How do rising powers execute normative resistance to shape international order? Contrary to the existing literature, I argue that rising powers are productive agents of normative change and international order-making, through the use of rhetorical adaptation to contest pre-existing orders. Rhetorical adaptation is a strategy and set of tactics that simultaneously modifies norm content, while reducing critiques of obstructionism. To make this argument, this article traces China’s efforts as a ‘norm shaper’ regarding the responsibility to protect through the inception, institutionalization and implementation of the norm in the landmark 2011 Libya intervention. China layers traditional sovereignty norms under the responsibility to protect, focusing and narrowing the emerging norm by fortifying the primacy of the state. While I show how China resists co-option into an evolving ontological order that challenges traditional sovereignty, the article also addresses the unforeseen consequences of China’s normative efforts that ‘backfired’ to permit the use of the responsibility to protect to justify Libyan regime change. More broadly, this article speaks to rising powers as agents crafting international order, and the process of normative resistance that occurs throughout the norm life cycle. I draw from publicly available documents and semi-structured interviews with Chinese foreign policy and United Nations elites.
Saturday, June 29, 2019
Fung: Rhetorical adaptation, normative resistance and international order-making: China’s advancement of the responsibility to protect
- Yutaka Arai-Takahashi, Unearthing the Problematic Terrain of Prolonged Occupation
- Ramute Remezaite, Challenging the Unconditional: Partial Compliance with ECtHR Judgments in the South Caucasus States
- Antal Berkes, Human Rights Obligations of the Territorial State in the Cyberspace of Areas Outside Its Effective Control
- Klaus D Beiter, Where Have All the Scientific and Academic Freedoms Gone? And What Is ‘Adequate for Science’? The Right to Enjoy the Benefits of Scientific Progress and Its Applications
- Lorenzo Gradoni, Un-procedural Customary Law
- Niccolò Ridi, The Shape and Structure of the ‘Usable Past’: An Empirical Analysis of the Use of Precedent in International Adjudication
- Isuru C Devendra, State Responsibility for Corruption in International Investment Arbitration
- Benjamin Salas Kantor & María Elisa Zavala Achurra, The Principle of res judicata before the International Court of Justice: in the Midst of Comradeship and Divorce between International Tribunals
- Antoine Cottin & Panagiotis A Kyriakou, Revisiting the Dispute Requirement in International Interpretation Proceedings: Deeds, not Words
- Current Developments
- Mihaela-Maria Barnes, The ‘Social License to Operate’: An Emerging Concept in the Practice of International Investment Tribunals
Friday, June 28, 2019
Call for Submissions: Rosalyn Higgins Prize of The Law & Practice of International Courts and Tribunals (Reminder)
The Law & Practice of International Courts and Tribunals now invites submissions for the Rosalyn Higgins Prize
In light of her outstanding and inspiring achievements in the field of international dispute settlement, the Law & Practice of International Courts and Tribunals (LPICT) has named a Prize in honour of H.E. Rosalyn Higgins.
The Rosalyn Higgins Prize is an annual prize which awards EUR 1.000 of Brill book vouchers and a LPICT subscription to the author of the best article on the law and practice of the International Court of Justice, either solely focusing on the ICJ or with the ICJ as one of the dispute settlement mechanisms under consideration. The winning article will also be published in LPICT and made freely available online to maximize its dissemination.
Competition for the Prize is open to all: scholars as well as practitioners, junior as well as senior professionals. Submissions will be selected via a double-blind peer review process by a Prize Committee, including both co-Editors-in-Chief.
Exceptionally, two papers of an equally high standard can be selected. The Committee is also able to choose not to award the Prize if in its opinion none of the submitted papers reaches the required standards.
Submissions should be between 6.500 and 8.000 words in length, not yet published or under review elsewhere. Other submission requirements are the same as for regular LPICT submissions (instructions available here).
