- Special Issue: After Fragmentation?
- Christian Kreuder-Sonnen & Michael Zürn, After fragmentation: Norm collisions, interface conflicts, and conflict management
- Benjamin Faude & Julia Fuss, Coordination or conflict? The causes and consequences of institutional overlap in a disaggregated world order
- Sassan Gholiagha, Anna Holzscheiter, & Andrea Liese, Activating norm collisions: Interface conflicts in international drug control
- Hannah Birkenkötter, International law as a common language across spheres of authority?
- Nico Krisch, Francesco Corradini, & Lucy Lu Reimers, Order at the margins: The legal construction of interface conflicts over time
- Daniëlle Flonk, Markus Jachtenfuchs, & Anke S. Obendiek, Authority conflicts in internet governance: Liberals vs. sovereigntists?
- Louise Wiuff Moe & Anna Geis, From liberal interventionism to stabilisation: A new consensus on norm-downsizing in interventions in Africa
- Karen J. Alter, Comprehending global governance: International regime complexity vs. global constitutionalism
- Siddharth Mallavarapu, ‘After fragmentation’: Notes from the global South
Saturday, August 15, 2020
- Rogier Bartels, The Classification of Armed Conflicts by International Criminal Courts and Tribunals
- Alexandre Skander Galand, Bemba and the Individualisation of War: Reconciling Command Responsibility under Article 28 Rome Statute with Individual Criminal Responsibility
- Edith Riegler, Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the ICTY and the ICC
Friday, August 14, 2020
Tignino & Irmakkesen: The Geneva List of Principles on the Protection of Water Infrastructure: an Assessment and the Way Forward
Attacks against water infrastructure and their weaponization have hit the headlines several times in recent armed conflicts. As opposed to the protection of water per se as a natural resource and as a vital human need which is dealt with rather extensively in doctrine, the protection of water infrastructure requires greater scrutiny. This monograph includes the Geneva List of Principles on the Protection of Water Infrastructure, drafted in 2019 under the auspices of the Geneva Water Hub, bringing together rules regulating the protection of water infrastructure under international humanitarian law, international human rights law, international environmental law and international water law. It aims at providing a holistic approach to the issue by clarifying international obligations and developing recommendations in the form of principles.
The American Society of International Law is pleased to announce a free online series examining what the 2020 Presidential Election will mean for the future of international law. The six hour-long sessions will feature discussions with current and former public officials, campaign representatives, and leading experts from academia, private practice, and non-governmental organizations.
The series will explore the following topics:
Cyber Threats & Election Interference (REGISTER)
Trade & Investment
Climate Change & the Environment
Immigration & Asylum
Use of Force & Counterterrorism
Multilateralism & International Institutions
Session One: Cyber Threats and Election Interference
Wednesday, August 19, 2020 at 1:00pm EDT
This session will consider the legal and security implications of foreign interference in the U.S. elections, and will examine the 2020 U.S. presidential candidates' policies and perspectives.
On August 7, the director of the National Counterintelligence and Security Center issued a threat update stating that "Ahead of the 2020 U.S. elections, foreign states will continue to use covert and overt influence measures in their attempts to sway U.S. voters' preferences and perspectives, shift U.S. policies, increase discord in the United States, and undermine the American people's confidence in our democratic process. They may also seek to compromise our election infrastructure for a range of possible purposes, such as interfering with the voting process, stealing sensitive data, or calling into question the validity of the election results."
This session will address these issues and discuss the impact that the result of the 2020 presidential election will have on how the U.S. Government responds to them.
- Susan Benesch, Berkman Klein Center for Internet & Society, Harvard University
- Carrie Cordero, Center for a New American Security
- Jamil N. Jaffer, National Security Institute, George Mason University Antonin Scalia Law School
- Chimène Keitner (moderator), UC Hastings Law, San Francisco
- Neha Mishra, Privacy, Cybersecurity, and GATS Article XIV: A New Frontier for Trade and Internet Regulation?
- Dan Ciuriak, Ali Dadkhah, & Dmitry Lysenko, The Effect of Binding Commitments on Services Trade
- George A. Papaconstantinou, The GATS and Financial Regulation: Time to Clear-House?
