What does accountability of international organisations mean? What does it mean for transnational corporations? How can they be held accountable? This book analyses and compares the accountability frameworks of both types of institutions—their rationales, conceptualisations and mechanisms. To achieve this, it comprehensively examines two select institutions: the United Nations and Siemens. It presents their similarities and differences in detail, compares their accountability mechanisms and critically assesses their conceptualisations of accountability. To understand underlying structures, the book makes use of economic theories. It adopts and refines a procedural understanding of accountability originally developed in international relations and political science. Last but not least, this book examines to what extent accountability has become a legal concept and aims at contributing to the ongoing efforts of conceptualising ‘accountability’.
Saturday, October 5, 2019
Möldner: Accountability of International Organizations and Transnational Corporations: A Comparative Analysis
- Special Issue on Fintech
- Nick Bernards & Malcolm Campbell-Verduyn, Understanding technological change in global finance through infrastructures
- Marie Langevin, Big data for (not so) small loans: technological infrastructures and the massification of fringe finance
- Nick Bernards, The poverty of fintech? Psychometrics, credit infrastructures, and the limits of financialization
- Daivi Rodima-Taylor & William W. Grimes, International remittance rails as infrastructures: embeddedness, innovation and financial access in developing economies
- Chris Clarke, Platform lending and the politics of financial infrastructures
- J. P. Singh, Development finance 2.0: do participation and information technologies matter?
- Malcolm Campbell-Verduyn, Marcel Goguen & Tony Porter, Finding fault lines in long chains of financial information
- Lorenzo Genito, Mandatory clearing: the infrastructural authority of central counterparty clearing houses in the OTC derivatives market
- Original Articles
- Herman Mark Schwartz, What’s wealth got to do with it? Global balance sheets and US geo-economic power
- Cecilia Rikap, Asymmetric Power of the Core: Technological Cooperation and Technological Competition in the Transnational Innovation Networks of Big Pharma
- Kelly Gerard, Rationalizing ‘gender-wash’: empowerment, efficiency and knowledge construction
- Katharina L. Meissner, Cherry picking in the design of trade policy: why regional organizations shift between inter-regional and bilateral negotiations
- Research Articles
- Bernard Hoekman & Charles Sabel, Open Plurilateral Agreements, International Regulatory Cooperation and the WTO
- Bart Joachim Bes, Thomas Sommerer, & Hans Agné, On Legitimacy Crises and the Resources of Global Governance Institutions: A Surprisingly Weak Relationship?
- Special Section - The Autonomisation of Weapons Systems: Challenges to International Relations
- Ingvild Bode & Hendrik Huelss, Introduction to the Special Section: The Autonomisation of Weapons Systems: Challenges to International Relations
- Justin Haner & Denise Garcia, The Artificial Intelligence Arms Race: Trends and World Leaders in Autonomous Weapons Development
- Maaike Verbruggen, The Role of Civilian Innovation in the Development of Lethal Autonomous Weapon Systems
- Merel Ekelhof, Moving Beyond Semantics on Autonomous Weapons: Meaningful Human Control in Operation
- Katja Lindskov Jacobsen & Rune Saugmann, Optimizing Coalition Air Warfare: The Emergence and Ethical Dilemmas of Red Card Holder Teams
- Hendrik Huelss, Deciding on Appropriate Use of Force: Human‐machine Interaction in Weapons Systems and Emerging Norms
- Ingvild Bode, Norm‐making and the Global South: Attempts to Regulate Lethal Autonomous Weapons Systems
- Şerif Onur Bahçecik, Civil Society Responds to the AWS: Growing Activist Networks and Shifting Frames
- Elvira Rosert & Frank Sauer, Prohibiting Autonomous Weapons: Put Human Dignity First
- Survey Article
- Jan Karlas & Michal Parízek, The Process Performance of the WTO Trade Policy Review Mechanism: Peer‐Reviewing Reconsidered
- Policy Insights
- Philipp Pattberg, Oscar Widerberg, & Marcel T. J. Kok, Towards a Global Biodiversity Action Agenda
- Chiara Oldani, On the Perils of Structured Loans Financing in France and Italy
- Practitioner’s Special Section - Strengthening Institutional Collaboration for Development and Economic Growth
- Andreas Klasen, Introduction to the Special Section: Strengthening Institutional Collaboration for Development and Economic Growth
- Benedict Oramah :& Richman Dzene, Globalisation and the Recent Trade Wars: Linkages and Lessons
- Stefanie Hinz, Open Markets as a Source of Prosperity – Evidence of the Federal State of Baden‐Wuerttemberg
- Ratnakar Adhikari, Targeting Aid for Trade for Impactful Capacity‐Building in the Least Developed Countries
- Juri Suehrer, The Future of FDI: Achieving the Sustainable Development Goals 2030 through Impact Investment
- Ashish Kumar, Accumulation and Mobilization of Capital for Sustainable Development – Historical Perspective and Significance of ECA Financing
- Edna Schöne, Foreign Trade Finance: Requirements and Challenges in Times of Change
- Claudia Oberle & Lars Ponterlitschek, Dos and Don'ts in Export Transactions: A Practitioner's Guide for SMEs?
