- Sarah P. Nimigan, Africa and the International Criminal Court: (Re)constructing the Narrative
- Riccardo Vecellio Segate, Cognitive Bias, Privacy Rights, and Digital Evidence in International Criminal Proceedings: Demystifying the Double-Edged ai Revolution
- Mark Drumbl & Solange Mouthaan, ‘A Hussy Who Rode on Horseback in Sexy Underwear in Front of the Prisoners’: the Trials of Buchenwald’s Ilse Koch
- Alessandra Cuppini, A Restorative Response to Victims in Proceedings before the International Criminal Court: Reality or Chimaera?
- Shakeel Ahmad, India’s Anti-Satellite Test: from the Perspective of International Space Law and the Law of Armed Conflict
- Avdylkader Mucaj, The Kosovo Specialist Chambers and Specialist Prosecutor’s Office Paradox
Wednesday, May 12, 2021
Tuesday, May 11, 2021
- David A Lake, The organizational ecology of global governance
- Heather Ba, Hegemonic instability: complex interdependence and the dynamics of financial crisis in the contemporary international system
- Daniel Mügge & Lukas Linsi, The national accounting paradox: how statistical norms corrode international economic data
- Syed Javed Maswood, Origins and consequences of economic globalization: moving beyond a flawed orthodoxy
- Sebastian Hellmeier, How foreign pressure affects mass mobilization in favor of authoritarian regimes
- Nicolas Blarel & Niels Van Willigen, How do regional parties influence foreign policy? Insights from multilevel coalitional bargaining in India
- Jana Lipps, Intertwined parliamentary arenas: Why parliamentarians attend international parliamentary institutions
- Michal Ben-Josef Hirsch & Jennifer M. Dixon, Conceptualizing and assessing norm strength in International Relations
- Tom Buitelaar & Gisela Hirschmann, Criminal accountability at what cost? Norm conflict, UN peace operations and the International Criminal Court
- Isak Svensson & Daniel Finnbogason, Confronting the caliphate? Explaining civil resistance in jihadist proto-states
- Simone Dietrich, Heidi Hardt, & Haley J. Swedlund, How to make elite experiments work in International Relations
- Soetkin Verhaegen, Jan Aart Scholte, & Jonas Tallberg, Explaining elite perceptions of legitimacy in global governance
Monday, May 10, 2021
Symposium: Reparations under International Law for Enslavement of African Persons in the Americas and the Caribbean
Call for Papers: The European Social Charter Turns 60: Advancing Economic and Social Rights across Jurisdictions
Vaccaro-Incisa: China's Treaty Policy and Practice in International Investment Law and Arbitration: A Comparative and Analytical Study
In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
Sunday, May 9, 2021
- Yuna Han, Katharine M. Millar, & Martin J. Bayly, COVID-19 as a Mass Death Event
- Sea Young Kim & Leif-Eric Easley, The Neglected North Korean Crisis: Women's Rights
- Roundtable: Ethics and the Future of the Global Food System
- Madison Powers, Introduction: Ethics and the Future of the Global Food System
- Paul B. Thompson, Food System Transformation and the Role of Gene Technology: An Ethical Analysis
- Yashar Saghai, Subversive Future Seeks Like-Minded Model: On the Mismatch between Visions of Food Sovereignty Futures and Quantified Scenarios of Global Food Futures
- Anne Barnhill & Jessica Fanzo, Nourishing Humanity without Destroying the Planet
- Mark Budolfson, Arguments for Well-Regulated Capitalism, and Implications for Global Ethics, Food, Environment, Climate Change, and Beyond
- Madison Powers, Food and the Global Political Economy
- Christopher Kutz, Resources for the People—but Who Are the People? Mistaken Nationalism in Resource Sovereignty
- Review Essay
- Adam Henschke, Rethinking the Nature of States and Political Violence
- Chris Wiersma, The ‘Disobedience’ of Journalists at Public Assemblies: An Analytical Critique of the ECtHR's Case Law from a Media Freedom Perspective
- Rosemary Mwanza, Toxic Spaces, Community Voices, and the Promise of Environmental Human Rights: Lessons on the Owino Uhuru Pollution Incident in Kenya
- Magnus Lundgren, Mark Klamberg, Karin Sundström & Julia Dahlqvist, Emergency Powers in Response to COVID-19: Policy Diffusion, Democracy, and Preparedness
- Fredrik Portin, Should You Talk to Nazis? The Political Philosophy of Bruno Latour and the Controversy Surrounding the 2016–2017 Gothenburg Book Fair
- Pamela K. Bookman, Arbitral Courts
- Chimène I. Keitner, Prosecuting Foreign States
- Yahli Shereshevsky, Are All Soldiers Created Equal? – On the Equal Application of the Law to Enhanced Soldiers
Friday, May 7, 2021
- Tarald Laudal Berge & Axel Berger, Do Investor-State Dispute Settlement Cases Influence Domestic Environmental Regulation? The Role of Respondent State Bureaucratic Capacity
- Gregor Maučec, Law Development by the International Criminal Court as a Way to Enhance the Protection of Minorities—the Case for Intersectional Consideration of Mass Atrocities
- Tae Jung Park, The Uses and Advantages of Side Letters in the Investment Chapters in Preferential Trade Agreements
- Solon Solomon, Quasi-judicial Bodies and the Establishment of Standards and Principles for Assessing Mental Harm Sustained by Civilians Exposed to Hostilities
- Current Developments
- Manjiao Chi & Zongyao Li, Administrative Review Provisions in Chinese Investment Treaties: ‘Gilding the Lily’?
