 2020 Research Forum (Reminder)

The European Society of International Law has issued a call for papers for its 2020 Research Forum, which will take place April 23-24, 2020, at the Dipartimento di Giurisprudenza, Università degli Studi di Catania. The theme is: "Solidarity: The Quest for Founding Utopias of International Law." The call is here. The deadline is September 30, 2019.

Abi-Saab, Keith, Marceau, & Marquet: Evolutionary Interpretation and International Law

Georges Abi-Saab, Kenneth Keith, Gabrielle Marceau, & Clément Marquet have published Evolutionary Interpretation and International Law (Hart Publishing 2019). The table of contents is here. Here's the abstract:
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner.

New Volume: Recueil des Cours

Volume 399 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 399
    • Atsuko Kanehara, Reassessment of the Acts of the State in the Law of State Responsibility – A Proposal of an Integrative Theoretical Framework of the Law of State Responsibility to Effectively Cope with the Internationally Harmful Acts of Non-State Actors
    • Hannah L. Buxbaum, Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict

Monday, September 9, 2019

New Issue: Air & Space Law

The latest issue of Air & Space Law (Vol. 44, nos. 4/5, 2018) is out. Contents include:
  • Cyril-Igor Grigorieff & Dimitri De Bournonville, The 1952 Rome Convention on Surface Damage and Its Application in the Case of Aircraft Noise Emission: The Example of Belgium
  • Antigoni Lykotrafiti, A Comprehensive Study of Air Transport Liberalization Through the Lens of Strategic Airline Alliances
  • Daniela María Rojas García, Out-of-State Solutions for Outer Space Disputes: Delocalizing the Troubles of the Province of Mankind
  • Stamatis Varsamos, Single till v. Dual till and the Paradox of Airport Competition
  • Dimitra Stefoudi, The Relevance and Applicability of Cybersecurity Laws with Regard to Data Storage on Board Satellites and on the Ground
  • Charlotte Thijssen & Lisa Williams, Could Confirmation from the UK Court of Appeal Allowing Airlines to Compensate Passengers Directly Help Stamp Out Ambulance-Chasing over Passenger Rights Claims in the EU?

Conference: Atrocity Prevention: The Role of International Law and Justice

On September 20, 2019, Case Western Reserve University School of Law will host a conference on "Atrocity Prevention: The Role of International Law and Justice." The program is here.

Conference: Thirty-Third Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Thirty-Third Investment Treaty Forum Public Conference on October 18, 2019. The theme is: "Valuation of Damages in International Investment Law." The program is here.

Call for Submissions: Military Law and the Law of War Review

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre has issued a call for submissions for its upcoming issue. Here's the call:

The Military Law and the Law of War Review

Call for Papers

The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre is a journal specialised in matters of interest for both civilian and military legal advisors as well as legal scholars and academics. Published since 1962, it is among the oldest publications at the international level in the areas of military/security law and the law of war. For decades, the Review has been an important forum of discussion for scholars and practitioners from all over the world.

The Review is published under the auspices of the International Society for Military Law and the Law of War. It features original and challenging articles, case notes, commentaries of the latest legal developments, as well as book reviews.

For its coming issue, the Review’s editorial board welcomes submissions from scholars and practitioners that come within the broader scope of the Review (including military law, law of armed conflict, law on the use of force, as well as international criminal law and human rights law (inasmuch as related to situations of armed conflict)). The deadline for submission is 5 November 2019.

Submissions should be sent by e-mail to mllwr@ismllw.org and will be subject to double-blind peer review. Articles should normally not be longer than 15.000 words (footnotes included), although longer pieces may exceptionally be considered. Inquiries as to whether a possible submission comes within the scope of the Review can be sent to the abovementioned e-mail address.

Selected papers will be published online on the Review’s website in advance access (in a non-downloadable and non-printable form) as well as on Hein Online following editing and type-setting. The print version of the issue will appear in 2020.

Conference: State Sovereignty, Climate Policy and Dispute Resolution in Environmental Law

On September 10, 2019, the American Society of International Law's Interest Group of International Environmental Law will hold a conference on "State Sovereignty, Climate Policy and Dispute Resolution in Environmental Law," at FON University, in Skopje. The program is here.