- Allon Groth, Five Reasons Why Export Credit Institutions Should Measure and Report their Social Impact
- Mariane Søndergaard‐Jensen, Will OECD Governments Avoid the Path Towards a New Credit War?
- Jennifer Henderson & Diana Smallridge, Trade Finance Gaps in a Heightened Regulatory Environment: The Role of Development Banks
- Harald Hirschhofer, Would Gradual De‐Dollarization and More Financing in Local Currencies Boost Trade?
- Ferdinand Schipfer, How Close the Aid‐Community and ECA Universes Are
- Daniel Riordan, Public/Private Sector Collaboration Can Promote Trade Growth
- Review Essay
- Charlotte Steinorth, Rewriting the Past: The Global South in Human Rights History
The burgeoning field of Jewish legal biography has produced a profusion of new studies of Jewish lawyers, lawyering, and legal thought in the international arena. This biographicalization of legal history promises obvious rewards. Biography can unlock deeper chains of influence and forgotten acts of invention. It possesses the moral potential to restore lives displaced or disrupted by the Holocaust to their rightful places in the history of the law and law’s memory. In our own fraught moment of historical reckoning, the European Jewish experience beckons as a rich historical resource with which to rethink transnational activism and individual agency, migration and statelessness, antisemitism and fascism. Yet biography is never a neutral art. The very choice of which life to deem worthy of attention depends on an often implicit set of assumptions about relevance and uniqueness that risk historical essentialism.
In this chapter, I explore these challenges by discussing the specter of “interest” in the writing of Jewish legal biography, past and present. I take “interest” in a variety of senses: the reasons why so many Jews gravitated in disproportionate numbers to international law as a profession; the biographer’s underlying motivation for choosing which specific Jewish legal lives to chronicle; and international law’s own image of itself as a neutral sphere of human action transcending political interests. Reviewing assorted key moments in the past century of attempts at Jewish legal biography, I posit that two different approaches have governed these biographical efforts vis-à-vis the concept of interest: a liberal cosmopolitan meta-narrative that frames international Jewish lawyering as a form of legalist anti-politics; and a liberal nationalist meta-narrative that hails Jewish politics as the proper starting point for a necessary legal reordering of the world. As we shall see, the links and tensions between these different kinds of interest are crucial to questions of method and meaning. They come together in the challenge at the root of all contemporary legal biography: How do we relate the one to the many without flattening individual lives into essentialist fables in the process?
The organisation and design of maritime regulation is a critical question for the many trade oriented economies. The Research Handbook on Maritime Law and Regulation addresses the key concepts and issues facing the regulation of maritime affairs, questioning the legal structures through an analysis of current legal and regulatory frameworks. These unique contributions interrogate the current system of maritime law and regulation, challenging its traditional perceptions as being either convention law based or national law oriented. The contributors cover a range of crucial demands for maritime law and regulation, from shipping contracts to maritime conventions and linkages, embracing an integrated approach to maritime law. Emphasising the link between theory, practice and policy, this Research Handbook focuses on real world developments and their impact on law and regulation.
- October 11, 2019: Joseph Weiler (New York Univ. - Law), Taking Teaching Seriously: How to Teach Treaty Interpretation (Eli Lauterpacht Lecture)
- October 18, 2019: Fuad Zarbiyev (Graduate Institute), Linguistic rationality as discursive commitment: rethinking international legal normativity
- October 25, 2019: Hannah Woolaver (Univ. of Capetown - Law), From Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty Withdrawal
- November 1, 2019: Mary Ellen O'Connell (Univ. of Notre Dame - Law), Armed Rebellion, Intervention, and International Law
- November 8, 2019: Larissa van den Herik (Leiden Univ. - Law), Transnational illiberal spaces and international law
- November 15, 2019: Sara Kendall (Univ. of Kent - Law), Legal Humanitarianism: the Restorative Turn in International Criminal Law
- November 22, 2019: Pierre-Marie Dupuy (Univ. of Paris (Panthéon-Assas) - Law), Twenty Years Later: How has International Law evolved as a legal Order?
- November 29, 2019: Douglas Guilfoyle (Univ. of New South Wales - Law), Reforming the International Criminal Court
- Kristi Heather Kenyon, Viewing international concepts through local eyes: activist understandings of human rights in Botswana and South Africa
- Erick Hernández Benítez & María-José Rivera, The Ecuadorian legal framework and humanitarian immigration of Colombians in Cuenca: Where is the gap?