- Luping Zhang, How Are Disputes Resolved under Bilateral Air Services Agreements? A Typology
The law on the protection of foreign investments is situated at the crossroads of international law and diplomacy in the context of a globalized economy. It is therefore not surprising that investment law has undergone fundamental changes in the last decade. The exponential growth of arbitration cases has illustrated a number of complex legal and political issues that have called into question the efficiency and legitimacy of investor State dispute settlement (ISDS). Thus, even for experts in the field it is challenging to keep track with the rapid and fundamental changes of what is often described as one of the most dynamic fields of international law.
Against this background, the present volume provides an ‘Evolution, Evaluation, and Future Developments in International Investment Law’. World leading academics and practitioners shed light on the most important developments such as the evolution of investment law and its relationship to general international law, the practical importance of State contracts, the role of investment protection in the age of climate change, and current reform projects under the auspices of ICSID and UNCITRAL.
- Elies van Sliedregt, One rule for Them - Selectivity in international criminal law
- International Legal Theory
- Zhuo Liang, Chinese perspectives on the ad bellum/in bello relationship and a cultural critique of the ad bellum/in bello separation in international humanitarian law
- Salvatore Caserta, Western centrism, contemporary international law, and international courts
- International Law and Practice
- Richard Mackenzie-Gray Scott, Due diligence as a secondary rule of general international law
- Josef Ostřanský & Facundo Pérez Aznar, Investment treaties and national governance in India: Rearrangements, empowerment, and discipline
- Ulrike Will & Cornelia Manger-Nestler, Fairness, equity, and justice in the Paris Agreement: Terms and operationalization of differentiation
- Niels Petersen, The implicit taxonomy of the equality jurisprudence of the UN Human Rights Committee
- David McKeever, Revisiting Security Council action on terrorism: New threats; (a lot of) new law; same old problems?
- Snjólaug Árnadóttir, Fluctuating boundaries in a changing marine environment
- International Criminal Courts and Tribunals
- Nikola R. Hajdin, The actus reus of the crime of aggression
- International Court of Justice
- Priya Urs, Obligations erga omnes and the question of standing before the International Court of Justice
Thursday, May 6, 2021
Wednesday, May 5, 2021
Tuesday, May 4, 2021
Call for Papers: International Courts versus Compliance Mechanisms: Comparative advantages of non-compliance mechanisms and complaint procedures
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Why are constitutionalist ideals so prominent in science fiction? Does Independence Day depict self-defence as a legal concept with absolute limits? Is international law lost in space? This innovative interdisciplinary volume represents the first exploration of the relationship between international law and cinema. From Star Wars to Werner Herzog, The Godfather to The West Wing, this book uncovers a diverse range of representations of international law and its norms in film and television. Examining the wider links between international law, cinema, and ideology, the contributions not only examine visual representations of international law, but they offer an essential insight into the functions fulfilled by these cinematic representations. Providing an extraordinary introduction to a variety of perspectives on core international legal questions, Cinematic perspectives on international law extends a valuable methodology by which international lawyers can critique the depiction of international law in film.
