Saturday, April 18, 2020
- Eileen Denza & Lauge N. Skovgaard Poulsen, The Euro–Arab Investment Treaty That Nearly Was
- Javier García Olmedo, Recalibrating the International Investment Regime Through Narrowed Jurisdiction
- Bríd Ní Ghráinne, Safe Zones and the Internal Protection Alternative
- Paul F. Scott, Passports, The Right to Travel, And National Security in the Commonwealth
- Anna Petrig & Maria Stemmler, Article 16 UNESCO Convention and the Protection of Underwater Cultural Heritage
- Shorter Articles
- Matteo Winkler, Understanding Claim Proximity in the EU Regime of Jurisdiction Agreements
- David Matyas, Humanitarian Access Through Agency Law in Non-International Armed Conflicts
- Julian Kulaga, A Renaissance of the Doctrine of Rebus Sic Stantibus?
- Orazio Coco, Contemporary China and the “Harmonious” World Order in the Age of Globalization
- Hai Thanh Luong, Mapping on Transnational Crime Routes in the New Silk Road: a Case Study of the Greater Mekong Sub-region
- Paweł Mateusz Gadocha, Assessing the EU Framework Regulation for the Screening of Foreign Direct Investment—What Is the Effect on Chinese Investors?
- Bjarke Zinck Winther, A Review of the Academic Debate about United Nations Security Council Reform
- Jay Butler, The Corporate Keepers of International Law
- Tom Ginsburg, Authoritarian International Law?
- International Decisions
- Monika Zalnieriute, Google LLC v. Commission nationale de l'informatique et des libertés (CNIL)
- Tom Ruys, Mukeshimana-Ngulinzira and Others v. Belgium and Others
- Sebastian Bates, Law Society of South Africa and Others v. President of the Republic of South Africa and Others
- Victor Kattan, Jadhav Case (India v. Pakistan)
- 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
- Penelope Andrews, reviewing Research Handbook on Feminist Engagement in International Law, edited by Susan Harris Rimmer and Kate Ogg
- Michael Matheson, reviewing Internationalized Armed Conflicts in International Law, by Kubo Mačák
- Catherine Brölmann, reviewing Interactions Between Regional and Universal Organizations: A Legal Perspective, by Laurence Boisson de Chazournes
- Bernard H. Oxman, reviewing The Free Sea: The American Fight for Freedom of Navigation, by James Kraska and Raul Pedrozo
- Evan T. Bloom, reviewing Emerging Legal Orders in the Arctic: The Role of Non-Arctic Actors, edited by Akiho Shibata, Leilei Zou, Nikolas Sellheim, and Marzia Scopelliti
- Peter Tzeng, A Strategy of Non-Participation before International Courts and Tribunals
- Marco Dimetto, Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?
- Scott Falls, Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration
- Andreas Kulick, Let’s (Not) (Dis)Agree to Disagree!? Some Thoughts on the ‘Dispute’ Requirement in International Adjudication
- Tommaso Soave, European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva
Thursday, April 16, 2020
Call for Submissions: Challenging the International Law of Immunities: New Trends on Established Principles?
- Paulo Pinto de Albuquerque, The Rights of Migrants and Refugees under the European Convention on Human Rights: Where are we now?
- Symposium Issue on Law and Peacekeeping
- Aisling Swaine, Gender Planning for Peace and Security: Re-orienting National Action Plans
- Patrick Burke, EU Navfor Med Operation Sophia – An impossible challenge?
- Pearce Clancy, Arise, Sleeping Beauty: What PESCO means for Ireland
- Richard Brennan, The Human Rights jurisdictional reach: A new entry point in Peace Operations – An operational perspective
Wednesday, April 15, 2020
Imseis: Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967-2020
This article critically examines the UN’s commitment to the international rule of law through an examination of its position on occupied Palestine post-1967. Occupation of enemy territory is meant to be temporary and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically and forcibly altered the status of occupied Palestine, with the aim of annexing, de jure or de facto, most or all of it. While the UN has focused on the legality of Israel's discrete violations of humanitarian and human rights law, scant attention has been paid by the Organization to the legality of its occupation regime as a whole. By what rationale can it be said that Israel's prolonged occupation of Palestine remains legal? This paper argues that the occupation has become illegal for its systematic violation of at least three jus cogens norms. Although an increasing number of commentators have subscribed to this view, little attention has been paid to its relevant international legal consequences which dictate a paradigm shift away from negotiations as the condition precedent for ending the occupation, as unanimously affirmed by the international community through the UN.
Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes.
This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria.
Tuesday, April 14, 2020
- Barnali Choudhury, International Investment Law and Noneconomic Issues
- Douglas E. Edlin, The Constitutional Logic of the Common Law
- Margaret K. Lewis, Why China Should Unsign the International Covenant on Civil and Political Rights
- Vald Perju, Identity Federalism in Europe and the United States
The American Society of International Law calls for submissions of scholarly paper proposals for the 2020 ASIL Research Forum to be held at ASIL Academic Partner Case Western Reserve University School of Law in Cleveland, OH. The Research Forum, a Society initiative introduced in 2011, aims to provide a setting for the presentation and focused discussion of scholarly papers related to international law. All ASIL members are invited to attend the Forum, whether presenting a paper or not. Students and new professionals are especially encouraged to submit proposals for the Forum, and for the David Caron Prize (described below).
The Society plans to hold the Research Forum in person if it is possible to do so consistent with the safety and well-being of our attendees in light of the 2020 coronavirus pandemic. We will explore alternative arrangements should it be impossible or inadvisable for an in-person gathering to take place in October, and if the public health situation prevents individual presenters from attending, we will work with them to arrange alternative options for remote participation.
Papers may be on any topic related to international and transnational law and must be unpublished (for purposes of the call, publication to an electronic database such as SSRN is not considered publication). Interdisciplinary projects, empirical studies, and jointly authored papers are welcome. To be selected for the Research Forum, interested presenters should submit an Abstract of no more than 500 words in length summarizing the scholarly paper by 5:00 PM EST on Monday, May 18, 2020. Abstracts should be submitted using the form below. The Abstracts will be considered via a blind review process. Abstracts that do not follow these guidelines will not be considered. Notifications of acceptance will go out in June.
Abstracts of papers accepted for presentation will be assembled into thematic panels. The organizers welcome volunteers to serve as discussants who will comment on the papers. All authors of accepted papers will be required to submit their completed paper four weeks before the Research Forum, Thursday, October 1. Accepted authors must commit to participating on both Friday, October 30 and Saturday, October 31, 2020. Papers will be posted in advance of the Forum on the Midyear Meeting App, accessible only by participants in the Meeting.
Presenters will have the option (subject to editorial approval) of being published in the spring 2021 double volume, ASIL Research Forum issue of the Case Western Reserve Journal of International Law. To qualify for publication in the Case Western Reserve Journal of International Law, papers must be between 15-30 single spaced pages, include citations in Bluebook format, and be submitted by September 7, 2020.
David D. Caron Prize
The David D. Caron Prize is awarded for the best paper presented at the Research Forum by (a) a student currently enrolled in a graduate program; or (b) a person who received a graduate degree not more than five years prior to the date of the Research Forum at which the paper is presented. Co-authored papers are eligible for consideration provided all the co-authors meet the requirements stated above. All papers submitted for the Caron Prize by the deadline will receive written feedback from members of the Selection Committee, in addition to the feedback provided at the Forum.
Individuals whose papers are accepted for the Research Forum and who wish to be considered for the prize must submit their papers by Monday, September 7. The prize committee will review submitted papers, provide authors with feedback, and make recommendations in advance of a second-round submission. Papers not received by this date will not be considered for the Prize. Please note that authors must actually present their papers at the Research Forum, where the Prize will be announced. Authors who anticipate financial barriers to attending the Forum should also apply for a David D. Caron Fellowship, described below. The Prize recipient will receive a travel stipend to attend the Society's 2021 Annual Meeting, where the Prize will be formally presented.
David D. Caron Fellowships
Student or early career authors of accepted abstracts will have the option to apply for a limited number of David D. Caron Fellowships, designed to provide financial assistance to individuals who would not otherwise be able to attend and present their scholarship. More information about these fellowships will be circulated to individuals whose papers are accepted.