- Anna Micara, Human rights protection in new generation’s free trade agreements of the European Union
- Juan Carlos Ochoa-Sánchez, Economic and social rights and truth commissions
- E. Katariina Paakkanen, Entitled, empowered or victims – an analysis of discourses on male and female circumcision, genital mutilation/cutting and genital cosmetic surgery
- Selman Özdan, State immunity or State impunity in cases of violations of human rights recognised as jus cogens norms
- Nimisha Patel, Conceptualising rehabilitation as reparation for torture survivors: a clinical perspective
Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
- General Section
- Athanasios Yupsanis, Autonomy for Minorities: Definitions, Types and Status in International Law
- Special Section One: Law, War and New Technology
- Sia Spiliopoulou Akermark, Old Rules and New Technology: Drones and the Demilitarisation and Neutralisation of the Aland Islands
- Isabella Brunner, Marija Dobric & Verena Pirker, Proving a State's Involvement in a Cyber-Attack: Evidentiary Standards before the ICJ
- Natalia Jevglevskaja, Legal Review of New Weapons: Origins of Article 36 of AP I
- Kenneth Kraszewski, Classification of Cyber Operations under International Law
- Special Section: The Ideal of the International – Principles, Backlash and Resistance
- Nikolay Marin & Bilyana Manova, The Rise of Nationalism and Populism in Liberal Democracies as a Challenge for Public International Law
Thursday, October 3, 2019
Wednesday, October 2, 2019
Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010.
In recent years the UNHCR has expressed increasing concern at how war, violence and persecution have resulted in an age of unprecedented mass displacement. The global financial crisis, the rise of populist leaders, and the growth of anti-EU parties, raises the need to interrogate the ‘refugee’, ‘migrant’, ‘citizen’, ‘stateless’, ‘legal’, and ‘illegal’ as concepts. This Research Handbook maintains that refugees need to be seen as core indicators of the failure of national, international, economic, and political governance, and provides critical analyses of the legal ordering of refugees, giving a glimpse at what the future of refugee law could – and should – look like.
Bringing together experts in the field, the innovative and groundbreaking chapters provide a critical perspective on the legal landscape for refugees at a time when the politics and legitimacy of transnational regulatory governance are in question as never before. In an age of growing ethnic nationalism and anti-immigrant rhetoric, the contributing authors examine key issues surrounding refugees and migration, and build a new outlook on social justice, as the post-war international order ends.
Attribution of cyberattacks requires identifying those responsible for bad acts, prominently including states, and accurate attribution is a crucial predicate in contexts as diverse as criminal indictments, insurance coverage disputes, and cyberwar. But the difficult technical side of attribution is just the precursor to highly contested legal and policy questions about when and how to accuse governments of responsibility for cyberattacks. Although politics may largely determine whether attributions are made public, this Article argues that when cyberattacks are publicly attributed to states, such attributions should be governed by legal standards. Instead of blocking the development of evidentiary standards for attribution, as the United States, United Kingdom, and France are currently doing, states should establish an international law requirement that public attributions must include sufficient evidence to enable cross-checking or corroboration of the accusations. This functionally defined standard harnesses both governmental and non-governmental attribution capabilities to shed light on states’ actions in cyberspace, and understanding state practice is a necessary precondition to establishing norms and customary international law to govern state behavior. Moreover, setting a clear evidentiary standard for attribution in the cybersecurity context has the potential to clarify currently unsettled general international law on evidentiary rules. The Article also engages debates about institutional design for cyberattack attribution. Companies and think tanks have made several recent proposals for an international entity to handle attribution of state-sponsored cyberattacks. Although these proposals have much to recommend them, the Article argues that such an entity should supplement, not replace, the current decentralized system of attribution. Having a multiplicity of attributors—both governmental and non-governmental—yields a greater likelihood that public attributions will serve the goals that attributors aim to achieve, namely strengthening defenses, deterring further attacks, and improving stability in and avoiding conflict over cyberspace.
- Laura Katharina Sophia Neumann, Collisions of Common and Civil Law Approaches within the ICC’s Unique Procedural Framework – A Permanent Challenge Exposed by Recent Developments
- Marco Longobardo, The Criminalisation of Intra-party Offences in Light of Some Recent ICC Decisions on Children in Armed Conflict
- Marco Bocchese, After Ratification: Predicting State Compliance with ICC Treaty Obligations
- Nada Ali, Through a Glass Darkly: The ICC, the UNSC and the Quest for Justice in International Law
- Ugo Cedrangolo, The Accountability for International Crimes Perpetrated by Children
- Kirsten J. Fisher, International Criminal ‘Lawfare’ and its Potential Effects on Post-Conflict Positive Peace
When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Tuesday, October 1, 2019
- Procedural rules of international courts and tribunals: Between change and stability
- Introduced by Beatrice I. Bonafé
- Paolo Palchetti, Making and enforcing procedural law at the International Court of Justice
- Niki Aloupi, ITLOS procedural rules: Between change and stability
- Giovanna Adinolfi, Procedural rules in WTO dispute settlement in the face of the crisis of the Appellate Body
- Hervé Ascensio, TBA
- Scholarly Articles
- Humberto Cantú Rivera, National Action Plans on Business and Human Rights: Progress or Mirage?