- Mitsuo Matsushita & C. L. Lim, Taming Leviathan as Merchant: Lingering Questions about the Practical Application of Trans-Pacific Partnership's State-Owned Enterprises Rules
- Shujie Feng, Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?
- Emilia Onyema, Reimagining the Framework for Resolving Intra-African Commercial Disputes in the Context of the African Continental Free Trade Area Agreement
Thursday, August 13, 2020
Die Menschenwürde begegnet uns in einer wachsenden Zahl an Judikaten des EGMR und in sehr unterschiedlichen Kontexten, jedoch ohne in einem Konventionsartikel zu figurieren, ohne Definition einer noch umfassenderen, systematischen und materiellen Grundlegung in der EMRK. Dabei bildet die Würde-Rechtsprechung einen Kernbestandteil einer europäischen Rechtszivilisation. Pascal Ronc untersucht, in welchen Konstellationen und mit welchen Funktionen die Menschenwürde in der Argumentation des EGMR eingebracht wird. Diese Analyse wird mit einer methodenkritischen Reflexion über das Vorgehen des Gerichtshofes verbunden. Auf diesem Fundament synthetisiert der Autor Elemente einer umfassenderen, kohärenten Theorie der Menschenwürde in der EMRK. Normstruktur, Normativität, grundrechtsdogmatische Funktionen und der materielle Gehalt der Menschenwürde werden differenziert herausgearbeitet. Abschluss der Arbeit bildet eine konstruktive Diskussion über Weiterentwicklungspotenziale der Theorieelemente der Menschenwürde auf gesamteuropäischer Ebene; sie liefert so einen aktuellen grundrechtsdogmatischen Beitrag über den Würde-Schutz in Europa.
- Patrick Dumberry, The Clean Hands Doctrine as a General Principle of International Law
- Ana Ubilava, Amicable Settlements in Investor-State Disputes: Empirical Analysis of Patterns and Perceived Problems
- Alperen Afşin Gözlügöl, The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice
- Amalie Giødesen Thystrup, Gender-Inclusive Governance for E-Commerce
Wednesday, August 12, 2020
The Ethiopian Yearbook of International Law (EtYIL) is a peer-reviewed academic book series that focuses on international, regional comparative legal and policy matters that most concern developing countries more generally and Ethiopia and (the Horn of) Africa specifically. The Yearbook is now a well-established and respected source of legal and policy scholarship. It has recently been independently evaluated and included in Scopus. We are pleased to invite interested scholars to consider submitting long or short articles, current development pieces, case reports and book reviews for consideration for the FIFTH (2020) volume of the Yearbook (submission guidelines and other details available here). Submission deadline for this volume is now 30 July 2021. We would like to hear your potential ideas and topics at email@example.com or at Zeray.firstname.lastname@example.org.
A seat on the UN Security Council is a coveted post. With five permanent and ten elected members, the Security Council is responsible for international peace and security, mediating in conflicts, sending out blue helmets and imposing sanctions. Ambassador Karel J.G. van Oosterom, Permanent Representative of the Kingdom of the Netherlands to the United Nations, therefore conducted intensive lobbying for a seat on the Security Council. When the time finally came in 2018, it was the beginning of an intense year. In "With an Orange Tie" Van Oosterom gives the reader intimate insights into the Security Council. He shows the manner in which diplomats discussed international conflicts and how the Council helped to prevent Ebola from becoming a global pandemic; it was a year fraught with tension in places like Syria, Yemen, Iran and North Korea, and with issues such as MH17 and the spy affair in Salisbury. He also discusses the importance of the UN and what it meant to the Netherlands to be a member of the Security Council for a year.
