This introductory chapter sets the scene for the Research Handbook. It retraces how cities gradually develop into internationally relevant actors, how this development has been first traced in other disciplines and how slow the scholarship of international law has been catching up with this development. This picture has changed in the last ten to fifteen years and the chapter contains a state of the art overview of the extant literature in the growing field of international law research on cities as actors in international law, forming transnational networks and being impacted for example by normative expectations of good urban governance. It articulates how the turn of the city to the international also finds its limits in international law and institutions. The chapter argues that it is time to take a further step in the production of international law scholarship towards better understanding how international law is transformed through the growing role of cities. It combines this call with an introduction to the themes of individual sections and contributions of the Handbook.
Saturday, December 5, 2020
Nijman & Aust: The Emerging Roles of Cities in International Law - Introductory Remarks on Practice, Scholarship and the Handbook
Friday, December 4, 2020
- Matthias Kloth, Die Arbeit des Europarates im Bereich der Bekämpfung von Geldwäsche und Terrorismusfinanzierung
- Pierfrancesco Rossi, Using International Law for Construing Domestic Law: A Study of Consistent Interpretation
- Fabian Simon Eichberger, Die Grenzen der Zulässigkeit des »nationality planning"im Investitionsschutzrecht
- Beiträge und Berichte
- Karin Oellers-Frahm, Italien und die Rettung von Migranten in Seenot: Zweiter Akt
- Alina Prechtl, Qetevan Qistauri, & Robert Uerpmann-Wittzack, Klimamigration an den Grenzen des Individualrechtsschutzes
This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, this book seeks to understand the scope and reach of these issues, nationally, regionally and globally.
Africa’s Role and Contribution to International Criminal Justice engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. A range of topical issues are examined by the contributors, such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how courts function and should function in dealing with these issues. The ideas, themes, institutions, practices, concepts and patterns of convergence of criminal justice systems in Africa are also explored.
This book aims to establish a greater understanding of international criminal justice and its relation to Africa, and beyond. Further, it seeks to expand the conversation beyond the narrow topics that are so commonly discussed when matters of African criminal justice are considered.
- Anne Peters, Heike Krieger & Leonhard Kreuzer, Due diligence: the risky risk management tool in international law
- Fulvia Staiano, Wildlife trafficking under the lens of international law: a threat to the peace or a serious transnational crime?
- Tamar Meshel, Transboundary watercourses, dams and human migration: an international water law perspective
- Godwin Tan & Andrea Chong, The future of environmental counterclaims in ICSID arbitration: challenges, treaties and interpretations
- Christopher P Evans, Creating an Environment for Nuclear Disarmament (CEND): a good faith, effective measure pursuant to Article VI NPT or empty gesturing?
- Joseph Crampin, Treaty withdrawal and recalcitrant States
- Gerry Liston, Enhancing the efficacy of climate change litigation: how to resolve the ‘fair share question’ in the context of international human rights law
- Andrew T Bulovsky, The over- and under-enforcement of anti-corruption law in investment disputes and international development
This book explores how best to recalibrate our understanding of international lawmaking through the lens of increased reporting and legal debate around covert and quasi-covert uses of force. Recent changes in practice and communication call for closer attention to be paid to the requirement of publicity for state practice, since they challenge the perception of the concepts 'public' and 'covert', and thus raise questions as to the impact that covert and quasi-covert acts do and should have on the development of international law. It is argued that, in order to qualify as such practice, acts must be both publicly known and acknowledged. The book further examines how state silence around covert and quasi-covert operations has opened up significant space for legal scholars and other experts to influence the development of international law.
Thursday, December 3, 2020
New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
- Frederik Harhoff, Securing criminal evidence in armed conflicts abroad
- Ka Lok Yip, Separation between jus ad bellum and jus in bello as insulation of results, not scopes, of application
- Mateusz Piątkowski, The markings of military aircraft under the law of aerial warfare
- J Francisco Lobo, The ‘capture or kill’ debate revisited: putting the ‘human’ back in ‘human enhancement of soldiers’
Call for Papers: International Human Rights Courts and Bodies at the Edge of the Climate Tipping Point
Wednesday, December 2, 2020
In recent years, the Department of Justice has shown increased interest in prosecuting entities associated with foreign states for activities including cybercrime, economic espionage, and sanctions violations. It has also sought third-party evidence from foreign state-owned entities in connection with high-profile criminal investigations, including the Mueller investigation. These actions raise fundamental questions about the immunities of foreign states and state-owned entities from U.S. criminal proceedings. This article provides the first comprehensive analysis of—and answer to—these basic questions. In doing so, it upends the widespread but misleading perception that the Foreign Sovereign Immunities Act of 1976 (FSIA) provides the sole basis for exercising jurisdiction over foreign states in every context. The better view is that the FSIA neither authorizes nor prohibits criminal proceedings. Until Congress enacts appropriate legislation, claims to immunity from such proceedings will remain a matter of common law.
