- 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
Friday, May 7, 2021
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
This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals. Set against the background of the classic doctrine on the ‘autonomy of EU law’ and the EU’s objective to ‘develop international law’, Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU’s return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.
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
- Arianne Morin-Aubut, Les protections du droit à la reproduction des femmes en situation de handicap en droit international : les écueils de leurs mises en application
- Harith Al-Dabbagh, Le juge québécois face au divorce islamique. Comment prévenir les divorces « boiteux » internationaux?
- Jose Elias Esteve Molto, Requiem for Universal Jurisdiction in Spain
- Françoise Paccaud, L’accessibilité des soins : de la coordination des États membres de l’Union Européenne à la coopération transfrontalière
- Tugrul Cakir, Le transfert de maîtrise et de propriété des satellites en orbite en droit de l’espace
- Xin Jin, Les réformes récentes du contrôle judiciaire des sentences arbitrales en Chine
- 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