Sunday, October 25, 2020

Roberts, Hardy, & Huck: EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics

Alicia Elias Roberts
(Univ. of the West Indies), Stephen Hardy (Coventry Univ.), & Winfried Huck (Ostfalia University of Applied Sciences) have published EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics (Routledge 2020). The table of contents is here. Here's the abstract:

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework.

Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability.

Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

Adeola: The Internally Displaced Person in International Law

Romola Adeola
(School of Advanced Study, Univ. of London - Refugee Law Initiative) has published The Internally Displaced Person in International Law (Edward Elgar Publishing 2020). Here's the abstract:
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.

Fraser & Leyh: Intersections of Law and Culture at the International Criminal Court

Julie Fraser
(Utrecht Univ. - Netherlands Institute of Human Rights) & Brianne McGonigle Leyh (Utrecht Univ. - Netherlands Institute of Human Rights) have published Intersections of Law and Culture at the International Criminal Court (Edward Elgar Publishing 2020). The table of contents is here. Here's the abstract:

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of ‘culture’ at the ICC, the book puts forward recommendations to aid the Court’s future considerations.

New Volume: Israel Yearbook on Human Rights

The latest volume of the Israel Yearbook on Human Rights (Vol. 50, 2020) is out. Contents include:
  • Yoram Dinstein, The Special Dimensions of Urban Warfare
  • Pnina Sharvit Baruch, Corinna Dau, & Shavit Rissin, Humanitarian Ceasefire Agreements and the Law of Armed Conflict
  • Sergey Sayapin, The Yanukovych Trial in Ukraine: A Revival of the Crime of Aggression?
  • Arne Willy Dahl, Equality before the Law? Some Reflections on the Defence of Obedience to Superior Orders
  • Eckart Klein & David Kretzmer, States Reports to Human Treaty Bodies: An Historical Introduction
  • Stefan Oeter, Headscarf and Burqa Bans as Battlegrounds for Symbolic Conflicts on Cultural Identity: Has Human Rights Protection Ended Up in a State of Confusion?
  • Yoram Rabin, Yaniv Vaki, & Isaac Becker, From Ancient Israel to Modern Israel: The Historical Development of the Protection of a Fetus in Criminal Law
  • Terry D. Gill & Kinga Tibori Szabo, Twelve Key Questions on Self-Defence against Non-State Actors – And Some Answers
  • Wolff Heintschel von Heinegg, Internationally Legal Responses to Hybrid Threats
  • Nicholas Rostow, Law and Power: U.S. Grand Strategy and International Law
  • Marco Roscini, Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars
  • Joel Singer, The Case of Constructive Ambiguity in Israel-Arab Peace Negotiations

Zang: Judicial Engagement of International Economic Courts and Tribunals

Michelle Q. Zang
(Victoria Univ. of Wellington - Law) has published Judicial Engagement of International Economic Courts and Tribunals (Edward Elgar Publishing 2020). Here's the abstract:

In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.

By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined.

Saturday, October 24, 2020

Odello & Łubiński: The Concept of Genocide in International Criminal Law: Developments after Lemkin

Marco Odello
(Aberystwyth Univ. - Law) & Piotr Łubiński (Pedagogical Univ., Krakow - Institute of Security and Civic Education) have published The Concept of Genocide in International Criminal Law: Developments after Lemkin (Routledge 2021). The table of contents is here. Here's the abstract:
This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 20, no. 4, November 2020) is out. Contents include:
  • Special Section: Domestic Climate Policy under Anarchy
    • Steven Bernstein, Matthew Hoffmann, Erika Weinthal, Matto Mildenberger, & Michaël Aklin, Introduction
    • Michaël Aklin & Matto Mildenberger, Prisoners of the Wrong Dilemma: Why Distributive Conflict, Not Collective Action, Characterizes the Politics of Climate Change
    • Patrick Bayer & Federica Genovese, Beliefs About Consequences from Climate Action Under Weak Climate Institutions: Sectors, Home Bias, and International Embeddedness
    • Kathryn Harrison, Political Institutions and Supply-Side Climate Politics: Lessons from Coal Ports in Canada and the United States
    • Thomas Hale, Catalytic Cooperation
  • Research Articles
    • Joshua W. Busby & Johannes Urpelainen, Following the Leaders? How to Restore Progress in Global Climate Governance
    • Ekaterina Domorenok, Giuseppe Acconcia, Lena Bendlin, & Xira Ruiz Campillo, Experiments in EU Climate Governance: The Unfulfilled Potential of the Covenant of Mayors
    • Irja Vormedal, Lars H. Gulbrandsen, & Jon Birger Skjærseth, Big Oil and Climate Regulation: Business as Usual or a Changing Business?
    • Daniel Witte, Business for Climate: A Qualitative Comparative Analysis of Policy Support from Transnational Companies

Friday, October 23, 2020

New Issue: International Interactions

The latest issue of International Interactions (Vol. 46, no. 5, 2020) is out. Contents include:
  • Articles
    • Jessica Edry, Shallow commitments may bite deep: domestic politics and flexibility in international cooperation
    • Yooneui Kim & Elizabeth J. Menninga, Competition, Aid, and Violence against Civilians
    • Paulina Pospieszna & Patrick M. Weber, Amplifying and nullifying the impact of democratic sanctions through aid to civil society
    • Clayton Webb, Re-examining the costs of sanctions and sanctions threats using stock market data
    • Andrew Levin, Whitewashing and extortion: why human rights-abusing states participate in UN peacekeeping operations
    • Gary Uzonyi, Group identification, uncertainty, and the duration of genocide and politicide
  • Research Note
    • Paul Winter & Enzo Lenine, Survival of the best fit: modelling nuclear proliferational evidence

Conference: Human Rights and Small States: Challenges, Resilience, and Advocacy

On November 12-13, 2020, Wilmer Cutler Pickering Hale and Dorr LLP, the Institute of Small and Micro States, and the British Institute of International and Comparative Law will host online a conference on "Human Rights and Small States: Challenges, Resilience, and Advocacy." The program is here.