Monday, May 3, 2021
- Anne Peters, The Importance of Having Rights
- In Focus: Relaunch of the ZaöRV/HJIL as an Open Access Journal
- Raffaela Kunz, Opening Access, Closing the Knowledge Gap? Analysing GC No. 25 on the Right to Science and Its Implications for the Global Science System in the Digital Age
- Koen Lenaerts, José A. Gutiérrez-Fons, & Stanislas Adam, Exploring the Autonomy of the European Union Legal Order
- Armin von Bogdandy & Pedro A. Villarreal, The Role of International Law in Vaccinating Against COVID-19: Appraising the COVAX Initiative
- Erin Pobjie, COVID-19 and the Scope of the UN Security Council’s Mandate to Address Non-Traditional Threats to International Peace and Security
- Angelo Jr Golia, Laura Hering, Carolyn Moser, & Tom Sparks, Constitutions and Contagion – European Constitutional Systems and the COVID-19 Pandemic
- Fabian Simon Eichberger, Give a Court an Inch and It Will Take a Yard? The Exercise of Jurisdiction over Incidental Issues
Sunday, May 2, 2021
Marketing Global Justice is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.
- In Memoriam
- Jean-Pierre Queneudec, Jacques Dehaussy (1924 – 2021)
- Jean-Denis Mouton & Batyah Sierpinski, Jean Charpentier (1928-2020)
- Serge Sur, Le traité international, entre bouquet d’actes unilatéraux et fait juridique international
- Leonardo Borlini & Robert Kolb, Le Conseil de sécurité des Nations Unies et les entités non étatiques
- M. Hamad, L’immunité juridictionnelle de l’État étranger : la Cour de cassation égyptienne/France 2020
- T. Georgopoulos, Constitution économique : un concept de droit comparé au service de l’intégration européenne
- M.K. Ndassa Chouarupouo, À la recherche du critère d’objectivation du licenciement pour motif personnel en droit du travail camerounais
Barnes & Long: Frontiers in International Environmental Law: Oceans and Climate Challenges: Essays in Honour of David Freestone
Frontiers in International Environmental Law explores how law and legal scholarship has responded to some of the most important oceans and climate governance challenges of our time. Using the concept of the frontier, each contributor provides a unique perspective on the way that we can understand and can shape the development of law and legal institutions to better protect our marine environment and climate system, and reduce conflicts in areas of legal uncertainty. The authors show how different actors influence legal development, and how legal transitions occur in marine spaces and how change influences existing legal regimes. They also consider how change creates risks for the protection of vulnerable environment, but also opportunities for creative thinking and better ways of governing our environment.
- Should I stay or should I go? The effects of denunciation of the American Convention and the Inter-American Court of Human Rights’ Advisory Opinion 26/2020
- Introduced by Lucas Lima
- Lucas Lixinski, The ‘collective guarantee’ of international human rights: Creating, reinforcing, and undoing legitimacies and mandates between law and politics
- Cecilia M. Bailliet, The political question of human rights. Dissent by judge Raúl Zaffaroni in OC-26/20
- Laurence Burgorgue-Larsen, Interpreting Articles 78 of the ACHR & 143 of the OAS Charter. Is there something special when the IACtHR comes to interpret “procedural clauses”?
- Maame A. S. Mensa-Bonsu, Why Electoral Reforms are Urgently Needed in Ghana
- Justice Srem-Sai, Committing Ghana to International Agreements: A Review of the Roles of Parliament and the President
- Eti Best Herbert, Application of Electricity Federalism in Nigeria: Drawing Inspiration from America
- Zakariya Mustapha, Sherin Kunhibava & Aishath Muneeza, Judicial Challenges Facing the Islamic Finance Industry of Nigeria
- Sileshi B. Hirko, The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective
- Carol Chi Ngang, Self-Determination and the Southern Cameroons’ Quest for Sovereign Statehood
- Oyeniyi Ajigboye & Ifeoluwa A. Olubiyi, Impact of TRIPs Agreement on Access to Immunosuppressant Drugs: Another Challenge in Kidney Transplantation and Treatment in Developing Countries
- Rachel Sloth-Nielsen, September v. Subramoney and its Implications for Transgender Persons in South Africa
Thursday, April 29, 2021
- Special Issue: Economic Statecraft and Global Trade in the 21st Century
- Vinod K. Aggarwal & Andrew W. Reddie, Economic Statecraft in the 21st Century: Implications for the Future of the Global Trade Regime
- Linda Weiss, Re-emergence of Great Power Conflict and US Economic Statecraft
- Seung-Youn Oh, China's Race to the Top: Regional and Global Implications of China's Industrial Policy
- Kristi Govella, The Adaptation of Japanese Economic Statecraft: Trade, Aid, and Technology
- Amitendu Palit, Will India's Disengaging Trade Policy Restrict It from Playing a Greater Global Role?