The common law of foreign state immunity from criminal proceedings warrants legislative attention. First, Congress can and should make explicit that the FSIA only governs civil proceedings. Second, it should clarify that state-owned enterprises are not entitled to blanket immunity from criminal proceedings simply because they are majority-owned by foreign states. Misapplying the FSIA’s expansive definition of “foreign state” to preclude criminal proceedings can impede the effective investigation and prosecution of foreign corporations whose activities have a significant impact in the United States, and that international law does not necessarily view as entitled to immunity. The default position should be that foreign state-owned companies are subject to the criminal jurisdiction of U.S. courts, at least with respect to their commercial activities.
Das Buch unternimmt den Versuch, ein in sich stimmiges System der Verteilung von Irrtumsrisiken im geltenden ius contra bellum zu entwerfen. Anhand einer systematischen Analyse der völkerrechtlichen Rechtsquellen wird untersucht, wie sich Fehlvorstellungen von Staaten über die tatsächlichen Voraussetzungen friedenssicherungsrechtlicher Erlaubnissätze zum Einsatz von Gewalt auf die Charta-Konformität ihres Handelns auswirken. Betrachtet werden insbesondere Irrtümer bei Selbstverteidigung und bei Maßnahmen des UN-Sicherheitsrates. Dabei werden auch rechtsvergleichende Erkenntnisse aus dem nationalen Straf- und Gefahrenabwehrrecht fruchtbar gemacht. Das Buch richtet sich besonders an völkerrechtlich und rechtsvergleichend interessierte Leser.
The book aims at mapping out how, under the jus contra bellum, the risk of mistake is distributed between the different actors: By systematically analyzing the sources of international law, the author examines to which extent mistakes by states regarding the factual requirements of an exception to the prohibition of force may affect the legality of their action under the UN Charter. The study comprises mistakes both in the context of self-defense and actions by the UN Security Council. It takes into account, from a comparative law perspective, how factual errors are dealt with under national criminal and police law. The book is written especially for readers interested in international and comparative law.
Tuesday, December 1, 2020
- María Stefania Cataleta, Las Cámaras de Especialistas de Kosovo, un nuevo instrumento para el proceso de justicia transicional en Kosovo
- Enzo Finocchiaro, Breve comentario al caso "Prosecutor vs. Bosco Ntaganda"
- Noelia V. Matalone, Los estándares de prueba de los crímenes sexuales en jurisdicciones internacionales
- Milton O. Owuor, La Corte Penal Internacional y la complementariedad positiva
- Global Ungovernance
- Deval Desai & Andrew Lang, Introduction: global un-governance
- Stephen Humphreys, Ungoverning the climate
- Dimitri Van Den Meerssche & Geoff Gordon, ‘A new normative architecture’ – risk and resilience as routines of un-governance
- Christine Bell, ‘It’s law Jim, but not as we know it’: the public law techniques of ungovernance
- Jan Pospisil, The ungovernance of peace: transitional processes in contemporary conflictscapes
- Zinaida Miller, Embedded ambivalence: ungoverning global justice
- Michelle Burgis-Kasthala, States of failure? Ungovernance and the project of state-building in Palestine under the Oslo regime*
- S. Karagiannis, À propos de la liberté de navigation des navires de pêche
- K. Willaert, Forum shopping within the context of deep sea mining : towards sponsoring states of convenience?
- E. Stoppioni, Réflexions néo-gramsciennes sur le discours néolibéral du juge de l’OMC
- V. Tomkiewicz, OMC : l’appel est mort, vive l’appel ?
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2020 (Junior Scholars) (Reminder)
- 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 email@example.com with the subject line: "ILR 2020 Interesting Article/Book Submission"
- Diane Fromage, The Future of EMU Architecture Post-COVID
- Marco Lamandini, David Ramos Muñoz, & Violeta Ruiz Almendral, The EMU and Its Multi-Level Constitutional Structure: The Need for More Imaginative ‘Dialogue’ Among and Across EU and National Institutions
- Paul Dermine, The EU’s Response to the COVID-19 Crisis and the Trajectory of Fiscal Integration in Europe: Between Continuity and Rupture
- Menelaos Markakis, The Reform of the European Stability Mechanism: Process, Substance, and the Pandemic
- Diane Fromage, Towards Increasing Unity and Continuing Executive Predominance Within the E(M)U Post-COVID?
