International Organizations play a pivotal role on the modern global stage and have done, this book argues, since the beginning of the 20th century. This volume offers the first historical exploration into the formative years of international public administrations, covering the birth of the League of Nations and the emergence of the second generation that still shape international politics today such as the UN, NATO and OECD.
Centring on Europe, where the multilaterization of international relations played out more intensely in the mid-20th century than in other parts of the world, it demonstrates a broad range of historiographical and methodological approaches to institutions in international history. The book argues that after several 'turns' (cultural, linguistic, material, transnational), international history is now better equipped to restate its core questions of policy and power with a view to their institutional dimensions. Making use of new approaches in the field, this book develops an understanding of the specific powers and roles of IO-administrations by delving into their institutional make-up.
Saturday, November 14, 2020
Gram-Skjoldager, Ikonomou, & Kahlert: Organizing the 20th-Century World: International Organizations and the Emergence of International Public Administration, 1920-1960s
In this chapter I push concerns about the relationship between being ‘out of place’ and ‘in place’ in socio-legal research. My primary preoccupation is with the disciplining function of such categories, and in particular with the implications of assuming that one can ever be ‘in place’ – a stable ‘in-placeness’ from which an ‘out-of-placeness’ can be then judged. I am particularly concerned with this configuration because of its relation to my field of legal studies, international law.
- Patricia Schneider, When Protest Goes to Sea: Theorizing Maritime Violence by Applying Social Movement Theory to Terrorism and Piracy in the Cases of Nigeria and Somalia
- Yurika Ishii, Relevant Coasts and Relevant Area in the Maritime Delimitation of the EEZ and Continental Shelf
- Alexandre Pereira da Silva, From Rocks to an Archipelago: The Brazilian Interpretation and Application of Article 121 of the United Nations Convention on the Law of the Sea With Respect to the St. Peter and St. Paul Insular Features
- Huaigao Qi, Maritime Delimitation Between China and North Korea in the North Yellow Sea
Grazie alla sua duttilità tipologica e funzionale, la confisca è congeniale a un’incisiva azione internazionale di contrasto a gravi attività criminali, spesso a connotazione transnazionale e, in particolar modo, a quelle orientate al profitto. Dopo aver ricostruito il regime giuridico delle eterogenee misure di confisca previste in un numero crescente di accordi e atti internazionali, l’autore esamina la pertinente giurisprudenza internazionale e si chiede se la concreta attuazione di tali provvedimenti ablativi risulti conforme ai diritti umani garantiti da norme di diritto internazionale consuetudinario e convenzionale.
Friday, November 13, 2020
- Special Issue: No Significant Harm in International Water Law
- Susanne Schmeier & Joyeeta Gupta, The principle of no significant harm in international water law
- Owen McIntyre, The current state of development of the no significant harm principle: How far have we come?
- Attila M. Tanzi, The inter-relationship between no harm, equitable and reasonable utilisation and cooperation under international water law
- Mara Tignino & Christian Bréthaut, The role of international case law in implementing the obligation not to cause significant harm
- Ruby Moynihan & Bjørn-Oliver Magsig, The role of international regimes and courts in clarifying prevention of harm in freshwater and marine environmental protection
- Alistair Rieu-Clarke, The duty to take appropriate measures to prevent significant transboundary harm and private companies: insights from transboundary hydropower projects
- Susanne Schmeier, Prior notification of planned measures: A response to the no-harm dilemma?
- Otto Spijkers, The no significant harm principle and the human right to water
- Dinara Ziganshina & Barbara Janusz-Pawletta, The principle of no significant harm in the Central Asian context
- Joyeeta Gupta & Susanne Schmeier, Future proofing the principle of no significant harm
- Jinghan Zeng, Artificial intelligence and China's authoritarian governance
- Selina Ho, Infrastructure and Chinese power
- Hoo Tiang Boon & Hannah Elyse Sworn, Strategic ambiguity and the Trumpian approach to China–Taiwan relations
- Rory Miller & Sarah Cardaun, Multinational security coalitions and the limits of middle power activism in the Middle East: the Saudi case
- Alice Hills, The dynamics of prototypical police forces: lessons from two Somali cities
- Stephen McLoughlin, The role of political leaders in mitigating the risk of mass atrocities: an analysis of Khama, Kaunda and Nyerere
- Rebecca Tapscott, Militarized masculinity and the paradox of restraint: mechanisms of social control under modern authoritarianism
- Nina Wilén, Female peacekeepers’ added burden
- Sarina Theys & Katharina Rietig, The influence of small states: how Bhutan succeeds in influencing global sustainability governance
- Morena Skalamera, The 2020 oil price dive in a carbon-constrained era: strategies for energy exporters in central Asia
- Columba Achilleos-Sarll, ‘Seeing’ the Women, Peace and Security agenda: visual (re)productions of WPS in UK government national action plans
Thursday, November 12, 2020
International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.