Submissions now open! Deadline: 31 August 2019
All papers for consideration of the 2019 prize should be sent directly to Pierre Bodeau-Livinec (email@example.com) and Freya Baetens (firstname.lastname@example.org), LPICT Co-Editors- in-Chief.
The winner(s) will be announced in September 2019.
- Research Articles
- Noah L. Nathan, Electoral Consequences of Colonial Invention: Brokers, Chiefs, and Distribution in Northern Ghana
- Benjamin Barber & Charles Miller, Propaganda and Combat Motivation: Radio Broadcasts and German Soldiers’ Performance in World War II
- Timm Betz & Amy Pond, Foreign Financing and the International Sources of Property Rights
- Jack Paine, Democratic Contradictions in European Settler Colonies
- Margarita H. Petrova, Naming and Praising in Humanitarian Norm Development
- D.W. Macdonald, Brushes with the Law: A Conservation Scientist’s Perspective on Legal Solutions and Impediments from Scottish Wildcats to African Lions
- Habte Jebessa Debella, “Command and Control”: 75 Years of Quasi Wildlife Policy Analysis of Ethiopia
- Simon Jolivet, Protected Areas Managers, Local Authorities, and Transboundary Conservation: The French Experience
Conference: Les enjeux contemporains des communications numériques : aspects de droit international et européen
Thursday, June 27, 2019
CALL FOR AUTHORS
Smit & Herzog on the Law of the European Union
Herzog, Campbell & Zagel eds
This four-volume loose-leaf founded by Prof Hans Smit and Prof Peter Herzog more than 30 years ago was the first English-language and remains the most comprehensive article-by-article commentary of the treaties through which the European Union is established and operates.
The editors seek to refresh Smit & Herzog’s stable of authors on the occasion of the recent or impending retirement of several of the highly regarded academics and practitioners who have contributed to Smit & Herzog for many years. For the relevant (groups of) articles, see here.
We invite expressions of interest from holders of doctoral (or higher) degrees in European Union law (with teaching and research or practice experience).
The parameters for engagement would be (i) to prepare, over the next 12-18 months, updates or rewrites of existing commentary or in some cases submit new manuscripts on articles as yet without commentary and (ii) to commit to update said commentary (at least once) in the ensuing 3-5 years. The publication issues update releases every six months.
A very general template is to be followed in preparing the commentaries, but this still allows ample scope for each author to analyse the provisions according to her or his own expert approach.
For additional information, please contact email@example.com referencing “Smit & Herzog” in the subject line.
- The Publication of Arbitral Awards as a Contribution to Legal Development – A Plea for more Transparency in International Commercial Arbitration (A summary of the doctoral thesis “Die Veröffentlichung von Schiedssprüchen als Beitrag zur Normbildung”, Mohr Siebeck, 2016)
- Thomas Legler, ‘OBOR’ an Internationalized Initiative for Integrated Development
- Johannes Landbrecht, Strong by Association: Arbitration’s Policy Debates, Mandatory Rules, and PIL Scholarship
- Michael Wietzorek, Luxembourg’s Rejection of the French Approach to the Recognition and Enforcement of Annulled Arbitral Awards
- Falco Kreis & Markus Kaulartz, Smart Contracts and Dispute Resolution – A Chance to Raise Efficiency?
- Matthias Scherer, The Consequences of a Tribunal Secretary’s Breach of Duties – the Games of Thrones Edition
The current crisis engulfing the multilateral trading system has crystalized in the dispute over the (re-)appointment of the members of the World Trade Organization’s Appellate Body. While the legislative arm of the organization has never lived up to its potential, its dispute settlement arm with the Appellate Body at its apex was seen as a lodestar for other international courts and tribunals. The United States has taken issue not only with individual decisions of the Appellate Body (as well as individual Appellate Body members), but with the institution as such. The article recounts the important institutional redesign that has led to the Appellate Body becoming the World Trade Organization’s institutional “centerpiece”. These very same developments are now destined to lead to the Appellate Body’s downfall with potential reverberations for the entire World Trade Organization’s dispute settlement process. Moreover, it threatens the institution as a whole, unless some last minute compromise can be found between various competing visions of global economic governance.