Taylor: A Commentary on the International Covenant on Civil and Political Rights: The UN Human Rights Committee's Monitoring of ICCPR Rights
A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
Tuesday, August 11, 2020
- Elies van Sliedregt, International outlaws
- International Legal Theory
- Juan Pablo Scarfi, Denaturalizing the Monroe Doctrine: The Rise of Latin American Legal Anti-imperialism in the Face of the Modern US and Hemispheric Redefinition of the Monroe Doctrine
- Nicolás M. Perrone, Speed, Law and the Global Economy: How Economic Acceleration Contributes to Inequality and Precarity
- International Law and Practice
- Rossana Deplano, The Parliament of the World? Reflections on the Proposal to Establish a United Nations Parliamentary Assembly
- Vladislava Stoyanova, Fault, Knowledge and Risk within the Framework of Positive Obligations under the European Convention on Human Rights
- Marco Pertile & Sondra Faccio, What We Talk About When We Talk About Jerusalem: The Duty of Non-recognition and the Prospects for Peace after the US Embassy’s Relocation to the Holy City
- Eliana Cusato, International Law, the Paradox of Plenty and the Making of Resource-Driven Conflict
- Juan Pablo Perez-Leon-Acevedo, The Control of the Inter-American Court of Human Rights over Amnesty Laws and Other Exemption Measures: Legitimacy Assessment
- Pasha L. Hsieh, Rethinking Non-Recognition: The EU’s Investment Agreement with Taiwan under the One-China Policy
- Francesca Capone, The Alleged Tension between the Global Compact for Safe, Orderly and Regular Migration and State Sovereignty: ‘Much Ado about Nothing’?
- Marika Sosnowski, ‘Not dead but sleeping’: Expanding International Law to Better Regulate the Diverse Effects of Ceasefire Agreements
- Irma Johanna Mosquera Valderrama, BEPS Principal Purpose Test and Customary International Law
- International Court of Justice
- Felix Fouchard, Allowing ‘leeway to expediency, without abandoning principle’? The International Court of Justice’s use of Avoidance Techniques
- International Criminal Courts and Tribunals
- Nicola Palmer, International Criminal Law and Border Control: The Expressive Role of the Deportation and Extradition of Genocide Suspects to Rwanda
- Dimitar Gueorguiev, Daniel McDowell, & David A. Steinberg, The Impact of Economic Coercion on Public Opinion: The Case of US–China Currency Relations
- Iain Osgood & Corina Simonelli, Nowhere to Go: FDI, Terror, and Market-specific Assets
- Lesley-Ann Daniels, How and When Amnesty during Conflict Affects Conflict Termination
- Devorah Manekin & Reed M. Wood, Framing the Narrative: Female Fighters, External Audience Attitudes, and Transnational Support for Armed Rebellions
- Aaron M. Hoffman & José Kaire, Comfortably Numb: Effects of Prolonged Media Coverage
- Scott Gates & Mogens K. Justesen, Political Trust, Shocks, and Accountability: Quasi-experimental Evidence from a Rebel Attack
- Karin Dyrstad & Solveig Hillesund, Explaining Support for Political Violence: Grievance and Perceived Opportunity
- Hema Preya Selvanathan & Bernhard Leidner, Modes of Ingroup Identification and Notions of Justice Provide Distinct Pathways to Normative and Nonnormative Collective Action in the Israeli–Palestinian Conflict
Where the rights of foreign investors are harmed in disputed maritime areas, the question arises whether these investors can invoke international investment agreements (IIAs) to seek redress. IIAs cover both bilateral investment treaties (BITs) and multilateral investment agreements (MIAs). BITs can be described as ‘reciprocal legal agreement[s] concluded between two sovereign States for the promotion and protection of investments by investors of the one State (“home State”) in the territory of the other State (“host State”)’. Reciprocal rules and protections of investments may also increasingly be found in multilateral agreements, which can be seen – at least from this perspective – as MIAs. IIAs are the primary instruments for the protection of foreign investments in international investment law. Typical provisions contained in IIAs include definitions of the notions of investment and investor, substantive protections of foreign investors (eg, concerning expropriation, fair and equitable treatment, full protection and security), and dispute settlement clauses (usually providing for both investor-state and state-to-state arbitration).
But do they apply to investments in disputed maritime areas? And if this is the case, can an arbitral tribunal established under an IIA’s dispute settlement clause make all findings of fact and law required to apply the IIA without exceeding the scope of its jurisdictional mandate?