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 60, no. 3, 2020) is out. Contents include:
  • Articles
    • Joseph Blocher, Mitu Gulati & Kim Oosterlinck, King Leopold’s Bonds and the Odious Debts Mystery
    • Rachel Brewster & Andres Ortiz, Never Waste A Crisis: Anticorruption Reforms in South America
    • Arturo J. Carrillo, The Price of Prevention: Anti-Terrorism Pre-Crime Measures and International Human Rights
    • Tally Kritzman-Amir, The Methodology of Immigration Law
    • Scott J. Shackelford, Janine Hiller & Xiao Ma, Unpacking the Rise of Benefit Corporations: A Transatlantic Comparative Case Study

Lecture by UN Legal Counsel Miguel de Serpa Soares

In commemoration of the 75th anniversary of the United Nations, the UN Office of Legal Affairs has posted a lecture by Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, entitled “Seventy-Five Years of International Law-making at the United Nations.” The lecture is available in English, French, and Spanish. Here's the idea:
This lecture outlines the extraordinary contribution of the United Nations to the development, codification and implementation of international law in branches ranging from the law of treaties to the legal principles governing the protection and preservation of the marine environment, and criminal responsibility for grave violations of international humanitarian law. It pays particular attention to the areas of international law where the work of the United Nations Office of Legal Affairs, established in 1946, has directly contributed. The lecture concludes by looking ahead at the next twenty-five years and addresses some current and future issues where the United Nations can contribute to preserving and strengthening the international legal order.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new materials to the UN Audiovisual Library of International Law website. They include a lecture by Leila Nadya Sadat on “Heads of State and Other Officials before the International Criminal Court” and a lecture by Lavanya Rajamani on “The International Climate Change Regime: Evolution and Challenges.”

4th SIEL Conversation: International Dispute Settlement in the Pandemic

The 4th SIEL Conversation, on the topic "International Dispute Settlement in the Pandemic," will take place next Thursday, October 29, 2020. Registration and other details are available here.

Roscini: Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars

Marco Roscini (Univ. of Westminster - Law) has posted Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars (Israel Yearbook on Human Rights, Vol 50, 2020). Here's the abstract:
This article looks at how customary international law rules on intervention developed in the XIXth century. In particular, different forms of internal unrest are examined in order to establish whether they entailed different regimes of external intervention. The article starts with rebellions and insurrections and then moves to discuss civil wars by distinguishing three situations: that where the civil war has led to the de facto secession of part of a State, that where the insurgents have been recognized as belligerents by the government of the State in civil strife and/or by third States, and that of a civil war where no recognition of belligerency has occurred. Finally, the article briefly looks at the alleged existence of a customary rule providing for the recognition of insurgency and at its effects on third State intervention.

Charamba: Hired Guns and Human Rights: Global Governance and Access to Remedies in the Private Military and Security Industry

Kuzi Charamba
has published Hired Guns and Human Rights: Global Governance and Access to Remedies in the Private Military and Security Industry (Edward Elgar Publishing 2020). Here's the abstract:
This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector.

Thursday, October 22, 2020

Forlati & Franzina: Universal Civil Jurisdiction: Which Way Forward?

Serena Forlati
(Univ. of Ferrara - Law) & Pietro Franzina (Catholic Univ. of the Sacred Heart - Law) have published Universal Civil Jurisdiction: Which Way Forward? (Brill | Nijhoff 2021). The table of contents is here. Here's the abstract::
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.

Wednesday, October 21, 2020

Madsen, Mayoral, Strezhnev, & Voeten: Sovereignty, Substance, and Public Support for European Courts

Mikael Madsen (Univ. of Copenhagen - Law), Juan Mayoral (Univ. of Copenhagen - iCourts), Anton Strezhnev (Harvard Univ. - Government), & Erik Voeten (Georgetown Univ. - School of Foreign Service) have posted Sovereignty, Substance, and Public Support for European Courts. Here's the abstract:
Is the public backlash against European courts driven by substantive concerns over case outcomes, procedural concerns over sovereignty or combinations thereof? We conducted pre-registered survey experiments in Denmark, France, Poland, Spain, and the United Kingdom using three vignettes: a foreigner who faces extradition, a person fighting a fine for burning Qurans, and a home-owner contesting eviction. Each vignette varies whether a European court disagrees with a national court (deference treatment) and whether an applicant wins a case (outcome treatment). We find little evidence that deference moves willingness to implement judgments or acceptance of court authority but ample evidence that case outcomes matter. Even nationalists are unmoved by European court interventionism as long as they agree with the case outcome. These findings imply that international courts cannot resurrect their popularity through deference alone and that backlash to domestic and international courts may be driven by similar forces.

SFDI: Le traité de Versailles. Regards franco-allemands en droit international à l’occasion du centenaire

The Société Française pour le Droit International has published Le traité de Versailles. Regards franco-allemands en droit international à l’occasion du centenaire – The Versailles Treaty: French and German Perspectives in International Law on the Occasion of the Centenary. 11èmes Journées franco-allemandes (Pedone 2020). The table of contents is here.

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 114, no. 4, October 2020) is out. Contents include:
  • Agora: The International Legal Order and the Global Pandemic
    • Curtis A. Bradley & Laurence R. Helfer, Introduction to “The International Legal Order and the Global Pandemic”
    • José E. Alvarez, The WHO in the Age of the Coronavirus
    • Eyal Benvenisti, The WHO—Destined to Fail?: Political Cooperation and the COVID-19 Pandemic
    • Peter G. Danchin, Jeremy Farrall, Shruti Rana, & Imogen Saunders, The Pandemic Paradox in International Law
    • David E. Pozen & Kim Lane Scheppele, Executive Underreach, in Pandemics and Otherwise
    • Martins Paparinskis, The Once and Future Law of State Responsibility
    • Julian Arato, Kathleen Claussen, & J. Benton Heath, The Perils of Pandemic Exceptionalism
    • Timothy Meyer, Trade Law and Supply Chain Regulation in a Post-COVID-19 World
    • Alan O. Sykes, Short Supply Conditions and the Law of International Trade: Economic Lessons from the Pandemic
    • Daniel D. Bradlow & Stephen Kim Park, A Global Leviathan Emerges: The Federal Reserve, COVID-19, and International Law
    • Karima Bennoune, “Lest We Should Sleep”: COVID-19 and Human Rights
    • Neha Jain, Pandemics as Rights-Generators
    • Francisco-José Quintana & Justina Uriburu, Modest International Law: COVID-19, International Legal Responses, and Depoliticization
    • Federica Paddeu & Michael Waibel, The Final Act: Exploring the End of Pandemics
  • Current Developments
    • Jane McAdam, Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-refoulement
    • Sean D. Murphy, Effects of the COVID-19 Pandemic on the Work of the International Law Commission
  • International Decisions
    • Maiko Meguro, State of the Netherlands v. Urgenda Foundation
    • Niccolò Ridi, United States—Anti-dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada
    • Piotr Uhma, Joined Cases C-585/18, C-624/18, C-625/18
    • Hannah Woolaver, R v. Reeves Taylor (Appellant). [2019] UKSC 51
  • Contemporary Practice of the United States Relating to International Law
    • Jean Galbraith, Contemporary Practice of the United States Relating to International Law
  • Recent Books on International Law
    • Duncan B. Hollis, reviewing Treaties and Their Practice – Symptoms of Their Rise or Decline, by Georg Nolte
    • Beth A. Simmons, reviewing Islamic Law and International Law: Peaceful Resolution of Disputes, by Emilia Justyna Powell
    • Bernard H. Oxman, reviewing High Seas Governance: Gaps and Challenges, edited by Robert C. Beckman, Millicent McCreath, J. Ashley Roach, and Zhen Sun
    • Laura Dickinson, reviewing The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats, by Noah Weisbord
    • Christian Henderson, reviewing Self-Defence Against Non-state Actors, by Mary Ellen O'Connell, Christian J. Tams, and Dire Tladi

