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.

Heidar: New Knowledge and Changing Circumstances in the Law of the Sea

Tomas Heidar (Judge, International Tribunal for the Law of the Sea) has published New Knowledge and Changing Circumstances in the Law of the Sea (Brill | Nijhoff 2020). The table of contents is here. Here's the abstract:

During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States.

New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

New Issue: Journal of East Asia and International Law

The latest issue of the Journal of East Asia and International Law (Vol. 12, no. 2, Autumn 2019) is out. Contents include:
  • Issue Focus: Legal Control of Human Activities beyond National Jurisdiction
    • Yong Wang, Reasonable Restrictions on Freedom of High Seas by “Marine Protected Areas on the High Seas”: An Empirical Research
    • Abbas Sheer & Shouping Li, Space Debris: A New Broadway to Address Organizational and Operational Aspects for Removal
  • Article
    • Chaohan Zhang & Luping Zhang, Conflict of Laws in Cross-Strait Air Transport: Issues and Solutions
  • Notes & Comments
    • Deyi Ma, Obligation to Exchange Views under Article 283 of the United Nations Convention on the Law of the Sea: An Empirical Approach for Improvement
    • Young Yoon Park, Regulator-led Resolution in Mass Finance Mis-selling: Implication of the UK PPI Scandal
  • Regional Focus & Controversies: Export Control of Semiconductor Materials
    • Kotaro Shiojiri, Japan’s Measures on Export Control to the Republic of Korea: From the Perspective of International Law (Japan)
    • Soojin Nam & Eric Yong Joong Lee, Who Violated International Law? Critical Analysis of Abe’s Export Restrictions to Korea (Korea)
  • East Asian Observer
    • Farahdilah Ghazali, Wan Izatul Talaat, Ashraf Rahman & Hazmi Rusli, Malaysian Efforts in Combating IUU Fishing: A Legal and Policy Review

Call for Submissions: Cyber Law Toolkit

A call for submissions has been issued for the 2021 update of the Cyber Law Toolkit, an interactive web-based resource on the international law of cyber operations. Here's the call:
Cyber Law Toolkit, the leading interactive web-based resource on the international law of cyber operations, is inviting submissions for its next general update in September 2021. Successful authors will be awarded an honorarium. The Toolkit consists of a growing number of hypothetical scenarios, each of which contains a description of cyber incidents inspired by real-world examples and accompanied by detailed legal analysis. To keep pace with the recent developments in the cyber security domain and remain relevant source for practitioners and scholars alike, the Toolkit is regularly updated. The project team welcomes proposals for new scenarios to be included in the 2021 Toolkit update. This call for submissions is open until 15 November 2020. For more information, see the full text of the call.

New Volume: Australian International Law Journal

The latest volume of the Australian International Law Journal (Vol. 25, 2018) is out. Contents include:
  • Selected papers presented at the ILA 78th Biennial Conference, Sydney, 19-24 August 2018
    • Judith Levine & Ashwita Ambast, Responsibility Rising from the Rubble: Lessons from the Bangladesh Accord for Arbitration of Business and Human Rights Disputes
    • Hannah Lim, Technology and International Law - An Emerging Markets Perspective
    • Marina Kofinan, Investor-State Dispute Settlement - Challenges and Reforms
    • Vincent Cogliati-Bantz, Freedom (?) of the High Seas: Some Preliminary Remarks on a Venerable Old Concept
    • Nicola Pain & Brigitte Rheinberger, The Due Diligence Principle from International to Domestic Law: Applying the Principle in Practice
    • Hitomi Kimura, Role of Non-State Actors in the Paris Agreement and the Development of International Law
    • Tawanda Hondora, Civil Society Oorganisations' Role in the Development of International Law through Strategic Litigation in Challenging Times
    • Agata Kleczkowska, Filling the Gap: The New Regime of Responsibility for Armed Non-State Actors
    • John Southalan, Human Rights for Regulators: Using International Standards to assist in Domestic Regulation
    • Rosa Saladino, Protecting Children from Unintended Effects of Return Orders under the 1980 Hague Convention
    • Luping Zhang, Introduction to the Forums in Resolving International Aviation Disputes
    • Ling Zhu & Xiaojing Li, A Survey of the Jurisdiction Rules in the Unimodal Transport Conventions and their Impact on International Multimodal Transport of Goods Contracts
    • Amy Maguire & Amy Elton, Extending a Collective Human Right to Address a Global Challenge: Self-Determination for Refugees, Asylum Seekers and Stateless Persons

Krcmaric: The Justice Dilemma: Leaders and Exile in an Era of Accountability

Daniel Krcmaric (Northwestern Univ. - Political Science) has published The Justice Dilemma: Leaders and Exile in an Era of Accountability (Cornell Univ. Press 2020). Here’s the abstract:

Abusive leaders are now held accountable for their crimes in a way that was unimaginable just a few decades ago. What are the consequences of this recent push for international justice? In The Justice Dilemma, Daniel Krcmaric explains why the "golden parachute" of exile is no longer an attractive retirement option for oppressive rulers. He argues that this is both a blessing and a curse: leaders culpable for atrocity crimes fight longer civil wars because they lack good exit options, but the threat of international prosecution deters some leaders from committing atrocities in the first place. The Justice Dilemma therefore diagnoses an inherent tension between conflict resolution and atrocity prevention, two of the signature goals of the international community.

Krcmaric also sheds light on several important puzzles in world politics. Why do some rulers choose to fight until they are killed or captured? Why not simply save oneself by going into exile? Why do some civil conflicts last so much longer than others? Why has state-sponsored violence against civilians fallen in recent years?

While exploring these questions, Krcmaric marshals statistical evidence on patterns of exile, civil war duration, and mass atrocity onset. He also reconstructs the decision-making processes of embattled leaders—including Muammar Gaddafi of Libya, Charles Taylor of Liberia, and Blaise Compaoré of Burkina Faso—to show how contemporary international justice both deters atrocities and prolongs conflicts.