Kassoti: The EU's Duty of Non-Recognition and the Territorial Scope of Trade Agreements Covering Unlawfully Acquired territories
Recently, the international legality of the EU’s economic activity in unlawfully acquired territories has gained much salience. Claims are increasingly heard that the duty of non-recognition requires the inapplicability of trade agreements to unlawfully acquired territories. In this light, this article attempts a survey of the relevant EU practice by focusing on the case-studies of Palestine and Western Sahara. The main question examined here is whether the EU has acted in breach of its obligation of non-recognition by concluding agreements with third States that extend to unlawfully acquired territories. Overall, this article argues that there is a growing gap between EU identity rhetoric as a promoter of international law and its actual practice on the ground.
Conference: Le traité de Versailles et le pacte de la SDN : Un tournant dans l'histoire du droit international ?
Wednesday, June 26, 2019
- Paolo Galizzi, Introduction: International Trade: Isolationism, Trade Wars, & Trump
- William Jannace & Paul Tiffany, A New World Order: The Rule of Law, or the Law of Rulers?
- Rachel Brewster, Analyzing the Trump Administration’s International Trade Strategy
- J. Benton Heath, National Security and Economic Globalization: Toward Collision or Reconciliation?
- Simon Lester & Huan Zhu, A Proposal for “Rebalancing” to Deal with “National Security” Trade Restrictions
- Sebastiaan Rietjens & Chiara Ruffa, Understanding Coherence in UN Peacekeeping: A Conceptual Framework
- Mathilde Leloup, Heritage Protection as Stabilization, the Emergence of a New ‘Mandated Task’ for UN Peace Operations
- Özker Kocadal, Emerging Power Liminality in Peacebuilding: Turkey’s Mimicry of the Liberal Peace
- Roger Mac Ginty, Madhav Joshi & SungYong Lee, Liberal Peace Implementation and the Durability of Post-war Peace
- Moritz Schuberth, Brazilian Peacekeeping? Counterinsurgency and Police Reform in Port-au-Prince and Rio de Janeiro
- Symposium: The Role of "Soft Law" in International Insolvency and Commercial Law
- Layan Charara, Introduction to Symposium on the Role of "Soft Law" in International Insolvency and Commercial Law
- Henry Deeb Gabriel, The Use of Soft Law in the Creation of Legal Norms in International Commercial Law: How Successful Has It Been?
- Susan Block-Lieb, Soft and Hard Strategies: The Role of Business in the Crafting of International Commercial Law
- John A. E. Pottow, The Dialogic Aspect of Soft Law in International Insolvency: Discord, Digression, and Development
- Irit Mevorach, A Fresh View on the Hard/Soft Law Divide: Implications for International Insolvency of Enterprise Groups
- Charles W. Mooney Jr., Global Standards for Securities Holding Infrastructures: A Soft Law/Fintech Model for Reform
- Special Section: Police Reform and Human Rights in the Western Balkans
- Gemma Collantes-Celador & Stephanie Schwandner-Sievers, Introduction to special section on ‘police reform and human rights in the Western Balkans’
- Tobias Flessenkemper, European Union approaches to police and human rights in the Western Balkans
- Barry J. Ryan, Becoming Montenegrin: biopower, police reform and human rights
- Filip Ejdus & Mina Božović, Europeanisation and indirect resistance: Serbian police and Pride Parades
- Arianit Koci & Tonin Gjuraj, The relationship between community policing and human rights in Albania's police reform
- Regular Articles
- Luka Glušac, Assessing the relationship between parliament and ombudsman: evidence from Serbia (2007–2016)
- Maureen Stobb, A shield in battle: the contingent value of human rights treaties to INGOs in autocracies
- Francesca Romana Ammaturo, The Council of Europe and the creation of LGBT identities through language and discourse: a critical analysis of case law and institutional practices
- Edward van Daalen & Nicolas Mabillard, Human rights in translation: Bolivia’s law 548, working children’s movements, and the global child labour regime
- Tracey Skillington, Changing perspectives on natural resource heritage, human rights, and intergenerational justice
- Darren J. O'Byrne, Marxism and human rights: new thoughts on an old debate
- Matthew Evans, Contentious politics and contentious scholarship: challenges researching social movements in South Africa
- Alberto Quintavalla & Klaus Heine, Priorities and human rights
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas.