- Diane Bulan Hampton, Modern Slavery in Global Supply Chains: Can National Action Plans on Business and Human Rights Close the Governance Gap?
- Dalia Palombo, The Duty of Care of the Parent Company: A Comparison between French Law, UK Precedents and the Swiss Proposals
- Samentha Goethals, Exploring Migrant Employees’ ‘Rights-Talk’ in the British Hospitality Sector
- Developments in the Field - Special Issue on Agribusiness and Accountability
- Christian Schliemann & Carolijn Terwindt, Guest Editorial: Agribusiness and Accountability
- Raul A. Montenegro, Ituzaingó Anexo: A Test Case in Argentina on Pesticide Spraying
- Luis Gomero Osorio, Douglas Murray & Erika Rosenthal, Corporate Impunity in Taucamarca: 19 Years On, Still No Justice
- David C. Strouss, Bringing Pesticide Injury Cases to US Courts: The Challenges of Transnational Litigation
- Ambalathinkal D Dileep Kumar & Chelaton Jayakumar, From Precautionary Principle to Nationwide Ban on Endosulfan in India
- Peter Clausing, Glyphosate: The European Controversy – A Review of Civil Society Struggles and Regulatory Failures
- Mirka Fries, Andrés López Cabello & Santiago Sánchez, Monsanto’s Legal Strategy in Argentina from a Human Rights Perspective
- Karol Boudreaux & Scott Schang, Threats of, and Responses to, Agribusiness Land Acquisitions
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of human rights and considers how the phenomenon of collaboration has been addressed post-conflict.
Conference: Jurisdictional Immunities of States and Their Property: Emergence of New International Customary Law Rules – by Whom?
Monday, September 30, 2019
- Current Events
- Revisiting the Role of the Security Council Concerning the International Criminal Court’s Crime of Aggression Jennifer Trahan
- Post Kampala: The Early Implementers of the Crime of Aggression Annegret Hartig
- The Amendments to the Regulations of the Court: Laying the Groundwork for Investigating the Crime of Aggression Eleni Chaitidou
- Talita de Souza Dias, The Nature of the Rome Statute and the Place of International Law before the International Criminal Court
- Mikkel Jarle Christensen, The Judiciary of International Criminal Law: Double Decline and Practical Turn
- Rebecca Barber, Accountability for Crimes against the Rohingya: Possibilities for the General Assembly where the Security Council Fails
- Cases Before International Courts and Tribunals
- Luca Poltronieri Rossetti, The Pre-Trial Chamber’s Afghanistan Decision: A Step Too Far in the Judicial Review of Prosecutorial Discretion?
- Caleb H Wheeler, Human Rights Enforcement at the Borders: International Criminal Court Jurisdiction over the Rohingya Situation
- National Prosecution of International Crimes: Legislation and Cases
- Lachezar Yanev, Dutch Criminal Justice for Ethiopian War Crimes: The Alemu Case
Sunday, September 29, 2019
- Special Issue: Climate Change and the LOSC
- Millicent McCreath & Amber Rose Maggio, Introduction: Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change
- Clive Schofield & David Freestone, Islands Awash Amidst Rising Seas: Sea Level Rise and Insular Status under the Law of the Sea
- Nilüfer Oral, International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features
- Catherine Redgwell, Treaty Evolution, Adaptation and Change: Is the LOSC ‘Enough’ to Address Climate Change Impacts on the Marine Environment?
- Alan Boyle, Litigating Climate Change under Part XII of the LOSC
- Aldo Chircop, The IMO Initial Strategy for the Reduction of GHGs from International Shipping: A Commentary
- Zhen Sun, International Regulation of Heavy Fuel Oil Use by Vessels in Arctic Waters
- Pratyush Panjwani, The Role of Travaux in Interpreting BIT Provisions: Are Tribunals Over-Prepared to Resort to Preparatory Works?
- Velimir Živković, Fair and Equitable Treatment Between the International and National Rule of Law
- Mandy Meng Fang, Shades of Green: Mapping the Parameters of the GATT Article III:8(a) Government Procurement Derogation in the Renewable Energy Transition
- Enikő Horváth & Severin Klinkmüller, The Concept of ‘Investment’ in the Digital Economy: The Case of Social Media Companies