Weller: The Controversy about the Iranian Nuclear Sanctions Snapback

Marc Weller (Univ. of Cambridge - Law) has posted an ASIL Insight on The Controversy about the Iranian Nuclear Sanctions Snapback.

Tuesday, October 20, 2020

Labuda: Institutional Design and Non-Complementarity: Regulating Relations Between Hybrid Tribunals and other Judicial and Non-Judicial Institutions

Patryk I. Labuda (Univ. of Amsterdam) has posted Institutional Design and Non-Complementarity: Regulating Relations Between Hybrid Tribunals and other Judicial and Non-Judicial Institutions (in Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes, Kirsten Ainley & Mark Kersten eds., forthcoming). Here's the abstract:
Hybrid tribunals usually operate alongside other judicial and non-judicial bodies with similar accountability functions. In particular, a hybrid tribunal can share jurisdictional powers with (ordinary) national courts, one or more international (criminal) tribunal(s), a truth commission, or other investigative and prosecutorial bodies. When the mandates of different institutions overlap, there is a need to identify and regulate relations between them. Ideally, legal rules embedded within each institution’s mandate minimize a duplication of tasks, prevent unnecessary conflict, encourage cooperation, and maximize cross-fertilization. This chapter argues that the term ‘complementarity’, which is often invoked to describe questions of institutional design, is an unhelpful way of conceptualizing relations between hybrid tribunals and other judicial and non-judicial institutions. Drawing on examples from the Democratic Republic of Congo, the Central African Republic and South Sudan, it explains why the International Criminal Court’s jurisdictional framework generates confusion and uncertainty over who enjoys priority and who has decision-making power. Other concepts and rules, for instance primacy, deferral, and subsidiarity, delineate the powers and functions of different institutions more clearly, generating healthier interactions between different transitional justice mechanisms in the long run.

New Issue: International Security

The latest issue of International Security (Vol. 45, no. 2, Fall 2020) is out. Contents include:
  • Yasuhiro Izumikawa, Network Connections and the Emergence of the Hub-and-Spokes Alliance System in East Asia
  • Samuel Meyer, Sarah Bidgood, & William C. Potter, Death Dust: The Little-Known Story of U.S. and Soviet Pursuit of Radiological Weapons
  • Michael McFaul, Putin, Putinism, and the Domestic Determinants of Russian Foreign Policy
  • Charli Carpenter & Alexander H. Montgomery, The Stopping Power of Norms: Saturation Bombing, Civilian Immunity, and U.S. Attitudes toward the Laws of War

SFDI: Iles et droit international : Journée d'études de Paris

The Société Française pour le Droit International has published Iles et droit international : Journée d'études de Paris (Pedone 2020). The table of contents is here.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 19, no. 4, October 2020) is out. Contents include:
  • Rudolf Adlung, WTO/GATS-Alien Framework Provisions in RTAs – A Closer Look
  • Matthew Kennedy, The Adverse Effects of Technological Innovation under WTO Subsidy Rules
  • Vitaliy Pogoretskyy & Kim Talus, The WTO Panel Report in EU–Energy Package and Its Implications for the EU's Gas Market and Energy Security
  • Niels Søndergaard & Ricardo Dias da Silva, Reshaping the Policy Arena: How the Agro-Export Policy Network Propelled Brazil within Global Agricultural Governance
  • Julien Chaisse & Xueliang Ji, The Pervasive Problem of Special Economic Zones for International Economic Law: Tax, Investment, and Trade Issues
  • Murilo Lubambo de Melo, Protection of Domestic Investors under the WTO and International Investment Regimes
  • Weihuan Zhou & Henry Gao, US–China Trade War: A Way Out?

New Volume: Recueil des Cours

Volume 408 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 408
    • Antônio Augusto Cançado Trindade, Reflections on the Realization of Justice in the Era of Contemporary International Tribunals
    • Cristina González Beilfuss, Party Autonomy in International Family Law

Monday, October 19, 2020

Kreß & Lawless: Necessity and Proportionality in International Peace and Security Law

Claus Kreß
(Universität zu Köln - Law) & Robert Lawless (U.S. Army - Judge Advocate General's Corps) have published Necessity and Proportionality in International Peace and Security Law (Oxford Univ. Press 2020). The table of contents is here. Here's the abstract:

Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other.

The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense.

The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.

Conference: IV Congresso Do Instituto Brasileiro De Direito Do Mar

The IV Congresso Do Instituto Brasileiro De Direito Do Mar will take place on November 12-13, 2020, with preliminary events on November 9 and 11-12. The program is here.

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Labuda: The International Criminal Tribunal for Rwanda and Post-Genocide Justice 25 Years on (Review Essay)

Patryk I. Labuda (Univ. of Amsterdam) has posted The International Criminal Tribunal for Rwanda and Post-Genocide Justice 25 Years on (Review Essay) (European Journal of International Law, forthcoming). Here's the abstract:
2019 marked the 25th anniversary of the Rwandan genocide and of the establishment of the International Criminal Tribunal for Rwanda (ICTR). After prosecuting 73 people, including high-ranking politicians and military leaders, the Rwanda Tribunal closed its doors in 2015. Together with its sister tribunal, the International Criminal Tribunal for the former Yugoslavia, the ICTR is considered one of the first-generation ad hoc tribunals mandated to bring justice to countries emerging from conflict. This review essay examines four books to take stock of the scholarly debate on the ICTR’s performance. After analysing the Tribunal’s achievements and shortcomings, it explains that scholarly assessments of the ICTR rely on two different analytical lenses – a national and/or international perspective – to make claims about the roles of international criminal tribunals. The essay then discusses the ICTR’s interactions with other post-genocide justice mechanisms in Rwanda and the compatibility of concurrent judicial responses to mass violence. In conclusion, it suggests that evolving interpretations of the ICTR’s performance reflect prevailing ideas about the goals and limitations of international criminal tribunals.