Berge & St John: Asymmetric Diffusion: World Bank 'Best Practice' and the Spread of Arbitration in National Investment Laws

Tarald Laudal Berge (Univ. of Oslo - Political Science) & Taylor St John (Univ. of St Andrews - International Relations) have posted Asymmetric Diffusion: World Bank 'Best Practice' and the Spread of Arbitration in National Investment Laws. Here's the abstract:
Globally, 74 countries have domestic investment laws that mention investor-state arbitration and 42 of these laws provide consent to this form of arbitration. That is, they give foreign investors the right to bypass national courts and bring claims directly to arbitration. What explains this variation, and why do any governments include investor-state arbitration in their domestic legislation? To explain this variation, we argue that analytic institutions within international organizations framed arbitration references as ‘international best practice’ and technical assistance carried this framing to governments. Specifically, we argue that governments who receive technical assistance from the World Bank’s Foreign Investment Advisory Service are more likely to include arbitration in their laws. In our analysis, we apply a mixed-methods research design. We first use event history analysis and find that receiving World Bank technical assistance is an exceptionally strong predictor of domestic investment laws with arbitration. Then we illustrate our argument with a case study of the Kyrgyz Republic’s 2003 law. We conclude that templates are usually not copied and pasted directly into domestic investment laws; instead, they are translated, debated, and modified. Yet the drafting of domestic investment laws is, in many countries, a process permeated by international actors.

New Issue: International Studies Review

The latest issue of International Studies Review (Vol. 21, no. 3, September 2019) is out. Contents include:
  • Tobias Ide, The Impact of Environmental Cooperation on Peacemaking: Definitions, Mechanisms, and Empirical Evidence
  • Katarzyna Kaczmarska, Reification in IR: The Process and Consequences of Reifying the Idea of International Society
  • Maria Mälksoo, The Transitional Justice and Foreign Policy Nexus: The Inefficient Causation of State Ontological Security-Seeking
  • Rosemary Foot & Evelyn Goh, The International Relations of East Asia: A New Research Prospectus
  • Joseph M Grieco, The Schools of Thought Problem in International Relations
  • Quan Li, The Second Great Debate Revisited: Exploring the Impact of the Qualitative-Quantitative Divide in International Relations
  • Ryan M Katz-Rosene, The Treatment of Global Environmental Change in the Study of International Political Economy: An Analysis of the Field's Most Influential Survey Texts
  • Marcus Schulzke, Drone Proliferation and the Challenge of Regulating Dual-Use Technologies
  • Susan T Jackson, A Turning IR Landscape in a Shifting Media Ecology: The State of IR Literature on New Media

New Volume: Recueil des Cours

Volume 398 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 398
    • T. Treves, The Expansion of International Law, General Course on Public International Law

Call for Papers: ASIL Anti-Corruption Law Interest Group Works-in-Progress Conference (Reminder)

The Anti-Corruption Law Interest Group of the American Society of International Law has issued a call for papers for its first works-in-progress conference. The conference is cosponsored with the Faculty of Law at Ono Academic College and is organized in close cooperation with the Organisation for Economic Co-operation and Development. The conference will take place in Kiryat Ono, Israel, on December 16, 2019. The call is here. The deadline is September 13, 2019.