Borlini: On Financial Nationalism and International Law: Sovereignty, Cooperation and Hard/Soft Governance in International Finance
The prevailing view among legal scholars over the last decade is that international financial collaboration is a resolutely cooperative venture that cannot be reduced to the interests or relative power of individual states. Moving along this line, the book under review shows that the protection of financial nationalism contributes to the creation of global systemic risks. In this review essay, I discuss the three overarching themes addressed in the book – namely, the logic of financial nationalism, the role of soft and hard law in the international governance of finance and the related problem of compliance. International financial law is still emerging as a discipline and the issues under discussion are at the heart of the ongoing debate about how to devise adequate international structures and international norms to govern markets and control systemic risks in finance. Proceeding from a critical approach to the international law of finance, I analyse the book’s focus on financial nationalism and the limits of its juxtaposition with the economic logic of externalities; the case for strengthened formalization; and, finally, the extent to which the theoretical framework proposed in the book is relevant for rethinking the logic and prospect of compliance in international finance.
- Special Issue: The Judicial Power of Africa's Supranational Courts
- Johannes Hendrik Fahner, The Judicial Power of Africa's Supranational Courts: Introduction
- Séverine Menetrey, La juridictionnalisation du droit dans les espaces sous-régionaux en Afrique
- Apollin Koagne Zouapet, Le champ opératoire de l'activisme judiciaire supranational en Afrique. Une tentative de systématisation
- Misha Ariana Plagis, The Makings of Remedies: The (R)evolution of the African Court on Human and Peoples’ Rights' Remedies Regime in Fair Trial Cases
- Mamadou Bakaye Dembele, La condamnation du Mali par la Cour africaine des droits de l'homme, vers une ultime relecture du code des personnes et de la famille
- Kehinde Ibrahim, The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice
- Francesca Mussi, From the Campbell Case to a Recent Ruling of the Constitutional Court of South Africa: Is There Any Hope to Revive the Tribunal of the Southern African Development Community?
- Olabisi D. Akinkugbe, Dispute Settlement under the African Continental Free Trade Area Agreement: A Preliminary Assessment
- Patrik Fridlund, Post-truth Politics, Performatives and the Force
- Kriszta Kovács, Parliamentary Democracy by Default: Applying the European Convention on Human Rights to Presidential Elections and Referendums
- Maurits Helmich, Spain, Catalonia, and the Supposed Authority of the Judiciary
- Matteo Mandarini, The Vicissitudes of Representation
Wednesday, November 11, 2020
In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.
- Antony Anghie, Welcoming the TWAIL Review
- TWAILR Editorial Collective, A Journal for a Community
- Karin Mickelson, Hope in a TWAIL Register
- James Gathii, Africa and the Radical Origins of the Right to Development
- Rajshree Chandra, The “Moral Economy” of Cosmopolitan Commons
- Fabia Fernandes Carvalho Veçoso, Resisting Intervention through Sovereign Debt: A Redescription of the Drago Doctrine
- Paulo Ilich Bacca, The Double Bind and the Reverse Side of the International Legal Order: Talking with Silvia Rivera Cusicanqui and El Colectivo
- Ali Hammoudi, The International Law of Informal Empire and the “Question of Oman”
- Hailegabriel G. Feyissa, Non-European Imperialism and Europeanisation of Law: Complexities of Legal Codification in Imperial Ethiopia
- Carsten Stahn, Reckoning with colonial injustice: International law as culprit and as remedy?
- LJIL Lecture 2019
- Karen J. Alter, Visions of International Law: An Interdisciplinary Retrospective
- International Legal Theory
- Rosemary Byrne, Gregor Noll, & Jens Vedsted-Hansen, Understanding the Crisis of Refugee Law: Legal Scholarship and the EU Asylum System
- Ulf Linderfalk, The Legal Consequences of Jus Cogens and the Individuation of Norms
- Philipp Kastner & Elisabeth Roy Trudel, Unsettling International Law and Peace-Making: An Encounter with Queer Theory
- International Law and Practice
- Maiko Meguro, Litigating Climate Change through International Law: Obligations Strategy and Rights Strategy
- Bartłomiej Sierzputowsk, Public International Law in the Context of Post-German Cultural Property Held Within Poland’s Borders. A Complicated Situation or Simply a Resolution?