Monday, April 13, 2020
- Special Issue: Rules of Origin: A Comparative Analysis
- Juan David Barbosa, Rules of Origin: A Comparative Analysis
- Davide Rovetta, Agnieszka Smiatacz, Edwin Vermulst, & Emmanuelle Rogiest, Rules of Origin in the EU, a Simplification?
- Nataliia Isakhanova, Rules of Origin Under the Legislation of Ukraine and Its Correlation with International Treaties to Which Ukraine Is a Party, Including FTAs and PEM Convention
- V. Lakshmikumaran, Rules of Origin and the FTAs: Major Issues in India
- Daniel Rosenblatt, Peace and Prosperity: Israel’s Qualifying Industrial Zone Agreements with Jordan and Egypt
- Thinus Jacobsz, Rules of Origin. Notes on Challenges for the African Continental Free Trade Area (AfCFTA)
- Giang Le & Hanh Bui, Vietnamese Exporters in the Midst of Rules of Origin Under FTAs
- Jean-Marc Clément, Proving FTA Preferential Tariff Eligibility: The Evidentiary Burden in Canada
- Gustavo A. Uruchurtu, The New Paradigms for the Rule of Origin in México
- Paola Arnolt & Horacio Cepeda, Rules of Origin in the Mercosur–UE Agreement
- María Noel Lascano, The Non-preferential Certification of Origin in Argentina
- Martín Mariotta, Fabrizzio de Armas, & Camilo Méndez, Jurisprudence of Civil Appeals Courts in the Matter of Rules of Origin (2013–2019)
- Andrea Weiss Balassiano, Rules of Origin in Brazil
- Juan David Barbosa Mariño & Juan David López Vergara, The Preferential and Non-preferential Certification of Origin in Colombia: Trends on the Origin Verification Process
- Brian Rankin Staples, Importers: Improve Origin Data Quality to Reduce Origin Liability
- Flavia Figueredo, Mistakes in Certificates of Origin. Relationship with the General Principles of Law, the Legal Type and the Subjective Aspects of Customs Infractions
Sunday, April 12, 2020
- Rachael Lorna Johnstone & Guðmundur Alfreðsson, In Memoriam – Ágúst Þór Árnason, 26 May 1954–11 April 2019
- Aili Keskitalo, Opening Address
- Vittus Qujaukitsoq, The Constitutional History of Greenland: Speech by the Minister for Mineral Resources, Labour, Interior and Nordic Co-operation
- Yelena Yermakova, The Arctic: Press, Policy and the Arctic Council
- Malgorzata (Gosia) Smieszek, Steady as She Goes? Structure, Change Agents, and the Evolution of the Arctic Council
- Nigel Bankes, Arctic Ocean Management and Indigenous Peoples: Recent Legal Developments
- Ragnar Baldursson, An Icelandic Perspective: Opening the Arctic Ocean
- Elise Johansen, The Role of the Law of the Sea in Climate Change Litigation
- Alejandra Mancilla, Four Principles to Justify Claims to Jurisdiction and to Natural Resources in Antarctica
- Bent Ole Gram Mortensen & Ulrike Fleth-Barten, Denmark’s Obligations Regarding Mineral Resources in Greenland
- Astrid Nonbo Andersen, The Greenland Reconciliation Commission: Moving Away from a Legal Framework
- Apostolos Tsiouvalas, Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms
- Gudmundur Alfredsson, Gun-Mari Lindholm, Göran Lindholm & Elisabeth Nauclér, History of Polar Law: Professor Atle Grahl-Madsen and the Seminars on the Small Nations of the North
- Elliot Winter, Pillars not Principles: The Status of Humanity and Military Necessity in the Law of Armed Conflict
- Samuli Haataja, Cyber Operations and Collective Countermeasures under International Law
- Emma J Marchant, Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law
- Manuel Galvis Martínez, Betrayal in War: Rules and Trends on Seeking Collaboration under IHL
- Verity Robson, The Common Approach to Article 1: The Scope of Each State’s Obligation to Ensure Respect for the Geneva Conventions
- Ahmed Almutawa, Designing the Organisational Structure of the UN Cyber Peacekeeping Team
- Nery Ramati, The Rulings of the Israeli Military Courts and International Law