New Volume: Polish Yearbook of International Law

The latest volume of the Polish Yearbook of International Law (Vol. 39, 2019) is out. Contents include:
  • Editorial
    • Jerzy Menkes, Recollection of Memories: Andrzej Wasilkowski 1932-2020
  • General articles
    • Peter Hilpold, Krzysztof Skubiszewski and the Right to Self-determination: Past and Future
    • Przemysław Saganek, The Sources of General International Law in the Recent Works of the International Law Commission
    • Anna Czaplińska, International Courts and Unrecognised Entities and Individuals: Coherence through Judicial Dialogue
    • Kostiantyn Savchuk, International Law at the Saint Volodymyr Imperial University of Kyiv in the 19th and Early 20th Centuries
    • Aleksandra Mężykowska, Legal Obligations of Poland Regarding the Restitution of Private Property Taken during World War II and by the Communist Regime in Light of the Jurisprudence of the European Court of Human Rights
    • Anna Wójcik, Reckoning with the Communist Past in Poland Thirty Years after the Regime Change in the Light of the European Convention on Human Rights
    • Elżbieta Morawska, The Principles of Subsidiarity and Effectiveness: Two Pillars of the Effective Remedy for Excessive Length of Proceedings within the Meaning of Article 13 ECHR
    • Wojciech Burek, Conformity of the Act on the Polish Card with International Law from the Perspective of the Constitutional Court of Belarus
    • Konstantina Georgaki & Thomas-Nektarios Papanastasiou, The Impact of Achmea on Investor-State Arbitration under Intra-EU BITs: A Treaty Law Perspective
    • Łukasz Kułaga, Implementing Achmea. The Quest for Fundamental Change in International Investment Law
    • Tatsiana Mikhaliova, Jurisdiction of the Court of the Eurasian Economic Union and Its Role in the Development of the Eurasian Legal Order: One Step Back and Two Steps Forward
  • Polish practice
    • Dawid Miąsik, Monika Szwarc, Effectiveness of EU Directives in National Courts – Judicial Dialogue Continues. The Court of Justice’s Judgment in C-545/17 Pawlak
  • Book reviews
    • Patrycja Grzebyk, Marco Sassòli, International Humanitarian Law. Rules, Controversies, and Solutions to Problems Arising in Warfare, Edward Elgar Publishing, Cheltenham: 2019
    • Przemysław Saganek, Lukasz Gruszczynski (ed.), The Regulation of E-cigarettes. International, European and National Challenges, Edward Elgar Publishing, Cheltenham: 2019
    • Marcin Kałduński, Antonio Augusto Cançado Trindade, The Access of Individuals to International Justice, Oxford University Press, Oxford: 2011
    • Yu Lu & Maciej Żenkiewicz, Julien Chaisse (ed.), China’s International Investment Strategy: Bilateral, Regional, and Global Law and Policy, Oxford University Press, Oxford: 2019

Burgorgue-Larsen: Les 3 Cours régionales des droits de l’homme in context : La justice qui n'allait pas de soi

Laurence Burgorgue-Larsen
(Université Paris 1 Panthéon Sorbonne - Law) has published Les 3 Cours régionales des droits de l’homme in context : La justice qui n'allait pas de soi (Pedone 2020). Here’s the abstract:

Cet ouvrage a pour ambition de présenter la création et le fonctionnement des 3 Cours régionales des droits de l’homme qui se trouvent à Strasbourg, San José et Arusha. Incontestablement éloignées par un ensemble d’éléments d’ordre politique, juridique et sociologique, ces trois juridictions sont pourtant reliées par des éléments matériels et des questionnements communs indiscutables.

Matériellement, leurs textes de références sont arrimés à la Déclaration universelle des droits de l’homme du 10 décembre 1948. Les préambules respectifs de la Convention de sauvegarde, de la Convention américaine et de la Charte africaine insèrent, en effet, le Régionalisme dans le cadre plus général de l’Universalisme. Quant aux questionnements qui les traversent, ils sont marqués de façon irréductible par des dynamiques convergentes. Les 3 Cours doivent s’assurer, en permanence, de l’acceptation par les Etats, tant de leur existence que des lignes majeures de leur jurisprudence ; doivent inciter aux transformations de leurs systèmes respectifs afin qu’ils puissent s’adapter à différents types de contraintes ou à l’inverse freiner toute tentative d’affaiblissement de leur office ; trouver l’équilibre entre la simple « sauvegarde » des droits et libertés d’un côté et leur « développement » de l’autre, en ayant en ligne de mire les principes fondateurs de leur office et la réparation des préjudices subis par les victimes.

Comparer de façon dynamique les mécanismes de la garantie régionale des droits de l’homme, en utilisant les outils de la science juridique, mais également en mobilisant les ressources de l’histoire, la science politique et la sociologie, permet de rappeler que la Justice des droits de l’homme ne va pas de soi. En dépit de l’extraordinaire développement du droit international des droits de l’homme après le « moment 45 », la garantie régionale n’a jamais été une option politique naturelle pour les Etats. Les 3 Cours sont nées dans la douleur, ont évolué en ordre dispersé, et n’ont de cesse de remplir leur mission de protection dans des contextes politiques souvent complexes où les souveraines puissances ne se laissent jamais aisément brider.

Sunday, October 18, 2020

Fikfak: War, International Law and the Rise of Parliament - The Influence of International Law on UK Parliamentary Practice with Respect to the Use of Force

Veronika Fikfak (Univ. of Copenhagen - iCourts) has posted War, International Law and the Rise of Parliament - The Influence of International Law on UK Parliamentary Practice with Respect to the Use of Force. Here's the abstract:

In foreign relations law, the power to wage war is inherently an executive power. It is the government that declares war or sends the military forces into battle. Yet, increasingly, the prerogative to engage in military action has been open to scrutiny by domestic parliaments. These are more and more frequently asked to provide support for the Government in its decisions and to the military personnel on the ground. The votes in national parliaments provide legitimacy to the decision made and give the impression of the Government having been held to account by the people’s representatives. In some cases, ie when national parliaments had effectively vetoed the Government’s plans for military actions, there is even talk of a quasi-sharing of powers between the Executive and the Legislature.

