- Pamela K. Bookman, The Adjudication Business
- Manoj Mate, The WTO and Development Policy Space in India
- Fionnuala Ní Aoláin, The Gender of Occupation
Friday, October 9, 2020
- Rosemary Byrne & Thomas Gammeltoft-Hansen, International Refugee Law between Scholarship and Practice
- Tristan Harley & Harry Hobbs, The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy
- Jennifer J Lee & Elisa Ortega Velázquez, The Detention of Migrant Children: A Comparative Study of the United States and Mexico
- Joshua Blum, When Law Forgets: Coherence and Memory in the Determination of Stateless Palestinian Refugee Claims in Canada
- Gillian D Triggs & Patrick CJ Wall, ‘The Makings of a Success’: The Global Compact on Refugees and the Inaugural Global Refugee Forum
- Robert F Barsky, From the 1965 Bellagio Colloquium to the Adoption of the 1967 Protocol relating to the Status of Refugees
- Covid-19: A Watching Brief
- Jane McAdam, A Watching Brief on the Impacts of COVID-19 on the World’s Displaced People
- Gillian Triggs, We Can Secure Both Public Health and the Rights of Asylum Seekers to Protection
- Mustafa Alio, Shaza Alrihawi, James Milner, Anila Noor, Najeeba Wazefadost, & Pascal Zigashane, By Refugees, for Refugees: Refugee Leadership during COVID-19, and beyond
- Evangelia (Lilian) Tsourdi, COVID-19, Asylum in the EU, and the Great Expectations of Solidarity
Thursday, October 8, 2020
McGarry: Enforcement of Investment Court Decisions under the New York Convention: A Search for Defining Elements
This paper explores whether a decision rendered by an international investment court or similar body would be enforceable in the courts of third States as a ‘foreign arbitral award’, pursuant to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. After asserting the premise that an investment court would be harmonious with States’ existing obligations under the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, this paper reviews salient aspects of the New York Convention’s travaux préparatoires, and its use to enforce the decisions of bodies that challenge assumptions concerning what features make an award ‘foreign’ and ‘arbitral’. The paper then charts a new path by gauging the meaning of ‘arbitration’ in international economic law, in light of its widely ratified usage decades later in the distinctive arbitral procedures of the World Trade Organization. Drawing from this variety of contexts, the paper concludes by linking the interim arbitration mechanism adopted by some WTO members in April 2020 to the institutional body that may yet emerge from UN Commission on International Trade Law negotiations on the reform of investor-State dispute settlement.
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force. Throughout the monograph, questions of European integration in the sphere of the common security and defence policy as well as the EU’s place and role within the international community are put into focus.
2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.
This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO’s education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO’s role in treaty interpretation and substantive and procedural harmonization.
- Sègnonna Horace Adjolohoun, A crisis of design and judicial practice? Curbing state disengagement from the African Court on Human and Peoples’ Rights
- Gus Waschefort, The subject-matter jurisdiction and interpretive competence of the African Court on Human and Peoples’ Rights in relation to international humanitarian law
- Juan Bautista Cartes Rodríguez & Laura Íñigo Álvarez, The case law of the African Court on Human and Peoples’ Rights in Libya following the Arab uprisings : lessons learned for the consolidation and legitimation of the Court
- Swikani Ncube, Human rights enforcement in Africa : enhancing the Pan-African Parliament’s capacity to promote and protect human rights
- Willem Gravett, Digital neo-colonialism : the Chinese model of internet sovereignty in Africa
- Ben Kiromba Twinomugisha, Using the right to health framework to tackle non-communicable diseases in the era of neo-liberalism in Uganda
- Justice Mavedzenge, The Zimbabwean Constitutional Court as a key site of struggle for human rights protection : a critical assessment of its human rights jurisprudence during its first six years
- Gift Dorothy Makanje, The protection of vulnerable witnesses during criminal trials in Malawi : addressing resource challenges
- Michelle Rufaro Maziwisa & Patricia Lenaghan, Rethinking the right to water in rural Limpopo
- Fatima Khan, Does the right to dignity extend equally to refugees in South Africa?