This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.
Customary international law is law that “results from a general and consistent practice of states followed by them from a sense of legal obligation.” “International agreements create law for states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely accepted.” Does customary international law (CIL) exist in tax? There are over 3,000 bilateral tax treaties, and they are about 80% identical to each other, but do they create CIL that binds in the absence of a binding treaty, like for example the Vienna Convention on the Law of Treaties binds the US, which has not ratified it? This chapter will argue that the answer is yes, using four examples: jurisdiction to tax, the permanent establishment (PE) threshold, the arm’s length standard, and non-discrimination.
Tuesday, June 25, 2019
This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term.
International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.
- Lauri Mälksoo, ONUMA Yasuaki (1946–2018)
- Lauren Benton, Beyond Anachronism: Histories of International Law and Global Legal Politics
- Ville Kari, Freebooters and Free Traders: English Colonial Prize Jurisdiction in the West Indies 1655–1670
- Daniel Ricardo Quiroga-Villamarín, ‘An Atmosphere of Genuine Solidarity and Brotherhood’: Hernán Santa-Cruz and a Forgotten Latin American Contribution to Social Rights
- Mark Somos & Morgan Gostwyck-Lewis, A New Architecture of Justice: Dan Kiley’s Design for the Nuremberg Trials
- Special Issue: Reflections on International Relations 1919-2019
- William Bain, Continuity and change in international relations 1919–2019
- Chris Brown, The promise and record of international institutions
- Terry Nardin, The international legal order 1919–2019
- Colin Wight, Violence in international relations: The first and the last word
- Andrew Phillips, Global security hierarchies after 1919
- Ayşe Zarakol, ‘Rise of the rest’: As hype and reality
- Or Rosenboim, State, power and global order
- Michael Cox, Nationalism, nations and the crisis of world order
- Cecelia Lynch, The moral aporia of race in international relations
- Daniel W Drezner, Technological change and international relations
- Stacie E Goddard, Paul K MacDonald, & Daniel H Nexon, Repertoires of statecraft: instruments and logics of power politics
- Beate Jahn, The sorcerer’s apprentice: Liberalism, ideology, and religion in world politics
- Tim Dunne & Nicholas J Wheeler, Great illusions or great transformations? Human rights and international relations a hundred years on
- Ken Booth, International Relations: The Story So Far
Monday, June 24, 2019
Imagine two groups of people. The first group is composed of a colourful patchwork of individuals: some young, some old; some wild, some tame; some from the left, some from the right; some chagrined spirits, some solar souls; some cultivating friendship and warmth, some pursuing individuality and jealousy; some free, some revering Calvin, some fearing djinns; some machos and some tiptoeing angels; some male, some female, and some unclear; some enjoying this very text, some already hating it for its indecorousness in the legal academy. The second group is composed almost exclusively of white men aged 50 to 70, properly and somewhat strictly educated in European or North American universities, more possessive than generous, overworked and quite unhappy, rather disillusioned, all dark-suits-and-sober-ties, intellectually somewhat insecure, socially somewhat haughty.
Who would you choose?
This paper discusses the prevailing spirit, attitudes, aspirations in the arbitration community – its ethos, then – and how it likely affects decision-making within the field and the future of the field itself.