This chapter seeks to answer these questions. In so doing, it will define the concept of ‘disputed maritime areas’ for present purposes (section 2). Next, it will address the spatial scope of IIAs as a matter of substantive law in relation to maritime areas generally and disputed maritime areas specifically (section 3). Thereafter, this chapter will turn to specific challenges of procedural law raised by investor-state dispute settlement in relation to investments in disputed maritime areas (section 4). An ensuing section will assess the different approaches investment tribunals could follow in dealing with the aforementioned challenges (section 5), followed by concluding remarks (section 6).
- COVID-19 and EJIL; The Self-Asphyxiation of Democracy; Publishers, Academics and the Battles over Copyright and Your Rights I; Festschrift? ‘That Which Is Hateful to You, Do Not Do to Your Fellow! That is the Whole Torah; The Rest is Interpretation’ (from the Elder Hillel in Babylonian Talmud, Shabbat 31a); Vital Statistics; A Less Exclusive Submission Process; In this Issue
- The EJIL Foreword
- André Nollkaemper, Jean d’Aspremont, Christiane Ahlborn, Berenice Boutin, Nataša Nedeski, & Ilias Plakokefalos, with the collaboration of Dov Jacobs, Guiding Principles on Shared Responsibility in International Law
- Ezgi Yildiz, A Court with Many Faces: Judicial Characters and Modes of Norm Development in the European Court of Human Rights
- Tilmann Altwicker, Non-Universal Arguments under the European Convention on Human Rights
- Eyal Benvenisti & Doreen Lustig, Monopolizing War: Codifying the Laws of War to Reassert Governmental Authority, 1856–1874
- Focus: Interpretation and Custom
- Danae Azaria, ‘Codification by Interpretation’: The International Law Commission as an Interpreter of International Law
- Kristina Daugirdas, International Organizations and the Creation of Customary International Law
- Orfeas Chasapis Tassinis, Customary International Law: Interpretation from Beginning to End
- Jan Klabbers, The Cheshire Cat That Is International Law
- Roaming Charges: Death Wall
- EJIL: Debate!
- Ivar Alvik, The Justification of Privilege in International Investment Law: Preferential Treatment of Foreign Investors as a Problem of Legitimacy
- Jürgen Kurtz, On Foreign Investor ‘Privilege’ and the Limits of the Law: A Reply to Ivar Alvik
- Critical Review of Governance
- Dai Tamada, The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement
- Changing the Guards
- Michael Waibel, The EU’s Most Influential Economic Policy-maker: Mario Draghi at the European Central Bank
- Review Essay
- Lorenzo Cotula, Investment Contracts and International Law: Charting a Research Agenda. Review of Rudolf Dolzer, Petroleum Contracts and International Law; Jola Gjuzi, Stabilization Clauses in International Investment Law: A Sustainable Development Approach
- Books Reviews
- Jan Klabbers, reviewing Quinn Slobodian, Globalists: The End of Empire and the Birth of Neoliberalism
- Alina Miron, reviewing Stephen Fietta and Robin Cleverly, A Practitioner’s Guide to Maritime Boundary Delimitation; Alex G. Oude Elferink, Tore Henriksen and Veierud Busch (eds), Maritime Boundary Delimitation: The Case Law. Is It Consistent and Predictable?
- Joshua Paine, reviewing Rodrigo Polanco, The Return of the Home State to Investor-State Disputes: Bringing Back Diplomatic Protection?
- The Last Page
- Theodor W. Adorno, ... nach Auschwitz
Monday, August 10, 2020
CALL FOR PAPERS
The Editors welcome submissions for volume 63 (2020) of the GYIL, inviting interested parties to submit contributions for consideration for inclusion in the forthcoming edition.
2020 has proven to be the most consequential year in modern history. Recent global events have highlighted the existence of serious challenges for international law and its institutions. The German Yearbook for International Law (GYIL) wishes to open submissions for articles on all topics of relevance to public international law. In particular, however, we are interested in articles addressing recent international developments such as the impact of Covid-19 on global health and the World Health Organisation, the international dimensions of the Black Lives Matter movement and the fight against racism, the ongoing struggle against climate change, and the implications of political and legal changes in Hong Kong for democracy. Submissions from the entire academic community are welcomed. Articles will be independently peer-reviewed by a board of renowned experts. All work submitted will be scrutinised based on its intellectual quality and its advancement of academic discourse.