- Lorette Arendse, Slowly but surely : the substantive approach to the right to basic education of the South African courts post-Juma Musjid
- Yohannes Eneyew Ayalew, Assessing the limitations to freedom of expression on the internet in Ethiopia against the African Charter on Human and Peoples’ Rights
Borlini: The Security Council and Non-State Domestic Actors: Changes in Non-Forcible Measures between International Lawmaking and Peacebuilding
Elaborating on a newly compiled dataset of all Security Council resolutions passed under Chapter VII in the thirty years from 1990 to 2019, this Article is the first attempt to survey aggregated Council practice with a view to analyzing the ways in which the Council’s non-forcible measures have been transformed as a consequence of the growth in importance of non-state actors in international relations. The data demonstrate that the Council has increasingly adopted resolutions that apply and draw in individuals and other non-governmental actors more than what previous studies merely suggest. Related is the second, and more significant, finding of the Article: in light of the aggregate practice analyzed, the Article argues that, by expanding the preventative use of its powers under Chapter VII of the UN Charter, the SC has inserted itself into a new interface between international lawmaking and peacebuilding. It has operated in the context of both conflict prevention and actions on generalized threats, adopting non-forcible measures that not only address the immediate objective of crisis management, but also increasingly engage in mapping out future regulation and structure of governance. Though the further expansion of these developments remains uncertain, the Article also contends that their normative implications are already significant. To mention the most salient: the establishment of direct international duties on armed groups and individuals by the Council; its growing influence on the external articulations of statehood and the internal dynamics of transitions towards peace; the mediated imposition on associations and corporations established under private law of prophylactic obligations; the creation, via its quasi-legislative resolutions, of a completely regulated international sphere where terrorists and proliferators are starved of means and chances to perpetrate attacks.
Wednesday, October 7, 2020
- P. Fois, Sui caratteri dello jus cogens regionale nel diritto dell’Unione Europea
- P. Pustorino, Diritto internazionale e complicità fra Stati: considerazioni sull’elemento soggettivo dell’illecito
- L. Magi, L’obbligo internazionale del comandante di soccorrere i naufraghi e il diritto ad un porto di rifugio
- Note e Commenti
- M. I. Papa, La tutela degli interessi collettivi nell’ordinanza sulle misure provvisorie nel caso Gambia c. Myanmar
- G. Pascale, Programma nucleare iraniano, Consiglio di sicurezza e unilateralismo statunitense
- M. Ferri, Attività di certificazione delle navi svolte da società private su delega di Stati: tra immunità e tutela giurisdizionale delle vittime
From bringing back waterboarding, to violating treaty obligations, to banning Muslims, Donald J. Trump has proposed numerous extralegal policies. We examine the implications of this disdain for legality, arguing that Trump's frequent hostility and indifference to legal rules and institutions paradoxically impede his capacity to enact his promises and damage international law. To situate Trump's legal politics, we draw comparisons with the Bush and Obama administrations. As constructivists note, the vitality of legal norms is dependent not just on one state's actions, but crucially on others’ reactions. While Trump has gone beyond his predecessors in rhetorically attacking international law, the backlash he generates limits the realization of his agenda in part due to his failure to convince others to violate the law or revise legal rules in novel ways. When the administration does reluctantly pursue legal justifications for controversial policies, it is better able to overcome legal constraints and political opposition.
Chornyi & Marhold: In Uncharted Waters: The Contested Legal and Political Landscape of Nord Stream 2
Energy is often at the heart of geopolitical struggle. But even when measured against the standards of the industry, it is hard to find a project as politically charged and controversial as the Nord Stream 2 (NS2) gas pipeline running from Russia to Germany via the Baltic Sea. In this contribution, we unpack several aspects concerning the project and shed light on its crucial legal and political dimensions. We start by providing a brief description of the historical background of the NS2 project. We then turn to its relevant EU and international legal aspects, after which we discuss the recent instances of political and legal contestation surrounding this project, including the US sanctions legislation on NS2, as well as Investor-State Arbitration under the Energy Charter Treaty (ECT) and World Trade Organization (WTO) dispute settlement proceedings. The final section will provide a conclusion based on the insights of our study.
Ioannides: Maritime Claims and Boundary Delimitation: Tensions and Trends in the Eastern Mediterranean Sea
This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation.
Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe.
Tuesday, October 6, 2020
- Scholarly Articles
- Beate Sjåfjell, How Company Law Has Failed Human Rights – and What to Do About It
- Nadia Bernaz & Irene Pietropaoli, Developing a Business and Human Rights Treaty: Lessons from the Deep Seabed
- Mining Regime under the United Nations Convention on the Law of the Sea
- John E. Katsos, Business, Human Rights and Peace: Linking the Academic Conversation
- Upendra Baxi, Nevsun: A Ray of Hope in a Darkening Landscape?
- Developments in the Field
- Salil Tripathi, Companies, COVID-19 and Respect for Human Rights
- Lise Smit, Claire Bright, Irene Pietropaoli, Julianne Hughes-Jennett & Peter Hood, Business Views on Mandatory Human Rights Due Diligence Regulation: A Comparative Analysis of Two Recent Studies
- Jelena Aparac, Business and Armed Non-State Groups: Challenging the Landscape of Corporate (Un)accountability in Armed Conflicts
- Gabriela Quijano, Lithium Might Hold the Key to our Clean Energy Future, but Will this Star Metal Fully Deliver on its Green Potential?
- Marco Simons & MacKennan Graziano, Jam v International Finance Corporation: The US Supreme Court Decision and its Aftermath
- Makbule Sahan, The First International Standard on Violence and Harassment in the World of Work
- Emmanuel Umpula Nkumba, How to Reduce Conflicts Between Mining Companies and Artisanal Miners in the Province of Lualaba: Overcoming the Policy and Systemic Barriers to a Model that Respects Human Rights
The book examines diplomatic immunity and provides a historical analysis of the granting of diplomatic immunity to non-diplomats, based on the perspectives of several states. It features contributions in which experts from four continents and from academia and practice present their views and perspectives.
- Samantha Besson, Sovereign States and their International Institutional Order
- Claudio Corradetti, Hegemony Critique and the Crisis of the European Union
- Chris Thornhill & Carina Rodrigues de Araújo Calabria, Global Constitutionalism and Democracy: the Case of Colombia
- Thaddeus Metz, Popper’s Politics and Law in the Light of African Values
- Cristina Lafont, Defending Democratic Participation Against Shortcuts: a Few Replies to Thomas Christiano
Stephan & Cleveland: The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law
Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade.
The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development.
These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.
Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond.
In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations.
Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
Zhou: No Unilateral Action—WTO Panel Ruled U.S. Section 301 Tariffs on Chinese Imports Inconsistent with WTO Obligations
Monday, October 5, 2020
This is a basic guide for students taking their first steps in international legal research. It mainly deals with thinking about and framing research questions, as well as with issues relating to primary and secondary sources in the research of international law. The guide begins by offering a rough typology of research questions, and then briefly discusses their basic relations with theory and methods. It also offers some suggestions about finding and framing research questions, particularly relevant for students writing their first research papers. The guide then moves to address secondary and primary sources in international legal research. It includes some advice about how to approach international legal scholarship in a world of hegemony and information overflow, and explains how to locate relevant primary sources.
As their work has embraced the most critical challenges confronting the contemporary international world, such as climate change, migration, poverty, global health, human rights, and counterterrorism, international organizations (IOs), and particularly the secretariats that are tasked with operationalizing IO mandates and decisions, have resorted more and more to local authorities as part of their strategy to solve global problems. And as local governments have confronted those same problems, they have sought assistance and influence at the international level, including through the work of international organizations. Though these global challenges have existed for decades, and international organizations have worked on them for just as long, international institutions are increasingly recognizing that cities, as cities, serve an important role in solving transnational problems and that cities and international organizations need to work more together to achieve that end. Cities, empowered by their perceived importance and democratic legitimacy, are asserting themselves more and more internationally, individually and collectively, pushing their policy preferences and demanding a seat at the table. The moves toward promoting localized solutions and implementing urban-IO collaboration are growing, but the state-centered structure of the international system, which does not contemplate interactions between cities and IOs unmediated by states, has impeded, though not prevented, such efforts. This chapter will explore the trends that have led international organizations to focus on cities and those that have led cities to look to international organizations. It will then examine the type of city-centric work that international organizations engage in and the types of contingent connections and alliances that exist between organizations and cities. Finally, it will suggest that a shadow system has emerged that allows cities and international organizations to interact and cooperate, albeit unevenly and circumspectly, within an international framework that was not designed for such relations. Established to solve the conundrum produced by the misalignment of functional need and institutional design, the informal system itself presents challenges and provokes questions that require further research.