- International Criminal Courts and Tribunals: Symposium on Resilience and the Impacts of Hybrid Courts
- Kirsten Ainley & Mark Kersten, Resilience and the Impacts of Hybrid Courts
- Caitlin McCaffrie, An Educational Legacy: Exploring the Links Between Education and Resilience at the ECCC
- Aaron Fichtelberg, Identity Politics and Hybrid Tribunals
- Eric Wiebelhaus-Brahm, The Concept of Resilience and the Evaluation of Hybrid Courts
- Michail Vagias, Hybrid Court Resilience and the Selection of Cases
Tuesday, November 10, 2020
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Nathan A. Kurz charts the fraught relationship between Jewish internationalism and international rights protection in the second half of the twentieth century. For nearly a century, Jewish lawyers and advocacy groups in Western Europe and the United States had pioneered forms of international rights protection, tying the defense of Jews to norms and rules that aspired to curb the worst behavior of rapacious nation-states. In the wake of the Holocaust and the creation of the State of Israel, however, Jewish activists discovered they could no longer promote the same norms, laws and innovations without fear they could soon apply to the Jewish state. Using previously unexamined sources, Nathan Kurz examines the transformation of Jewish internationalism from an effort to constrain the power of nation-states to one focused on cementing Israel's legitimacy and its status as a haven for refugees from across the Jewish diaspora.
Zorzi Giustiniani: WHO’s to blame for the coronavirus pandemic? A tentative assessment of WHO’s role in the crisis
This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. It introduces international justice and courtroom trials in practical terms, offering a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
For most of its history, the United States avoided making political and military commitments that would entangle it in European-style power politics. Then, suddenly, it conceived a new role for itself as the world’s armed superpower—and never looked back. In Tomorrow, the World, Stephen Wertheim traces America’s transformation to the crucible of World War II, especially in the months prior to the attack on Pearl Harbor. As the Nazis conquered France, the architects of the nation’s new foreign policy came to believe that the United States ought to achieve primacy in international affairs forevermore.
Scholars have struggled to explain the decision to pursue global supremacy. Some deny that American elites made a willing choice, casting the United States as a reluctant power that sloughed off “isolationism” only after all potential competitors lay in ruins. Others contend that the United States had always coveted global dominance and realized its ambition at the first opportunity. Both views are wrong. As late as 1940, the small coterie of officials and experts who composed the U.S. foreign policy class either wanted British preeminence in global affairs to continue or hoped that no power would dominate. The war, however, swept away their assumptions, leading them to conclude that the United States should extend its form of law and order across the globe and back it at gunpoint. Wertheim argues that no one favored “isolationism”—a term introduced by advocates of armed supremacy in order to turn their own cause into the definition of a new “internationalism.”
We now live, Wertheim warns, in the world that these men created. A sophisticated and impassioned narrative that questions the wisdom of U.S. supremacy, Tomorrow, the World reveals the intellectual path that brought us to today’s global entanglements and endless wars.
Monday, November 9, 2020
Prodromou: The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes is a trailblazer book that analyses on a stand-alone as well as on a comparative basis – from a substantive and also from a procedural perspective – the public order exception’s application in international dispute resolution. Parties to international disputes increasingly invoke the need to protect the domestic public order in order to justify actions otherwise in breach of their obligations under international law. The term ‘public order’ nevertheless remains unclear as do the criteria and factors against which different international dispute bodies assess the parties’ respective claims. This unique book presents, systematizes and synthesizes all relevant jurisprudence in this field of law, identifies points of controversy and provides practical insights on the factors and grounds that are determinate in both upholding and dismissing the exception’s application.
In September 2015, world leaders adopted the 2030 Agenda for Sustainable Development. The Sustainable Development Goals (SDGs) represent a distinctive approach to development that moves away from a narrow perspective on economic development to an integrative agenda that simultaneously pursues ecological, social and economic goals. Trade and foreign investment are important economic vectors through which many of these goals can be achieved. Much depends, however, on whether and how SDGs are incorporated in international trade and investment agreements, and in private or public sector initiatives. Policymakers are also confronted with the interdependence of the SDGs which raises difficult trade-offs between various Goals. The contributions in this book explore the penetration and trade-offs of the SDGs, drawing on a multi-disciplinary approach incorporating insights from economists, lawyers and political scientists. The book offers a valuable guide for scholars and policy makers in identifying and evaluating the complex challenges related to sustainable development.