Ruiz Fabri & Paine: The Procedural Cross-Fertilization Pull

Helene Ruiz Fabri (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) & Joshua Paine (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) have posted The Procedural Cross-Fertilization Pull. Here's the abstract:
This paper argues that there is a distinct ‘pull’ towards cross-fertilization on procedural questions, meaning cross-fertilization between international courts and tribunals may be more likely for procedural issues than for questions of substantive law. As well as describing in a representative manner the substantial amount of cross-fertilization between international adjudicatory bodies that is occurring in relation to procedural issues, we attempt to provide a framework that helps explain this phenomenon. Our core suggestion is that procedural cross-fertilization is an ongoing process and is not just about borrowing by adjudicators, but involves contributions by a range of other actors, including the disputing parties, counsel, administering institutions and secretariats, professional bodies (eg the International Bar Association), and states as drafters of constitutive instruments and operators of control mechanisms. We suggest that three main considerations facilitate procedural cross-fertilization and even make it somewhat likely: the broad degree of discretion afforded to adjudicators on procedural issues; adjudicators’ duty to decide numerous procedural issues that arise throughout the proceedings; and sociological considerations concerning the circulation of a small number of personnel across multiple fora. We then analyse two wide-ranging considerations that counter-balance adjudicators’ broad discretion. On the one hand, various control mechanisms can be, and are, used by states to push adjudicators to remain faithful to their mandates, thus limiting the space for procedural cross-fertilization. On the other, procedural cross-fertilization feeds, and is fed by, an emerging model of international due process that is affecting all areas of international adjudication and that, by consolidating, becomes a constraining frame. This model of international due process has many components and we analyse its influence on two cross-cutting issues: expectations around the independence and impartiality of adjudicators and expectations around the transparency of adjudicatory processes.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added three lectures to the UN Audiovisual Library of International Law. They were given by Kristina Daugirdas on “How and Why International Law Binds International Organizations,” Gattās Abugattās on “El proceso de celebración de tratados en la Convención de Viena de 1969 sobre el Derecho de los Tratados,” and Elvira Méndez Chang on “Solución de controversias internacionales.”

Conference: Les îles et le droit international

On September 30, 2019, a conference on "Les îles et le droit international" will take place in Paris. The program is here. Here's the idea:

De l’île de Palmas à l’archipel des Chagos, l’île constitue un objet familier du droit international. Si sa définition a longtemps mobilisé juristes et géographes jusqu’à l’adoption de la Convention de Montego Bay en 1982, force est de constater que la production scientifique sur le sujet peine à se renouveler et avance en ordre dispersé avec une place prépondérante du droit de la mer. Pourtant, les îles cristallisent aujourd’hui un nombre croissant de problématiques intéressant plusieurs branches du droit international. Elles sont ainsi tour à tour des espaces de convoitises, des espaces à exploiter, et face aux menaces environnementales ou à la globalisation culturelle, des espaces à protéger.

Dans la jurisprudence internationale, les îles sont d’abord source de conflits. En effet, la multiplication des différends territoriaux est une des conséquences liées à la volonté continue des Etats de s’approprier de nouveaux territoires. L’île, en tant que territoire excentré, représente une occasion exceptionnelle pour les Etats d’étendre leur espace maritime autour d’enjeux stratégiques majeurs. Sur ce point, les progrès technologiques ont notamment permis de transformer artificiellement des îlots rocheux en espace insulaire, créant de nouveaux territoires avec la volonté d’échapper aux limitations conventionnelles s’appliquant aux îles artificielles et aux rochers non habitables. En la matière, la nature, elle-même, n’est pas en reste avec l’apparition de nouvelles îles volcaniques, sismiques ou sédimentaires.

Les îles sont aussi des espaces privilégiés de développement économique. A ce titre, elles sont principalement convoitées pour les ressources naturelles de leurs sols et sous-sol, pour la possibilité d’élargissement potentiel des zones de pêche et pour l’installation de régimes fiscaux et douaniers favorisant les investissements étrangers. En outre, au même titre qu’un bien immeuble, les îles peuvent être louées ou cédées en tout ou partie, gracieusement ou non ce qui n’est pas sans soulever de difficultés lorsque l’île en question est habitée.

A l’inverse, si certaines îles concentrent capitaux ou ressources naturelles, une partie conséquente des espaces insulaires souffrent au contraire de leur caractère ultrapériphérique. C’est le cas par exemple des « Petits Etats Insulaires du Pacifique Sud », selon la dénomination onusienne, dont la petite taille, la dispersion géographique, et l’isolement économique soulèvent des questions relevant du droit international du développement.

Enfin, les îles sont des espaces menacés d’abord par le réchauffement climatique comme le rappelle le préambule de la Convention-cadre des Nations-Unies sur le Changement climatique adoptée en 1992, puis plus généralement, par l’exploitation d’un écosystème insulaire à la fois précieux et vulnérable. En outre, les questions liées à l’engloutissement des îles telles que l’apparition de réfugiés climatiques ou la réduction de l’espace territorial et maritime des Etats insulaires, sont autant d’inconnues dont le droit international doit se saisir sans délai. Dans le même ordre d’idée, la mondialisation menace des cultures insulaires jusque-là épargnées en raison de leur isolement. Outre la mise en place d’un régime international de protection, la préservation de ces identités peut nécessiter l’établissement de régimes juridiques dérogatoires et de modes de gouvernance à l’autonomie renforcée.