Call for Papers: Jurisdiktion - Wer spricht internationales Recht? / Jurisdiction - Who speaks international law?
Sunday, October 4, 2020
- Antônio Augusto Cançado Trindade, Some Reflections on the Forthcoming Centenary of the Statute of the Hague Court (PCIJ and ICJ)
- Giuliana Ziccardi Capaldo, A 'Knowledge-Sharing Dialogue' as a Method to Interpret and Disseminate Global Law: A Pilot Project of Global Judicial Dialogue
- Alex J. Bellamy, When Practice Doesn't Make Perfect: The Responsibility to Protect in Lived Reality
- Joyeeta Gupta & Üsame Ceylan, The Global Environment Outlook and Its Implications for International Law: Is Law Increasingly Falling Behind?
- Helen Keller & Reto Walther, The Bell of Görgülü Cannot Be Unrung-Can It?
- Notes and Comments
- Louis René Beres, Complex Intersections: Law, War and Justice in Defense of Israel
- In Focus: Global Policies and Law
- Leonardo Borlini & Luigi Crema, The Legal Status of Decisions by Human Rights Treaty Bodies: Authoritative Interpretations or mission éducatrice?
- Geoffrey S. Corn & Michael W. Meier, Enhancing Civilian Risk Mitigation by Expanding the Commander's Information Aperture
- Elspeth Guild & Raoul Wieland, The UN Global Compact for Safe, Orderly and Regular Migration: What does it Mean in International Law?
- Ravindra Pratap, The Role of ICJ Procedure in the Emergence and Evolution of Erga Omnes Obligations
- Forum - Jurisprudential Cross-Fertilization: An Annual Overview
- Antônio Augusto Cançado Trindade, The Continuity of Jurisprudential Cross-Fertilization in the Case-Law of International Tribunals in Their Common Mission of Realization of Justice
- Mikkel Jarle Christensen, Caroline Fournet, Astrid Kjeldgaard-Pedersen, Bronik Matwijkiw & Anja Matwijkiw, The Extraordinary Chambers in the Courts of Cambodia: Politics and Ethics in Victim Recognition and Rape Prosecution
- Yoshifumi Tanaka, Reflections on the M/V "Norstar" Case Before the International Tribunal for the Law of the Sea
- Oreste Pollicino, Giovanni De Gregorio, & Laura Somaini, Europe at the Crossroad: The Regulatory Conundrum to Face the Raise and Amplification of False Content in Internet
- Anthony F. Lang, Constructing Universal Values? A Practical Approach
- The United Nations at Seventy-Five: Looking Back to Look Forward
- Margaret P. Karns, Introduction: Looking Back to Look Forward
- David M. Malone & Adam Day, Taking Measure of the UN's Legacy at Seventy-Five
- Ellen J. Ravndal, A Guardian of the UN Charter: The UN Secretary-General at Seventy-Five
- Ramesh Thakur, The United Nations and the North-South Partnership: Connecting the Past to the Future
- Susanna P. Campbell, UN Peacekeeping and Peacebuilding: Progress and Paradox in Local Ownership
- Bertrand Ramcharan, Human Rights in the Seventy-Fifth Year of the UN
- Maria Ivanova, Fighting Fire with a Thermometer? Environmental Efforts of the United Nations
- Devaki Jain, Where the UN Has Failed to Live Up to Its Mission: Looking Back to Look Forward
- Kirsten Haack, Margaret P. Karns, Jean-Pierre Murray, The United Nations at Seventy-Five: Where Are the Women in The United Nations Now?
- Sophie Harman, COVID-19, the UN, and Dispersed Global Health Security
- Jack McDonald, Information, Privacy, and Just War Theory
- Review Essay
- Sarah C. Goff, Freedom and Justice in Trade Governance