- Simon J. Evenett, Economic Statecraft: Is There a Sub-National Dimension? Evidence from United States–China Rivalry
- Mark A. Cohen & Philip C. Rogers, When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property in a Changing Trade Environment
- Editorial: Peer Review – Institutional Hypocrisy and Author Ambivalence; EJIL Roll of Honour; 2020 EJIL Peer Reviewer Prize; Letters to the Editors – A Note from EJIL and I•CON; Legal/Illegal; 10 Good Reads; In This Issue; A Bumper Review Section
- Afterword: The Guiding Principles on Shared Responsibility in International Law and Its Critics
- B. S. Chimni, The Articles on State Responsibility and the Guiding Principles of Shared Responsibility: A TWAIL Perspective
- Lorenzo Gasbarri, On the Benefit of Reinventing the Wheel: The Notion of a Single Internationally Wrongful Act
- Vladyslav Lanovoy, The Guiding Principles on Shared Responsibility in International Law: Too Much or Too Little?
- Odette Murray, Liability In Solidum in the Law of International Responsibility: A Comment on Guiding Principle 7
- Federica I. Paddeu, Shared Non-responsibility in International Law? Defences and the Responsibility of Co-perpetrators and Accessories in the Guiding Principles
- Frédéric Gilles Sourgens, The Precaution Presumption
- Steven R. Ratner, The Aggravating Duty of Non-Aggravation
- Yury Rovnov, Appropriate Level of Protection: The Most Misconceived Notion of WTO Law
- Heidi Nichols Haddad, When Global Becomes Municipal: US Cities Localizing Unratified International Human Rights Law
- The Theatre of International Law
- Mickey Zar, Piracy: A Treasure Box of Otherness
- Roaming Charges: COVID Autumn
- The European Tradition in International Law: Camilo Barcia Trelles
- Ignacio de la Rasilla, Camilo Barcia Trelles in and beyond Vitoria's Shadow (1888–1977)
- Randall Lesaffer, The Cradle of International Law: Camilo Barcia Trelles on Francisco de Vitoria at The Hague (1927)
- Juan Pablo Scarfi, Camilo Barcia Trelles on the Meaning of the Monroe Doctrine and the Legacy of Vitoria in the Americas
- José María Beneyto, Camilo Barcia Trelles on Francisco de Vitoria: At the Crossroads of Carl Schmitt’s Grossraum and James Brown Scott’s ‘Modern International Law’
- Review Essays
- Cait Storr, ‘The War Rages On’: Expanding Concepts of Decolonization in International Law, reviewing Jochen von Bernstorff and Philipp Dann eds., The Battle for International Law: South-North Perspectives on the Decolonization Era
- Simon Chesterman, Can International Law Survive a Rising China?, reviewing Congyan Cai, The Rise of China and International Law: Taking Chinese Exceptionalism Seriously
- Jean d’Aspremont, Belgium and the Fabrication of the International Legal Discipline, reviewing Vincent Genin, Le laboratoire belge du droit international: Une communauté épistémique et internationale de juristes (1869–1914)
- Erika de Wet, Twenty-Five-Years of Dugard’s International Law: A Lasting Impression
- Books Reviews
- Filippo Fontanelli, reviing Santi Romano, The Legal Order (Ed. Mariano Croce)
- Sarah C. Dunstan, reviewing Christopher R. Rossi, Whiggish International Law: Elihu Root, the Monroe Doctrine, and International Law in the Americas
- Catherine O’Rourke, rewiewing Gina Heathcote, Feminist Dialogues on International Law: Successes, Tensions, Futures
- Anne Peters, reviewing Anna Chadwick, Law and the Political Economy of Hunger
- Dimitri Van Den Meerssche, reviewing Rebecca Schmidt, Regulatory Integration Across Borders: Public–Private Cooperation in Transnational Regulation
- Fuad Zarbiyev, Rose Parfitt, The Process of International Legal Reproduction: Inequality, Historiography, Resistance
- Mavluda Sattorova, reviewing Jérémie Gilbert, Natural Resources and Human Rights: An Appraisal
- David Schneiderman, reviewing Markus Krajewski and Rhea Tamara Hoffman eds., Research Handbook on Foreign Direct Investment
- Jean Ho, reviewing Aikaterini Florou, Contractual Renegotiations and International Investment Arbitration: A Relational Contract Theory Interpretation of Investment Treaties
- Esmé Shirlow, reviewing Martin Jarrett, Contributory Fault and Investor Misconduct in Investment Arbitration
- Christine Schwöbel-Patel, reviewing Maria Elander, Figuring Victims in International Criminal Justice: The Case of the Khmer Rouge Tribunal
- Henry Lovat, reviewing Kamari Maxine Clarke, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback
- The Last Page
- Emily Dickinson, We Grow Accustomed to the Dark
Wednesday, April 28, 2021
Tuesday, April 27, 2021
- Christian Tomuschat zu Ehren | Honouring Christian Tomuschat
- Andreas von Arnauld & Pierre Thielbörger, Editorial: Ein Dank an Christian Tomuschat / Editorial: Thanking Christian Tomuschat
- Daniel-Erasmus Khan, “It Is Not Possible For Us That Injustice Be Justice”. Some Remarks on the Soghomon Tehlirian Trial at Age 100
- Christina Binder, Europäischer Menschenrechtsschutz in der Krise? Die COVID-19-Pandemie als Herausforderung und Chance
- Christian Walter & Philip Nedelcu, Verlust der Staatsangehörigkeit als Maßnahme der Terrorismusbekämpfung: Welche Grenzen setzt das Völkerrecht?