New Issue: International Affairs

The latest issue of International Affairs (Vol. 95, no. 5, September 2019) is out. Contents include:
  • Maritime Security: The Uncharted Politics of the Global Sea
    • Christian Bueger, Timothy Edmunds, & Barry J. Ryan, Maritime security: the uncharted politics of the global sea
    • Aviad Rubin & Ehud Eiran, Regional maritime security in the eastern Mediterranean: expectations and reality
    • Douglas Guilfoyle, The rule of law and maritime security: understanding lawfare in the South China Sea
    • Elizabeth R. DeSombre, The security implications of fisheries
    • Katja Lindskov Jacobsen & Jessica Larsen, Piracy studies coming of age: a window on the making of maritime intervention actors
    • Barry J. Ryan, The disciplined sea: a history of maritime security and zonation
    • Laura Considine, Contests of legitimacy and value: the Treaty on the Prohibition of Nuclear Weapons and the logic of prohibition
    • Clare Wenham, The oversecuritization of global health: changing the terms of debate
    • Amy S. Patterson & Elizabeth Gill, Up in smoke? Global tobacco control advocacy and local mobilization in Africa
    • Maha Kamel & Hongying Wang, Petro-RMB? The oil trade and the internationalization of the renminbi

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 33, no. 3, Fall 2019) is out. Contents include:
  • Essay
    • Claudia Fuentes-Julio & Raslan Ibrahim, A Human Rights Approach to Conflict Resolution
  • Roundtable: Economic Sanctions and their Consequences
    • Joy Gordon, Introduction
    • Dursun Peksen, Political Effectiveness, Negative Externalities, and the Ethics of Economic Sanctions
    • Idriss Jazairy, Unilateral Economic Sanctions, International Law, and Human Rights
    • Joy Gordon, The Not So Targeted Instrument of Asset Freezes
  • Features
    • Janina Dill, Distinction, Necessity, and Proportionality: Afghan Civilians’ Attitudes toward Wartime Harm
    • Neil C. Renic, Battlefield Mercy: Unpacking the Nature and Significance of Supererogation in War
  • Review Essay
    • William Smith, The Ethics of (Un)Civil Resistance

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 36, no. 5, 2019) is out. Contents include:
  • Maxi Scherer, Artificial Intelligence and Legal Decision-Making: The Wide Open?
  • Peter Georg Picht & Gaspare Tazio Loderer, Arbitration in SEP/FRAND Disputes: Overview and Core Issues
  • Angshuman Hazarika & Pieter Van Vaerenbergh, ‘One Rule to Rule Them All’: Rules for Article 25 DSU Arbitration
  • Robert Bradshaw, How to Obtain Evidence from Third Parties: A Comparative View
  • Karolina Mania, American and European Perspectives on Arbitration Agreements in Online Consumer Contracts

Call for Papers: ‘The Hope of Ages is in the Process of Realization’ Establishing a World Court, 1920-1922

A call for papers has been issued for a workshop on "‘The Hope of Ages is in the Process of Realization’ Establishing a World Court, 1920-1922," which will be held June 11-12, 2020, in Nijmegen. The call is here.

Friday, September 6, 2019

Dreyfuss: Hedging Bets with BITS: The Impact of Investment Obligations on Intellectual Property

Rochelle Cooper Dreyfuss (New York Univ. - Law) has posted Hedging Bets with BITS: The Impact of Investment Obligations on Intellectual Property (in The Constitutional Transformation of Global IP Protection, Jonathan Griffiths & Tuomas Mylly eds., forthcoming). Here's the abstract:

In a 2015 article, my coauthor, Susy Frankel, and I warned that shifts in international lawmaking — from the World Intellectual Property Organization, to the World Trade Organization (WTO), and then to bilateral investment treaties and free trade agreements — have erected, in the terms used in the Conference at which this paper was presented, a high hedge around intellectual property rights, one that may protect these rights from state action designed to protect constitutive values and further legitimate sovereign needs. Since that article was published, two investor-state dispute settlements (ISDS) involving intellectual property have been resolved by final award. In both cases, the state prevailed, suggesting to many that the hedge may not be as impenetrable as we suggested.