Monday, November 30, 2020
- Special Feature: Asian State Practice in International Law from the Perspective of Third World Approaches to International Law (TWAIL)
- Amritha V. Shenoy, The Centenary of the League of Nations: Colonial India and the Making of International Law
- Thamil Venthan Ananthavinayagan, Breaking Bad Customs: Involving the Idea of Opinio Juris Communis in Asian State Practice
- Ravi Prakash Vyas & Rachit Murarka, Understanding Human Rights from an Eastern Perspective: A Discourse
- Jay Ramasubramanyam, Subcontinental Defiance to the Global Refugee Regime: Global Leadership or Regional Exceptionalism?
- Dwayne Leonardo Fernandes & Devahuti Pathak, Harmonizing UNCITRAL Model Law: A TWAIL Analysis of Cross Border Insolvency Law
- Srinivas Burra, Use of Force as Self Defence against Non-State Actors and TWAIL Considerations: A Critical Analysis of India’s State Practice
- Noel Chow Zher Ming, The “ASEAN Way”: A Sore Thumb for ASEAN Solidarity in the Face of an Ailing Global Trade System?
- National Institute for South China Sea Studies, A Legal Critique of the Award of the Arbitral Tribunal in the Matter of the South China Sea Arbitration
- Yudan Tan, Prosecuting Crimes against Humanity before International Crimes Tribunal in Bangladesh: A Nexus with an Armed Conflict
Wagner: The Democratic Politics of Military Interventions: Political Parties, Contestation, and Decisions to Use Force Abroad
According to a widely shared notion, foreign affairs are exempted from democratic politics, i.e. party-political divisions are overcome-and should be overcome-for the sake of a common national interest. This book shows that this is not the case. Examining votes in the US Congress and several European parliaments, the book demonstrates that contestation over foreign affairs is barely different from contestation over domestic politics. Analyses of a new collection of deployment votes, of party manifestos, and of expert survey data show that political parties differ systematically over foreign policy and military interventions in particular. The left/right divide is the best guide to the pattern of party-political contestation: support is weakest at the far left of the spectrum and increases as one moves along the left/right axis to green, social democratic, liberal and conservative parties; amongst parties of the far right, support is again weaker than amongst parties of the centre. An analysis of parliamentary debates in Canada, Germany, and the United Kingdom about the interventions in Afghanistan and against Daesh in Iraq and Syria shows that political parties also differ systematically in how they frame the use of force abroad. For example, parties on the right tend to frame their country's participation in the US-led missions in terms of national security and national interests whereas parties on the left tend to engage in 'spiral model thinking', i.e. they critically reflect on the unintended consequences of the use of force in fuelling the conflicts with the Taliban and Daesh.
- Arron N. Honniball, Unilateral Trade Measures and the Importance of Defining IUU Fishing: Lessons from the 2019 USA “Concerns” with China as a Fishing Flag State
- Fru Norbert Suh, International Regime Complexity in EU–Africa Relations
- Nitin Agarwala, The Re-Emergence of the Bay of Bengal
- Osatohanmwen Anastasia Eruaga & Maximo Q. Mejia Jr., Regulating the Carriage of Firearms by Private Maritime Security Actors: An Empirical Investigation
- Chris O. Ikporukpo, Boundaries and Natural Resources in the Sea: Oil, Boundary Disputes and the Militarization of the Gulf of Guinea
This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibility for harms in ways that undermine traditional mechanisms for holding wrongdoers accountable. Further, technologies that scholars and practitioners once thought would democratize human rights fact finding have been weaponized by state and non-state actors. They are now used to surveil and track citizens and spread disinformation that undermines public trust in knowledge. Addressing these challenges requires efforts to ensure that the development and implementation of new technologies respects and promotes human rights. Traditional distinctions between public and private must be updated to remain relevant in the face of deeply enmeshed state and corporate action in connection with technological innovation.