Papers submitted should be in English, be between 10,000-12,500 words (inclusive of footnotes), and conform with the house style of the GYIL (which is available on our website). Submissions, including a brief abstract, statement of affiliation, and confirmation of exclusive submission, should be sent by 1 October 2020 to the Assistant Editor of the GYIL via e-mail: email@example.com
Duval & Kassoti: The Legality of Economic Activities in Occupied Territories: International, EU Law and Business and Human Rights Perspectives
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights.
Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard.
Sunday, August 9, 2020
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
- Anne-Sophie Martin & Steven Freeland, Exploring the Legal Challenges if Future On-Orbit Servicing Missions and Proximity Operations
- Ermanno Napolitano, Interdisciplinary Team Teaching in Space Legal Education
- Gemmo Bautista Fernandez, Where No War Has Gone Before: Outer Space and the Adequacy of the Current Law of Armed Conflict
- Stefan Pislevik, Law Without Gravity: Arbitrating Space Disputes at the Permanent Court of Arbitration and the Relevance of Adverse Inferences
- Michelle L.D. Hanlon & Bailey Cunningham, The Legal Imperative to Mitigate the Plume Effect: An “Aggravation and Frustration” that Imperils our History and our Future
This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
Qin: WTO Reform: Multilateral Control over Unilateral Retaliation – Lessons from the US-China Trade War
Preventing trade wars is a key function of the WTO rule-based system. But as the United States and China waged the largest trade war in history, the WTO sat on the sidelines, unable to do anything to stop the fight. Why has the system failed so spectacularly? In a search for answers, this article examines the context of the US-China conflict and makes a number of findings. First, under WTO law, the burden of avoiding this trade war was placed on China, the victim of US aggressive unilateral tariffs; and contrary to China’s claim, its retaliatory tariffs cannot be justified by general principles of international law. Second, the WTO rule prohibiting unilateral retaliation was born out of a grand political bargain, but it embodies the wisdom of Adam Smith and achieves the goal of the Havana Charter to turn retaliation into an instrument of international order. Third, the WTO’s inability to prevent China’s resort to unilateral retaliation reveals a deficiency in its existing legal design, but that deficiency can be fixed procedurally as proposed herein. Given the importance of preventing large-scale trade wars in the future, improving multilateral control over unilateral retaliation should be a top priority in WTO reform.
- Apollin Koagne Zouapet, Putem transforma vechiul în nou? Scurte observații privind protecția diplomatică în lumina „dreptului internațional al drepturilor omului”
- Laura-Maria Crăciunean-Tatu, Participarea la cercetare științifică, accesul la drepturi reproductive și dreptul la sănătate sexuală și reproductivă: abordarea Comitetului ONU pentru Drepturi Economice, Sociale și Culturale în Comunicarea S.C. și G.P. c. Italiei
- Emiliano Jeronimo Buis, La Anfictionía Pileo-Délfica y la solución judicial de controversias interestatales en el mundo griego clásico: ¿Un antecedente antiguo de la Corte Internacional de Justicia?
- Ruggero Cozzi Elzo, Fundamentos del principio de distinción en el derecho internacional humanitario
- Eduardo Picand Albónico, La sucesión por causa de muerte en el sistema chileno de Derecho internacional privado
- Laisa Branco Coelho C. de Almeida & Emanuele Mario Zavanella, The Brazilian 'Blue Amazon' Program: A New Chapter for Submarines Nuclear-Powered International Domain?
- Sebastian Ramos Zeballos, Evolución histórica de la responsabilidad internacional por hecho ilícito, desde los clásicos hasta la Sociedad de Naciones
- Claudio Nash Rojas, Desafíos del sistema interamericano de derechos humanos en tiempos de cólera
- Edison Garcés Cartes, El Caso Samarco y principios rectores sobre empresas y derechos humanos
- Rafael Mauricio Plaza Reveco, Preferential Tax Regimes. Offshore Corporate Profits in the Asia-Pacific Region
- Claudia Cardenas, El Proyecto de Ley de Cooperación entre el Estado de Chile y la Corte Penal Internacional