The paper tracks the decline of ‘government’ and the rise of the ‘house’ in the language used in the debates in the UK Parliament. It reveals how the terminology used in the debates has shifted from the power of the Government to the responsibility of the House. It maps out how this shift is mirrored in the increased relevance of international law and specifically the legality of the military intervention. It is this question – and particularly the experience of Iraq – that has reshaped the position of the UK Parliament vis-à-vis the Government. The investigation also reveals that as more and more MPs become involved and informed on issues of war, the deference shown to international institutions and their evaluation of the situation declines. MPs become more confident and more competent to make these decisions themselves.

Viñuales: The UN Friendly Relations Declaration at 50: An Assessment of the Fundamental Principles of International Law

Jorge E. Viñuales
(Univ. of Cambridge) has published The UN Friendly Relations Declaration at 50: An Assessment of the Fundamental Principles of International Law (Cambridge Univ. Press 2020). The table of contents is here. Here's the abstract:
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

New Issue: International Peacekeeping

The latest issue of International Peacekeeping (Vol. 27, no. 5, 2020) is out. Contents include:
  • Katharina P. Coleman, Downsizing in UN Peacekeeping: The Impact on Civilian Peacekeepers and the Missions Employing Them
  • John D. Ciorciari, Sharing Sovereignty in the Streets: International Policing in Fragile States
  • Tanja R. Müller, Protection of Civilians Mandates and ‘Collateral Damage’ of UN Peacekeeping Missions: Histories of Refugees from Darfur
  • Madhav Joshi, An Institutional Explanation of Troop Contributions in UN Peacekeeping Missions
  • Katja Mielke , Max Mutschler & Esther Meininghaus, For a Dynamic Approach to Stabilization
  • Cedric de Coning, Adaptive Peace Operations: Navigating the Complexity of Influencing Societal Change Without Causing Harm

Tistounet: The UN Human Rights Council: A Practical Anatomy

Eric Tistounet
(Office of the United Nations High Commissioner for Human Rights) has published The UN Human Rights Council: A Practical Anatomy (Edward Elgar Publishing 2020). Here's the abstract:
Since its establishment the work of the Human Rights Council (UNHRC) has been subject to many interpretations, theories, comments or conclusions. This comprehensive book dissects every aspect of the UNHRC’s work and analyses the efficiency of, and interactions between, its mechanisms. Authored by the first Secretary of the UNHRC, this book provides unique practitioner insights into the complex decision making processes of the Council alongside the core variations from its predecessor.

Saturday, October 17, 2020

Hague Academy of International Law 2021 Summer Courses

The program for the Hague Academy of International Law's 2021 Summer Courses is now available. Registration opens on November 1, 2020. The program (here) is almost identical to the cancelled 2020 summer courses.

New Issue: World Politics

The latest issue of World Politics (Vol. 72, no. 4, October 2020) is out. Contents include:
  • Iza Ding, Performative Governance
  • Jean Lachapelle, Steven Levitsky, Lucan A. Way, & Adam E. Casey, Social Revolution and Authoritarian Durability
  • Sergei Guriev & Daniel Treisman, The Popularity of Authoritarian Leaders: A Cross-National Investigation
  • Pablo Beramendi & Daniel Stegmueller, The Political Geography of the Eurocrisis
  • Stefano Costalli, Francesco Niccolò Moro, & Andrea Ruggeri, The Logic of Vulnerability and Civilian Victimization: Shifting Front Lines in Italy (1943–1945)

Steflja & Trisko Darden: Women as War Criminals: Gender, Agency, and Justice

Izabela Steflja (Tulane Univ. - Political Science and International Development) & Jessica Trisko Darden (American Univ. - School of International Service) have published Women as War Criminals: Gender, Agency, and Justice (Stanford Univ. Press 2020). Here's the abstract:

Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame.

Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends.

The book presents the legal cases of four women: the President (Biljana Plavšić), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.

Jørgensen: The International Criminal Responsibility of War's Funders and Profiteers

Nina H B Jørgensen
(Univ. of Southampton - Law) has published The International Criminal Responsibility of War's Funders and Profiteers (Cambridge Univ. Press 2020). The table of contents is here. Here's the abstract:
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 23, nos. 1-2, 2019) is out. Contents include:
  • Wan Norhasniah Wan Husin & Nani Noor Hidayah Nordin, Cultural Awareness among Malaysian Peacekeepers Based on the Perspective of Civil-Military Interaction Theory
  • Michel Liégeois & Murat Caliskan, Peace Operations from the Perspective of Strategy and Doctrine
  • Charles T. Hunt & Shannon Zimmerman, Twenty Years of the Protection of Civilians in UN Peace Operations: Progress Problems and Prospects
  • Daniel Collinge, The Missing Link: Bringing United Nations’ Protection of Civilians Mandates under the Framework of International Human Rights Law
  • Boris Kondoch, covid-19 and the Role of the Security Council as Global Health Peacekeeper

New Issue: International Review of the Red Cross

The latest issue of the International Review of the Red Cross (Vol. 101, no. 912, December 2019) is out. The theme is: "Protracted conflict." Contents include:
  • Ellen Policinski & Jovana Kuzmanovic, Protracted Conflicts: The enduring legacy of endless war
  • Interview with Lieutenant-Colonel Joven D. Capitulo PA: Military Assistant to the Office of the Undersecretary for Defense Policy, Department of National Defense, Republic of the Philippines
  • Stretched: Protracted conflicts and the people living in the midst of it all
  • Hichem Khadhraoui, Fragmentation of armed non-State actors in protracted armed conflicts: Some practical experiences on how to ensure compliance with humanitarian norms
  • Alexander H. Hay, Bryan Karney, & Nick Martyn, Reconstructing infrastructure for resilient essential services during and following protracted conflict: A conceptual framework
  • Cédric Cotter, From Operation Iraqi Freedom to the Battle of Mosul: Fifteen years of displacement in Iraq
  • The ICRC and the “humanitarian–development–peace nexus” discussion: In conversation with Filipa Schmitz Guinote, ICRC Policy Adviser
  • Edoardo Borgomeo, Delivering water services during protracted armed conflicts: How development agencies can overcome barriers to collaboration with humanitarian actors
  • Dustin A. Lewis, The notion of “protracted armed conflict” in the Rome Statute and the termination of armed conflicts under international law: An analysis of select issues
  • Marcela Giraldo Muñoz & Jose Serralvo, International humanitarian law in Colombia: Going a step beyond
  • Mona Rishmawi, Protecting the right to life in protracted conflicts: The existence and dignity dimensions of General Comment 36
  • Robert Kolb & Fumiko Nakashima, The notion of “acts harmful to the enemy” under international humanitarian law