- Christian J. Tams, Strindberg, Fried und Tomuschat: Internationale Gerichte und bewaffnete Konflikte
- Oliver Diggelmann, The Creation of the United Nations: Break with the Past or Continuation of Wartime Power Politics?
- Bardo Fassbender, Die Beharrungskraft des Status quo: Die Bemühungen um eine Reform des Sicherheitsrates im Jahr des 75-jährigen Bestehens der Vereinten Nationen
- Erika de Wet, Military Assistance Based on Ex-Ante Consent: a Violation of Article 2 (4) UN Charter?
- Rüdiger Lüdeking & Helmut W. Ganser, Für Stabilität und gegen unkontrollierbare Konfrontation – eine politische Initiative zu Dialog und Zusammenarbeit mit Russland auf der Grundlage einer glaubwürdigen europäischen und transatlantischen Sicherheitspolitik
Call for Submissions: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
Now accepting submissions for Volume 59(2)
The Editorial Board of The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre (MLLWR) is pleased to invite submissions for the upcoming Volume 59 Issue 2, due for publication in late 2021.
The Review's editorial board welcomes submissions that come within the broader scope of the Review, including military law, law of armed conflict, law on the use of force, as well as international criminal law and human rights law (inasmuch as related to situations of armed conflict).
For Volume 59 Issue 2, the deadline for submission is June 15, 2021. Submissions should be sent to email@example.com and will be subject to double-blind peer review.
Articles should normally not be longer than 15,000 words (footnotes included), although longer pieces may exceptionally be considered.
Inquiries as to whether a possible submission comes within the scope of the Review can be sent to the above mentioned email address.
Watt: State Sponsored Cyber Surveillance: The Right to Privacy of Communications and International Law
This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.
The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance.
Monday, April 26, 2021
Frost: Out with the ‘Old’, in with the ‘New’: Challenging Dominant Regulatory Approaches in the Field of Human Rights
Mainstream doctrinal and theoretical thinking in international human rights scholarship still adheres to ‘old governance’ regulatory approaches. This is despite the reality of transnational corporations’ (TNCs) increasing involvement in ‘new governance’ architectures in the field of international human rights as regulatory actors and agents of change. ‘Old governance’ approaches are distinguished by statist, positivist regulatory dispositions: they typically position TNCs as violators of human rights; assume a hierarchical relationship between state and society; couple regulation with governments while presuming the state to be the ideal regulator; and, consequently, emphasize power and legal accountability as normative concerns and predominant vehicles for social change. The present article critically reflects on the conceptual, practical and normative implications of this ‘old governance’ bias for contemporary thinking about corporations and human rights under conditions of economic globalization. On the basis of these analyses, the article takes first steps on the path to further theoretical development of a new governance theory for business and human rights. It does so by outlining the importance of new governance perspectives for better evaluating the role that corporate actors actually assume in the field, and what this may mean for these norms’ protection.
On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.
Sunday, April 25, 2021
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently.
The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
- Petros C. Mavroidis, Who’s Minding the Store?
- Xuechan Ma & Anran Zhang, Be the First Investor to Eat Crabs in North Korea: Tips for Bilateral Investment Treaties
- Amrita Bahri & Ana Sofia Charvel, The Mexican Front-of-Pack Labeling Reform: Is It Compatible with International Trade Law?