- Joslyn N. Barnhart, Robert F. Trager, Elizabeth N. Saunders, & Allan Dafoe, The Suffragist Peace
- Erin R. Graham & Alexandria Serdaru, Power, Control, and the Logic of Substitution in Institutional Design: The Case of International Climate Finance
- Carl Müller-Crepon, Continuity or Change? (In)direct Rule in British and French Colonial Africa
- Vincent Pouliot, Historical Institutionalism Meets Practice Theory: Renewing the Selection Process of the United Nations Secretary-General
- Eelco van der Maat, Genocidal Consolidation: Final Solutions to Elite Rivalry
- Research Notes
- Allison Carnegie & Christoph Mikulaschek, The Promise of Peacekeeping: Protecting Civilians in Civil Wars
- Ann-Sofie Isaksson, Chinese Aid and Local Ethnic Identification
- Daniel Silverman, Too Late to Apologize? Collateral Damage, Post-Harm Compensation, and Insurgent Violence in Iraq
- Joshua A. Schwartz & Christopher W. Blair, Do Women Make More Credible Threats? Gender Stereotypes, Audience Costs, and Crisis Bargaining
Anthropologists have been critical of the global asymmetries of knowledge and power embedded in justice institutions established in the aftermath of violence. Truth commissions and mediation processes may be coopted by states seeking to nation-build and extend their coercive and normative capacity in local communities. International criminal courts may impose an alien version of justice that disrupts national politics and a peace process, and they often misapprehend the causes of mass crimes because they employ a form of legal inquiry that is far removed from local historical contexts. Litigation against companies for complicity in crimes against humanity may raise survivors’ expectations, only to dash them when states refuse to recognize universal jurisdiction. Even when legal recourse is not successful, new social movements focused on accountability, reparations, and legal remedy can emerge that engender new forms of sociality and political subjectivity. Anthropological investigations into transitional justice reveal a complex process in which survivors can recover an emancipatory political agency, and anthropologists testifying as experts often influence outcomes more than anticipated.
Rieter & Zwaan: Urgency and Human Rights - The Protective Potential and Legitimacy of Interim Measures
This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases.
This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use.
Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases.
There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect.
- Nasrallah v. Barr (U.S. Sup. Ct.), with introductory note by Philip C. Aka
- GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC (U.S. Sup. Ct.), with introductory note by Steven Skulnik
- Inter-State Communication Submitted by the State of Palestine against State of Israel (U.N. Comm'n on the Elimination of Racial Discrimination), with introductory note by Gay McDougall
- Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.), with introductory note by Christina M. Cerna
- Guillaume Kigbafori Soro and Others v. Rep. of Côte d'Ivoire (Afr. Ct. H.P.R.), with introductory note by Marie Joseph Ayissi
- R v. Reeves Taylor (U.K. Sup. Ct.), with introductory note by Marguerite C. Walter
- Human Rights Committee’s decision on the case Ieoane Teitiota v New Zealand: Landmark or will-o’-the-wisp for climate refugees?
- Introduced by Gabriella Citroni
- Vernon Rive, Is an enhanced non-refoulement regime under the ICCPR the answer to climate change-related human mobility challenges in the Pacific? Reflections on Teitiota v New Zealand in the Human Rights Committee
- Simon Behrman & Avidan Kent, The Teitiota Case and the limitations of the human rights framework
Sunday, November 29, 2020
This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.
Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue.
Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.
- Michal Onderco, Collaboration Networks in Conference Diplomacy: The Case of the Nonproliferation Regime
- Charlotta Friedner Parrat, Change in International Society: How Not to Recreate the “First Debate” of International Relations
- Milton L Mueller, Against Sovereignty in Cyberspace
- Holly L Guthrey, Microlevel Security after Armed Conflict: A New Framework for Analyzing Risks and Benefits of Peacebuilding Processes
- Maiken Gelardi, Moving Global IR Forward—A Road Map
- Jonathan Kent, Kelsey P Norman, & Katherine H Tennis, Changing Motivations or Capabilities? Migration Deterrence in the Global Context
- Dylan M H Loh, Institutional Habitus, State identity, and China's Ministry of Foreign Affairs
- Rakhyun E Kim, Is Global Governance Fragmented, Polycentric, or Complex? The State of the Art of the Network Approach
- Amal Jamal, Ontological Counter-securitization in Asymmetric Power Relations: Lessons from Israel
- Brieg Powel, Blinkered Learning, Blinkered Theory: How Histories in Textbooks Parochialize IR
- Stuart Macdonald & Nuria Lorenzo-Dus, Intentional and Performative Persuasion: The Linguistic Basis for Criminalizing the (Direct and Indirect) Encouragement of Terrorism
- Richard Nobles & David Schiff, The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices
- Simon Ruel, The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience
- Billy Holmes, Secretive Symbolism? The Death Penalty, Executions, and Japan
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.