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 21, no. 5, 2020) is out. Contents include:
  • Special Issue: International Investment Law and Non-Communicable Diseases Prevention
    • Amandine Garde & Jure Zrilič, International Investment Law and Non-Communicable Diseases Prevention: An Introduction
    • Andrew D. Mitchell & Paula O’Brien, If One Thai Bottle Should Accidentally Fall: Health Information, Alcohol Labelling and International Investment Law
    • Caroline Henckels, A Duty to Consult Foreign Investors When Changing the Regulatory Framework? Implications for Non-Communicable Disease Prevention and Beyond
    • Margherita Melillo, Evidentiary Issues in Philip Morris v Uruguay: The Role of the Framework Convention for Tobacco Control and Lessons for NCD Prevention
    • Oleksandra Vytiaganets, Smoking Chills? Tobacco Regulatory Chill, Foreign Investment, and the NCD Crisis in the Post-Soviet Space: A Case Study from Ukraine
    • Marcelo Campbell, NCD Prevention and International Investment Law in Latin America: Chile’s Experience in Preventing Obesity and Unhealthy Diets

Friday, October 16, 2020

New Issue: Human Rights Law Review

The latest issue of the Human Rights Law Review (Vol. 20, no. 3, September 2020) is out. Contents include:
  • Lena Holzer, What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport
  • Anna Arstein-Kerslake, Yvette Maker, Eilionóir Flynn, Olympia Ward, Ruby Bell, & Theresia Degener, Introducing a Human Rights-based Disability Research Methodology
  • Corina Heri, The Human Right to Land, for Peasants and for All: Tracing the Social Function of Property to 1948
  • Nicole Nickerson, Human Rights Universalism in Practice: What the Iranian Women’s Rights Movement Can Teach Us
  • Mathieu Leloup, The Concept of Structural Human Rights in the European Convention on Human Rights
  • Daley J Birkett, Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States
  • Edin Hodžić, Testing the Limits of Consociational Imagination: The Non-discrimination Norm in Divided Societies
  • Ergul Celiksoy, Execution of the Judgments of the European Court of Human Rights in Prisoners’ Right to Vote Cases
  • Zanele Nyoni, The Struggle for Equality: LGBT Rights Activism in Sub-Saharan Africa

Yahyaoui Krivenko: Space and Fates of International Law: Between Leibniz and Hobbes

Ekaterina Yahyaoui Krivenko
(National Univ. of Ireland, Galway - Irish Centre for Human Rights) has published Space and Fates of International Law: Between Leibniz and Hobbes (Cambridge Univ. Press 2020). Here's the abstract:
The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these two early modern thinkers in a comparative fashion. Through this analysis, the book demonstrates the dependency of the contemporary international law on the Hobbesian concept of space. Although some Leibnizian elements continue to operate, they are distorted. This continuing operation of Leibnizian elements is explained by the inability of international law, which is based on the Hobbesian concept of space, to ensure universality of its normative foundation.

Ruiz Fabri, Franckx, Benatar, & Meshel: A Bridge over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea

Hélène Ruiz Fabri
(Max Planck Institute Luxembourg for Procedural Law), Erik Franckx (Vrije Universiteit Brussel), Marco Benatar (International Tribunal for the Law of the Sea), & Tamar Meshel (Univ. of Alberta - Law) have published A Bridge over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea (Brill | Nijhoff 2020). The table of contents is here. Here's the abstract:
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.

New Issue: Harvard International Law Journal

The latest issue of the Harvard International Law Journal (Vol. 61, no. 2, Summer 2020) is out. Contents include:
  • David B. Wilkins, David M. Trubek & Bryon Fong, Globalization, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China
  • Cree Jones & Weijia Rao, Sticky BITs
  • Han-Wei Liu & Ching-Fu Lin, Artificial Intelligence and Global Trade Governance: A Pluralist Agenda
  • Susan H. Farbstein, Perspectives From a Practitioner: Lessons Learned From the Apartheid Litigation

Thursday, October 15, 2020

d'Aspremont: International Law as a Crisis Discourse: The Peril of Wordlessness

Jean d'Aspremont (Sciences Po - Law; Univ. of Manchester - Law) has posted International Law as a Crisis Discourse: The Peril of Wordlessness (in Crisis Narratives in International Law, Makane Mbengue & Jean d’Aspremont eds., forthcoming). Here's the abstract:
International law lives off crises, lives its crises, and lives in crisis. International law is a discourse for crisis, about crisis, and in crisis. In short, international law is a crisis discourse. In that sense, engaging with international law from the vantage point of crisis hardly adds anything, let alone proves novel. International lawyers are the masters of a discourse that is all about containing, making, and surviving crises in an interventionist, and managerial spirit. Against this backdrop, the very extensive literature that burgeoned following the outbreak of the COVID-19 pandemic is nothing but business as usual for a crisis discourse like international law. And yet, as this paper tries to demonstrate, should international law let the looming climate catastrophe – as well as the calamitous consequences of the measures necessary to avert it entail – be absorbed in its crisis narratives and in what is called here its ‘normally abnormal normality’, international law would be condemned to wordlessness.

Grossman: Populism, International Courts, and Women's Human Rights

Nienke Grossman (Univ. of Baltimore - Law) has posted Populism, International Courts, and Women's Human Rights (Maryland Journal of International Law, forthcoming). Here's the abstract:
This contribution to the Maryland Journal of International Law’s Fall 2019 symposium on populism aims to begin to explore the impact populism may have on gender equality, or more specifically, women’s human rights, as mediated by international courts and quasi-adjudicative bodies interpreting human rights law. In other words, it considers the extent to which populism is potentially harmful or helpful to women’s human rights, as articulated by these institutions.