- Toni Marzal, Quantum (In)Justice: Rethinking the Calculation of Compensation and Damages in ISDS
- Saar A. Pauker & Benny Winston, Eiser v Spain – Unprecedented Annulment of an ICSID Award for Improper Constitution of the Tribunal
Friday, April 23, 2021
- Anne van Aaken & Betül Simsek, Rewarding in International Law
- Stratos Pahis, BITs & Bonds: The International Law and Economics of Sovereign Debt
- International Decisions
- Olabisi D. Akinkugbe, Houngue Éric Noudehouenou v. Republic of Benin
- Kanstantsin Dzehtsiarou, Georgia v. Russia (II)
- Marko Milanović & Tatjana Papić, Makuchyan and Minasyan v. Azerbaijan and Hungary
- Cecily Rose, Appeal Relating to the Jurisdiction of the ICAO Council
- Contemporary Practice of the United States Relating to International Law
- Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Doug Cassel, reviewing A History of the UN Human Rights Programme and Secretariat, by Bertrand G. Ramcharan
- Ronald Bettauer, reviewing Negotiating Civil War: The Politics of International Regime Design, by Henry Lovat
- Salvatore Caserta, reviewing International Judicial Review: When Should International Courts Intervene?, by Shai Dothan
Metekia: Prosecution of Core Crimes in Ethiopia: Domestic Practice vis-à-vis International Standards
Tadesse Simie Metekia’s Prosecution of Core Crimes in Ethiopia offers an in-depth analysis of core crimes trials in Ethiopia within the broader frame of international criminal law. This book is a result of an unprecedented data collection, a meticulous exploration of relevant national and international norms and case laws, as well as a full engagement with the existing literature on the domestic application of international criminal law. A comparative examination of the actual trials and the manner in which Ethiopia set prosecutions of core crimes in motion, Metekia’s book is a significant achievement in terms of furthering academic knowledge and of contributing to the wider policy debates on international criminal justice and on the role of states in prosecuting atrocities.
- Joseph Tzu-Shuo Liu, Preventive detention of dangerous inmates: a dialogue between human rights and penal regimes
- Fátima García Elena, The spatial aspect of human rights: a framework for the structural and spatial analysis of human rights practice
- Lucia M. M. K. Elgerud & Jaymelee J. Kim, Mapping the intangible: forensic human rights documentation in post-conflict Uganda
- Andrea Chandler, Russia's laws on ‘non-traditional’ relationships as response to global norm diffusion
- Paul Chaney, Human rights and social welfare pathologies: civil society perspectives on contemporary practice across UK jurisdictions – critical analysis of third cycle UPR data
- Alina Cherviatsova, Memory as a battlefield: European memorial laws and freedom of speech
- Nasia Hadjigeorgiou, Conflict resolution in post-violence societies: some guidance for the judiciary
- Songcai Yang, Ling Han & Yingxi Bi, Child trafficking in the Yunnan and Guangdong provinces of China
Thursday, April 22, 2021
JIEL-ASIL Junior Faculty Forum for International Economic Law (IEL-Forum)
The Journal of International Economic Law and the International Economic Law Interest Group of the American Society of International Law are delighted to announce the first annual IEL-Forum for Junior Scholars. The IEL-Forum aims at bringing together early career scholars (including junior faculty, VAPs, PhD candidates, etc.) working in the field of international economic law. The purpose is to allow scholars to present their work before an audience of peers and experts and receive feedback from senior scholars. In addition, at least one piece will receive an offer of publication to appear in the 25th volume of the Journal of International Economic Law—the leading publication in the field.
Rules and Format
We welcome applications from early career scholars teaching in law faculties or other schools such as in economics, political science, history or international relations. The Forum welcomes submissions covering a wide range of international economic law topics – trade, investment, finance, tax, labor, intellectual property, data, and other topics reflective of the broad nature of the field.
At the IEL-Forum, up to six successful applicants will present their work; for each paper, a senior scholar will provide a response followed by general discussion by the entire Forum. The intention is to create a process of sustained exchange and feedback that can help to improve the piece. Interested applicants should submit a brief description of the unpublished/unsubmitted project (up to 800 words) and a CV by June 11, 2021 to IEcLIG@asil.org. Applicants should be prepared to comply with the following schedule:
- Selection and Notification of the List of Participants by July 16, 2021.
- Draft Papers (up to 12,500 words) circulated by September 10, 2021.
- IEL-Forum will be held on or around September 23 & 24, 2021 as a zoom event (this year).
- JIEL Offer(s) of Publication by November 5, 2021.
Professors Kathleen Claussen, Sergio Puig, and Michael Waibel on behalf of JIEL
Professors Julian Arato, J. Benton Heath, and Maria Panezi on behalf of ASIL’s IEL Interest Group
Aust & Demir-Gürsel: The European Court of Human Rights: Current Challenges in Historical Perspective
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an ‘alarm bell mechanism’ is examined and assessed in relation to its original goal to prevent authoritarian backsliding.