- Security Studies in a New Era of Maritime Competition
- Jonathan D. Caverley & Peter Dombrowski, Too Important to Be Left to the Admirals: The Need to Study Maritime Great-Power Competition
- Erik Gartzke & Jon R. Lindsay, The Influence of Sea Power on Politics: Domain- and Platform-Specific Attributes of Material Capabilities
- Sara McLaughlin Mitchell, Clashes at Sea: Explaining the Onset, Militarization, and Resolution of Diplomatic Maritime Claims
- Jonathan D. Caverley & Peter Dombrowski, Cruising for a Bruising: Maritime Competition in an Anti-Access Age
- Paul van Hooft, All-In or All-Out: Why Insularity Pushes and Pulls American Grand Strategy to Extremes
- Fiona S. Cunningham, The Maritime Rung on the Escalation Ladder: Naval Blockades in a US-China Conflict
- Evan Braden Montgomery, Primacy and Punishment: US Grand Strategy, Maritime Power, and Military Options to Manage Decline
The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2020 (Junior Scholars)
- One submission per person
- The submission may recommend both an article and a book, but not more than one article and not more than one book
- The article/book must pertain to international law, though it need not have been written by a lawyer
- The article/book must have been published in the year 2020
- Include the article/book title and an internet link to the publication
- The article/book may be in any language, but the submission recommending the article/book must be in English
- Include an explanation for your choice, but not more than two paragraphs per article/book
- Self-nominations will not be accepted
- Deadline: December 7, 2020, 5:00pm Eastern Time
- Not all submissions will be posted on the ILR blog
- By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
- Successful submissions will be posted the week of December 14, 2020
- Include your name, current position, and current affiliation with your submission
- Submissions should be emailed to firstname.lastname@example.org with the subject line: "ILR 2020 Interesting Article/Book Submission"
- Frederick M Abbott & Jerome H Reichman, Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic
- Amrita Bahri, Women at the Frontline of COVID-19: Can Gender Mainstreaming in Free Trade Agreements Help?
- Heng Wang, Selective Reshaping: China’s Paradigm Shift in International Economic Governance
- Gregory Shaffer & Henry Gao, A New Chinese Economic Order?
- Ru Ding, Interface 2.0 in Rules on State-Owned Enterprises: A Comparative Institutional Approach
- Bin Gu, MCDF: A New Beacon of Multilateralism in Development Finance
- Joachim Åhman, Facts, Evidence and the Burden of Proof in the World Bank Group Sanctions System
- Bernard M Hoekman & Petros C Mavroidis, To AB or Not to AB? Dispute Settlement in WTO Reform
- Gabriele Gagliani, Cybersecurity, Technological Neutrality, and International Trade Law
- Céline Braumann, Taxes and Custom: Tax Treaties as Evidence for Customary International Law
- Anupam Chander, Is Data Localization a Solution for Schrems II?
Sunday, November 8, 2020
There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close that gap in the knowledge concerning the role and function of the Court of Justice of the European (CJEU) outside its own borders in selected countries. Scholars from Armenia, Azerbaijan, Georgia, Israel, Jordan, Russia, Switzerland, Tunisia, Turkey, Ukraine and the Eurasian Economic Union have researched and explored how their respective countries have been influenced by the CJEU. This title looks at 'why' along with 'how' these decisions have been utilized. All of this culminates in an effort to be able to rank the degree to which the CJEU is influencing non-EU jurisdictions according to a common scale.
Looking across the selected countries, this title analyses the research provided by the scholars. This includes a brief description of the relationship and agreements between the EU and the country, a concise history of the country's judiciary, a full account of the extent to which the country's courts have cited CJEU judgements, and an analysis of that extent and the impact they have had. Other factors are explored as well, such as countries who want to join the EU might aim for more legal harmonization between them and the EU. These metrics are used to compare across the neighbourhood countries and draw conclusions about CJEU influence and impact outside of the EU.
This comprehensive edited collection is an in-depth look at the actual impact of the CJEU in neighbourhood countries, providing crucial information in an overlooked field of EU law.