New Issue: Global Responsibility to Protect

The latest issue of Global Responsibility to Protect (Vol. 12, no. 4, 2020) is out. Contents include:
  • Forum: R2P at 15
    • Charles T. Hunt, Cecilia Jacob, & Adrian Gallagher, Progress, Problems, and Prospects: R2P 15 Years after the World Summit
    • Gareth Evans, The Dream and the Reality
    • Savita Pawnday & Jaclyn Streitfeld-Hall, The Practitioner’s Perspective: R2P at 15
    • Cristina G. Stefan & Edward Newman, Europe’s Progress and the Road Ahead at R2P’s 15th Anniversary
    • Fatou Bensouda, The Progress and Convergence of the icc and R2P Norms in a Rules-Based Global Order
    • Victoria K. Holt, R2P at 15: Reflections of a Policymaker
    • Edward C. Luck, The Adolescent: R2P at Fifteen
  • Richard Illingworth, Responsible Veto Restraint: a Transitional Cosmopolitan Reform Measure for the Responsibility to Protect
  • Ririn Tri Nurhayati, Assessing Indonesia’s Capacity for Preventing Mass Atrocities
  • Noele Crossley, Conceptualising Consistency: Coherence, Principles, and the Practice of Human Protection

Gilbert: Indigenous Peoples and Litigation: Strategies for Legal Empowerment

Jérémie Gilbert (Univ. of Roehampton - Law) has posted Indigenous Peoples and Litigation: Strategies for Legal Empowerment (Journal of Human Rights Practice, forthcoming). Here's the abstract:
Across the globe indigenous peoples are increasingly using litigation to seek remedies for violation of their fundamental human rights. The rise of litigation is to be placed in the larger context of increased land grabbing, exploitation of natural resources, and the general lack of recognition of indigenous peoples’ rights at the national level. This lack of legal rights is usually coupled with a lack of political will to address the issues faced by indigenous peoples, often leading to serious human rights violations, leaving indigenous advocates with few options but to turn to courts as a last resort to seek remedies. This article examines some of the issues faced by indigenous peoples and their advocates when engaging in human rights litigation. The goal is to offer a practice-based reflection on the encounter between courts and indigenous peoples with a specific focus on analysing strategies to support indigenous peoples’ legal empowerment. This is particularly important knowing the technicalities, externalities and complexities of the process of litigation, and the fact that many decisions do not get implemented. In this context this article explores how the process of litigation in itself can support legal empowerment and the wider fight for justice.

Jurkovich: Feeding the Hungry: Advocacy and Blame in the Global Fight against Hunger

Michelle Jurkovich
(Univ. of Massachusetts, Boston - Political Science) has published Feeding the Hungry: Advocacy and Blame in the Global Fight against Hunger (Cornell Univ. Press 2020). Here’s the abstract:

Food insecurity poses one of the most pressing development and human security challenges in the world. In Feeding the Hungry, Michelle Jurkovich examines the social and normative environments in which international anti-hunger organizations are working and argues that despite international law ascribing responsibility to national governments to ensure the right to food of their citizens, there is no shared social consensus on who ought to do what to solve the hunger problem. Drawing on interviews with staff at top international anti-hunger organizations as well as archival research at the United Nations Food and Agriculture Organization, the UK National Archives, and the U.S. National Archives, Jurkovich provides a new analytic model of transnational advocacy.

In investigating advocacy around a critical economic and social right—the right to food—Jurkovich challenges existing understandings of the relationships among human rights, norms, and laws. Most important, Feeding the Hungry provides an expanded conceptual tool kit with which we can examine and understand the social and moral forces at play in rights advocacy.

Wednesday, October 14, 2020

Milanovic: Surveillance and Cyber Operations

Marko Milanovic (Univ. of Nottingham - Law) has posted Surveillance and Cyber Operations (in Research Handbook on Extraterritorial Human Rights Obligations, Mark Gibney et al. eds., forthcoming). Here's the abstract:

This chapter examines the extent to and the basis on which human rights treaties apply extraterritorially to state surveillance and cyber operations. Consider only the following examples: (1) The targeted surveillance of a specific individual outside a state’s territory – as, for instance, with the operations allegedly conducted by the authorities of Saudi Arabia against Saudi dissidents abroad, one of which ultimately led to the plot to assassinate the journalist Jamal Khashoggi, or against the CEO of Amazon, Jeff Bezos, apparently in a rather crude attempt to blackmail him. (2) Mass surveillance or bulk collection programmes, such as those run by the US and UK signals intelligence agencies, that syphon the content of electronic communications of millions of people outside the state’s territory, or the metadata about these communications, in order to create searchable datasets in which persons of particular interest, e.g. suspected terrorists, can then be found. (3) Cyber operations that exfiltrate data on Covid-19 vaccine research, potentially affecting the development of vaccines that could save many thousands of lives. (4) Cyber operations that destroy or manipulate such data. (5) Cyber operations against hospitals or against critical infrastructure, which directly endanger many lives. (6) Cyber operations against media outlets, which disrupt their activities and inhibit their freedom of expression. (7) Online misinformation operations for various purposes, for example to manipulate the outcome of an election or to destroy public trust in state institutions during the pandemic. Common to all of these scenarios is that through entirely digital means states can violate a host of different human rights, from the rights to privacy and the freedom of expression, to the right to life and the right to health, of persons located outside their territories.

The chapter will first proceed to briefly outline how the traditional models of extraterritorial application, the spatial and the personal, would apply to surveillance and cyber operations, examining a few old cases in which the issue was raised, if never properly resolved. It will then look at recent developments that are particularly important in the surveillance and cyber context, even if some of them are not directly apposite: a judgment of the UK Investigatory Powers Tribunal, the advisory opinion of the Inter-American Court of Human Rights on the environment and human rights, the Human Rights Committee’s General Comment No. 36 on the right to life, and the judgment of the Federal Constitutional Court of Germany on the applicability of the German Basic Law to surveillance operations abroad. The chapter will then finally offer some concluding thoughts on the direction towards which the legal position is likely to evolve, and should evolve, regarding the applicability of human rights law to extraterritorial surveillance and cyber operations.

Casey-Maslen: Jus ad Bellum: The Law on Inter-State Use of Force

Stuart Casey-Maslen (Univ. of Pretoria - Centre for Human Rights) has published Jus ad Bellum: The Law on Inter-State Use of Force (Hart Publishing 2020). Here's the abstract:
This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.

Kulick: Corporate Human Rights?