Wednesday, April 21, 2021
- Inger Österdahl, Sweden’s Collective Defence Obligations or this is Not a Collective Defence Pact (or Is It?): Considerations of International and Constitutional Law
- Georgios Milios, Family Unity and International Protection – EU Regulation and its Compatibility with the ECHR
- Felix E. Torres, Revisiting the Chorzów Factory Standard of Reparation – Its Relevance in Contemporary International Law and Practice
- Xinxiang Shi, Diplomatic Immunity Ratione Materiae and Crimes in International Law
In this innovative account of the origins of the idea of the League of Nations, Sakiko Kaiga casts new light on the pro-League of Nations movement in Britain in the era of the First World War, revealing its unexpected consequences for the development of the first international organisation for peace. Combining international, social, intellectual history and international relations, she challenges two misunderstandings about the role of the movement: that their ideas about a league were utopian and that its peaceful ideal appealed to the war-weary public. Kaiga demonstrates how the original post-war plan consisted of both realistic and idealistic views of international relations, and shows how it evolved and changed in tandem with the war. She provides a comprehensive analysis of the unknown origins of the League of Nations and highlights the transformation of international society and of ideas about war prevention in the twentieth century to the present.
Tuesday, April 20, 2021
Conference: International Law and Distribution: Sustainable Development, Security, and the Governance of Resources
Monday, April 19, 2021
de Guttry, Post, & Venturini: The 1998-2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective - From the 2000 Algiers Agreements to the 2018 Peace Agreement
This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peacekeeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission.
This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ‘no war, no peace’ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective.
Event: EU Pact on Migration and Asylum: Conversation with European Commission Vice President Schinas
Le revirement de jurisprudence cristallise une tension classique du droit entre la nouveauté et la sécurité. D’un côté, il permet au juge d’adapter sa jurisprudence à l’évolution de la société. C’est un élément inhérent à la fonction de juger. Mais, de l’autre côté, en prenant le contrepied de la position qui était jusqu’alors la sienne, le juge porte inéluctablement atteinte au principe de sécurité juridique. Le revirement altère la confiance des justiciables et risque de remettre en cause l’autorité des décisions voire in fine de compromettre leur exécution. Si l’équation est de manière générale fort délicate, elle l’est d’autant plus dans l’ordre juridique international que la justice, en dépit des évolutions les plus récentes, y demeure largement consensuelle.
Le présent ouvrage se propose d’analyser la question du revirement de jurisprudence à travers l’étude de la pratique de plusieurs organes juridictionnels réunis autour de grands ensembles : l’arbitrage (tribunaux interétatiques, CIRDI), les juridictions interétatiques (CIJ, TIDM, ORDOMC), les juridictions des droits de l’homme (CEDH, CIDH), les juridictions d’intégration (CJUE, juridictions d’intégration africaines, juridictions d’intégration latino-américaines), les juridictions pénales internationales (CPI, tribunaux pénaux internationaux ad hoc, tribunaux pénaux internationalisés) et les juridictions administratives internationales.
Les différentes études qui émanent d’universitaires sont complétées par le regard de praticiens dont plusieurs membres des juridictions étudiées.
Sunday, April 18, 2021
Imseis: The United Nations Plan of Partition for Palestine Revisited: On the Origins of Palestine’s International Legal Subalternity
This article critically examines the United Nations (U.N.) commitment to international law by revisiting General Assembly Resolution 181(II) of 29 November 1947 recommending the partition of Mandate Palestine into a Jewish State and an Arab State. The main claim advanced is that Resolution 181(II) was an expression of an international rule by law, rather than an international rule of law, through which law was used, abused or selectively applied with grossly iniquitous results. To this end, it undertakes a critical international legal analysis of Resolution 181(II) with specific reference to the verbatim and summary records of the United Nations Special Committee on Palestine whose report of September 1947 formed the basis of both the Resolution’s text and its underlying rationale. Rather than being governed by the objective application of international law, the Resolution was driven by distinctly European political goals, which privileged support for the European Zionist program in Palestine. The result was to legislate into U.N. law the two-state framework as the legal cornerstone of the Organization’s position on Palestine against the wishes of the country’s indigenous Arab majority. In this sense, Resolution 181(II) can be understood as the opening act of Palestine’s disenfranchisement and contingency in the U.N., a subaltern position which continues to this very day.