In this piece, I argue that this view is wrong. A comparison of an ISDS case challenging tobacco legislation to a similar challenge in the WTO demonstrates that ISDS is a highly pernicious constraint. It creates opportunities for forum shopping and raises the cost of defending regulatory activity. The framing of investment disputes means that even actions that comply with international law can be challenged as undermining investments or denying fair and equitable treatment. To complicate matters, investors may be more eager to bring disputes than state entities. At the same time, the professional arbitrators who hear ISDS disputes may be less likely to take account of the state’s obligations to serve the needs all its citizens. Furthermore, they may be more likely to decide disputes in ways that encourage further challenges. As a result, ISDS hedges cast a heavy shadow on state action and may chill important state activity. Clipping the hedge requires the drafters of investment obligations and the tribunals that hear ISDS disputes to take account of the intangibility of IP rights in determining when IP is sufficiently localized in the host state that it should be considered protectable by that state’s investment obligations. Further, I explore institutional changes, such as the standing tribunal proposed by CETA and other ways to discourage ISDS challenges. At the end of the day, however, one must question whether ISDS, which allows foreigners to challenge a government’s choices, is an appropriate vehicle for maintaining hedges — for striking the right domestic balance between the interests of IP holders and those of the public.

Wählisch: Peacemaking, Power-sharing and International Law: Imperfect Peace

Martin Wählisch has published Peacemaking, Power-sharing and International Law: Imperfect Peace (Hart Publishing 2019). Here's the abstract:
This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

SFDI: Tribunaux régionaux et développement du droit international : Hommage au Professeur Maurice Kamto

The Société française pour le droit international has published Tribunaux régionaux et développement du droit international : Hommage au Professeur Maurice Kamto (Pedone 2019). The table of contents is here. Here's the abstract:
En octobre 2015, la Société Africaine pour le Droit International (SADI), en collaboration avec le Centre d’Etudes et de Recherche en Droit International et Communautaire de l’Université de Yaoundé II (CEDIC) et le Manchester International Law Centre (MILC), organisait, en l’honneur du Professeur Maurice Kamto, son quatrième colloque annuel consacré au thème des tribunaux régionaux et du développement du droit international. Les actes de ce colloque démontrent à quel point, à l’image des articles rassemblés, la contribution des tribunaux régionaux à l’application et à l’évolution du droit international peut être riche et multiforme. Le présent ouvrage est publié en hommage au Professeur Maurice Kamto et en reconnaissance de son engagement incessant en faveur du droit international et du respect des droits fondamentaux.

Longobardo: The Criminalisation of Intra-Party Offences in Light of Some Recent ICC Decisions on Children in Armed Conflict

Marco Longobardo (Univ. of Westminster - Law) has posted The Criminalisation of Intra-Party Offences in Light of Some Recent ICC Decisions on Children in Armed Conflict (International Criminal Law Review, forthcoming). Here's the abstract:
Traditionally, international humanitarian law is considered to be applicable only to the relationship between different parties of an armed conflict, while domestic law and international human rights law address situations of intra-party conduct, i.e., conduct involving members of the same party only. In the recent case law of the International Criminal Court, however, intra-party offences against children used as child soldiers have been treated as war crimes. Various Chambers have offered different arguments on this inclusion, which touches upon fundamental issues related to the scope of application of international humanitarian law. This article explores whether the criminalisation of intra-party offences as war crimes is in line with contemporary international humanitarian law, arguing that a positive answer must be based on the correct interpretation of international humanitarian law rules.

Baetens: Legitimacy of Unseen Actors in International Adjudication

Freya Baetens (Universitetet i Oslo - Law) has published Legitimacy of Unseen Actors in International Adjudication (Cambridge Univ. Press 2019). The table of contents is here. Here's the abstract:
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.