Andreas Kulick (Universität Tübingen - Law) has posted Corporate Human Rights? (European Journal of International Law, forthcoming). Here's the abstract:
Do corporations have human rights? This article addresses a to date rather understudied issue of the corporations and human rights debate: whether and to what extent corporations can be bearers of human rights, with a focus on the ECHR and ECtHR jurisprudence. In a nutshell, it argues that what subsequently will be called ‘the individualistic approach’, i.e. purporting that the corporate form itself cannot be bearer of human rights, counter-intuitively, leads to almost unfettered human rights entitlements of corporations. Thereby, this piece provides a critique of both established corporate law thinking as well as the dominant view in human rights scholarship. Instead, it is submitted that taking the corporate form seriously and granting it some entitlements to some extent under a functionalist theory emerges as the preferable approach – theoretically, doctrinally and practically. The article draws on ECtHR jurisprudence, general legal as well as corporate law theory and on comparative constitutional law in order to corroborate its argument.

Henrich: Vertragsgewohnheitsrecht und Parlamentsbeteiligung: Verfassungsrechtliche Probleme informeller Vertragsänderungen im Völkerrecht

Christina Henrich has published Vertragsgewohnheitsrecht und Parlamentsbeteiligung: Verfassungsrechtliche Probleme informeller Vertragsänderungen im Völkerrecht (Mohr Siebeck 2020). Here's the abstract:
Angesichts weltpolitischer Veränderungen, die sich in völkerrechtlichen Vertragstexten nicht unmittelbar umsetzen lassen, haben sich verschiedene Mechanismen herausgebildet, die den völkerrechtlichen Vertrag dennoch aktuell halten. Neben evolutiver Auslegung können inhaltliche Veränderungen in Verträgen durch die Herausbildung von Vertragsgewohnheitsrecht erfolgen. Diese Mechanismen zu erläutern und voneinander abzugrenzen steht im Zentrum der völkerrechtlichen Analyse. Aus verfassungsrechtlicher Sicht stellt sich dann die Frage nach der Parlamentsbeteiligung. Hier schwelt ein Kompetenzkonflikt zwischen Exekutive und Legislative im Bereich der auswärtigen Gewalt, den Christina Henrich zugunsten des Parlaments und unter Berücksichtigung des Gewaltenteilungskonzepts des Grundgesetzes auflöst. Anschließend überträgt sie die gewonnenen Erkenntnisse auf den Entstehungsprozess von Völkergewohnheitsrecht.

Monday, October 12, 2020

Eggers, Pearson, & Almada e Santos: The United Nations and Decolonization

Nicole Eggers (Univ. of Tennessee, Knoxville - History), Jessica Lynne Pearson (Macalester College - History), & Aurora Almada e Santos (NOVA Univ. of Lisbon - Institute of Contemporary History) have published The United Nations and Decolonization (Routledge 2020). The table of contents is here. Here's the abstract:
Differing interpretations of the history of the United Nations on the one hand conceive of it as an instrument to promote colonial interests while on the other emphasize its influence in facilitating self-determination for dependent territories. The authors in this book explore this dynamic in order to expand our understanding of both the achievements and the limits of international support for the independence of colonized peoples.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 69, no. 4, October 2020) is out. Contents include:
  • Articles
    • Stephen Donnelly, Conflicting Forum-Selection Agreements in Treaty and Contract
    • Nicolas Bueno & Claire Bright, Implementing Human Rights Due Diligence Through Corporate Civil Liability
    • Simon Chesterman, Artificial Intelligence and the Limits of Legal Personality
    • Elliot Winter, The Compatibility Of Autonomous Weapons with the Principle of Distinction in the Law of Armed Conflict
    • Jean-Michel Marcoux & Andrea K. Bjorklund, Foreign Investors’ Responsibilities and Contributory Fault in Investment Arbitration
    • David Restrepo Amariles, Amir Ardelan Farhadi, & Arnaud Van Waeyenberge, Reconciling International Investment Law and European Union Law in the Wake of Achmea
    • Radha Ivory & Tina Søreide, The International Endorsement of Corporate Settlements in Foreign Bribery Cases
  • Shorter Articles
    • Trevor C Hartley, Recent Developments Under the Brussels I Regulation
    • Ilias Bantekas, Equal Treatment of Parties in International Commercial Arbitration
    • Catherine Briddick, Combatting or Enabling Domestic Violence? Evaluating the Residence Rights of Migrant Victims of Domestic Violence in Europe

van Aaken & Elm: Framing in and through International Law

Anne van Aaken (Univ. of Hamburg - Law) & Jan-Philip Elm (Univ. of Hamburg) have posted Framing in and through International Law (in International law’s invisible frames – Social cognition and knowledge production in international legal processes, Andrea Bianchi & Moshe Hirsch eds., forthcoming). Here's the abstract:
Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time – be it in domestic or international politics – it has not been systematically explored in the context of social cognition and knowledge production processes in public international law. We aim to close this gap by examining the implications of framing effects for preference and belief formation in specific settings in public international law. By looking at issue framing in addition to equivalency framing (which includes most well-known gain-loss framing effects), we broaden the scope of framing effects as traditionally studied in behavioral law and economics by also including findings from research in political communication. In the first part of this chapter, we provide an overview of the experimental evidence of both types of framing, show how it has already been incorporated into neighboring disciplines to public international law, and untangle the difference between preference reversals and a change in beliefs. In the second part, we identify typical situations in public international law where framing effects play an important role in social cognition and knowledge production processes. Without claiming to be exhaustive, we focus on international negotiations, international adjudication, global performance indicators, and norm framing.

Sunday, October 11, 2020

Zorzi Giustiniani: International Law in Disaster Scenarios: Applicable Rules and Principles

Flavia Zorzi Giustiniani (Università telematica internazionale UniNettuno - Law) has published International Law in Disaster Scenarios: Applicable Rules and Principles (Springer 2021). Here's the abstract:

The book identifies the main international concepts and rules that are of special relevance in disaster settings and critically analyses how they are implemented in such contexts. It shows that, although the crucial and growing importance of disaster response has resulted in a complex framework of international obligations, it is nonetheless guided by certain general principles/values.

In particular, through an in-depth analysis of sovereignty, international cooperation and solidarity, and their manifestations in disaster contexts, the book assesses the concrete scope and nature of the obligations of the state affected by the disaster, and those of the international community, respectively. Considerable attention is devoted to the applicable legal framework governing disaster response in mixed situations of disaster and armed conflict, and to the main problems and operational challenges entailed by the involvement of foreign military personnel and assets in disaster response.

The book’s overall objective is to provide an authoritative overview of the development, core issues and challenges in international law with regard to disaster scenarios, and to serve as a valuable and comprehensive reference guide.