- Rakhyun E. Kim & Louis J. Kotzé, Planetary boundaries at the intersection of Earth system law, science and governance: A state‐of‐the‐art review
- Patrick Toussaint, Loss and damage and climate litigation: The case for greater interlinkage
- Delphine Misonne, The emergence of a right to clean air: Transforming European Union law through litigation and citizen science
- Carlos Soria‐Rodríguez, The international regulation for the protection of the environment in the development of marine renewable energy in the EU
- Xiaoou Zheng, Empowering indigenous peoples and local communities: A human rights‐based appraisal of the compliance mechanism of the Nagoya Protocol
- Werner Scholtz, ‘Ethical and humane use’, intrinsic value and the Convention on Biological Diversity: Towards the reconfiguration of sustainable development and use
- Ming Du, Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization
- Katharine Heyl, Tobias Döring, Beatrice Garske, Jessica Stubenrauch, & Felix Ekardt, The Common Agricultural Policy beyond 2020: A critical review in light of global environmental goals
- Meelan Thondoo & Joyeeta Gupta, Health impact assessment legislation in developing countries: A path to sustainable development?
- Surasak Boonrueang & Colin Reid, Conservation agreements and environmental governance: The role of nongovernmental actors
- Sandya Nishanthi Gunasekara & Md Saiful Karim, The role of ASEAN and its members in promoting the norm of responsible governance of marine biodiversity of areas beyond national jurisdiction
- Orla Kelleher, A critical appraisal of Friends of the Irish Environment v Government of Ireland
Saturday, April 17, 2021
À l’heure où les États sont toujours plus concurrencés par des institutions nombreuses aux pouvoirs divers sur la scène internationale, Samantha Besson invite à re-poser la question institutionnelle en droit international pour contribuer ainsi à reconstruire l’ordre institutionnel mondial.
Les États n’agissent plus seuls sur la scène internationale. Interviennent désormais à leurs côtés, voire parfois à leur place, d’autres institutions comme les organisations internationales, les entreprises multinationales, les organisations non gouvernementales, les régions, ou encore les villes globalisées. Or, on ne dispose d’aucune indication claire, et encore moins d’un « droit international des institutions », permettant de répondre aux trois questions essentielles de l’organisation sociale et politique que sont la représentation, la règlementation et la responsabilité. Quelles institutions peuvent agir pour qui sur le plan international ? À quelles conditions leurs décisions peuvent-elles prétendre lier juridiquement, et avoir la légitimité de le faire ? Et, quelles institutions doivent répondre envers qui, et comment, de la violation du droit international ? Le temps est venu de reconstruire l’ordre institutionnel international.
Friday, April 16, 2021
Data conveys significant social, economic, and political power. Unequal control over data — a pervasive form of digital inequality — is a problem for economic development, human agency, and collective self-determination that needs to be addressed. This paper takes some steps in this direction by analyzing the extent to which law facilitates unequal control over data and by suggesting ways in which legal interventions might lead to more equal control over data. By unequal control over data, we not only mean having or not having data, but also having or not having power over deciding what becomes and what does not become data. We call this the power to datafy. We argue that data inequality is in turn a function of unequal control over the infrastructures that generate, shape, process, store, transfer, and use data. Existing law often regulates data as an object to be transferred, protected, and shared and is not always attuned to the salience of infrastructural control over data. While there are no easy solutions to the variegated causes and consequences of data inequality, we suggest that retaining flexibility to experiment with different approaches, reclaiming infrastructural control, systematically demanding enhanced transparency, pooling of data and bargaining power, and differentiated and conditional access to data mechanisms may help in confronting data inequality more effectively going forward.
This paper was written as a background paper for the World Development Report 2021: Data for Better Lives.
- Su Bian, Political but incontestable: A review of ‘political constitutionalism’ in China
- Berihun Adugna Gebeye, Global constitutionalism and cultural diversity: The emergence of jurisgenerative constitutionalism in Africa
- Special Issue: Judicial Authority, Legitimacy and the (International) Rule of Law
- Knut Traisbach, Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue
- Jeremy Waldron, The rule of law and the role of courts
- Brian Z. Tamanaha, Always imperfectly achieved rule of law: Comments on Jeremy Waldron
- Andreas Follesdal, International human rights courts and the (international) rule of law: Part of the solution, part of the problem, or both?
- Gianluigi Palombella, Non-arbitrariness, rule of law and the ‘margin of appreciation’: Comments on Andreas Follesdal
- Geir Ulfstein, Transnational constitutional aspects of the European Court of Human Rights
- Wojciech Sadurski, Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein
- Knut Traisbach, A transnational judicial public sphere as an idea and ideology: Critical reflections on judicial dialogue and its legitimizing potential
- Friedrich Kratochwil, Law as an argumentative practice: On the pitfalls of confirmatory research, false necessities, and (Kantian) stupidity – Comments on Knut Traisbach
Thursday, April 15, 2021
This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system.
In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?