Saturday, May 15, 2021

Conference: Rule of Law in the Indo-Pacific Region and Beyond

On May 17-19, 2021, the Stockton Center for International Law at the U.S. Naval War College will host online the 3rd Annual Alexander C. Cushing International Law Conference. The topic is: "Rule of Law in the Indo-Pacific Region and Beyond" Details are here.

Friday, May 14, 2021

Call for Papers: Artificial Intelligence: The New Frontier of Business and Human Rights

The Business and Human Rights Working Group of the Netherlands Network for Human Rights Research and the Asser Institute have issued a call for papers for a workshop on "Artificial Intelligence: The New Frontier of Business and Human Rights." The call is here.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added an introductory note by Heiner Bielefeldt and Michael Wiener on the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 1981 to the Historic Archives of the UN Audiovisual Library of International Law website.

Symposium: Transnational Legal Discourse on Race and Empire

The latest issue of the UCLA Law Review (Vol. 67, no. 6, April 2021) focuses on "Transnational Legal Discourse on Race and Empire." Contents include:
  • Transnational Legal Discourse on Race and Empire
    • E. Tendayi Achiume & Aslı Bâli, Race and Empire: Legal Theory Within, Through, and Across National Borders
    • E. Tendayi Achiume & Devon W. Carbado, Critical Race Theory Meets Third World Approaches to International Law
    • Adelle Blackett with Alice Duquesnoy, Slavery Is Not a Metaphor: U.S. Prison Labor and Racial Subordination Through the Lens of the ILO’s Abolition of Forced Labor Convention
    • Justin Desautels-Stein, A Prolegomenon to the Study of Racial Ideology in the Era of International Human Rights
    • Katherine Fallah & Ntina Tzouvala, Deploying Race, Employing Force: ‘African Mercenaries’ and the 2011 NATO Intervention in Libya
    • James Thuo Gathii, Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other
    • Christopher Gevers, “Unwhitening the World”: Rethinking Race and International Law
    • Darryl Li, Genres of Universalism: Reading Race Into International Law, With Help From Sylvia Wynter
    • Sherally Munshi, Unsettling the Border
    • Vasuki Nesiah, An Un-American Story of the American Empire: Small Places, From the Mississippi to the Indian Ocean
    • Aziz Rana, Keynote Speech, UCLA Law Review Symposium 2020: Law and Empire in the American Century
    • John Reynolds, Emergency and Migration, Race and the Nation
    • Wadie E. Said, The Destabilizing Effect of Terrorism in the International Human Rights Regime
    • Matiangai Sirleaf, Racial Valuation of Diseases
    • Chantal Thomas, Race as a Technology of Global Economic Governance

New Issue: New York University Journal of International Law and Politics

The latest issue of the New York University Journal of International Law and Politics (Vol. 53, no. 2, Winter 2021) is out. Contents include:
  • Neha Mishra, International Trade Law Meets Data Ethics: A Brave New World
  • Daniel Peat, The Tyranny of Choice and the Interpretation of Standards: Why the European Court of Human Rights Uses Consensus
  • Jay Butler, Corporate Commitment to International Law
  • Gian Luca Burci & Stefania Negri, Governing the Global Fight against Pandemics: The WHO, the International Health Regulations, and the Fragmentation of International Law
  • José E. Alvarez, Biden's International Law Restoration

New Podcast Episodes: "Hablemos de Derecho Internacional"

Hablemos de Derecho Internacional – The International Legal Podcast recently added the following Episodes in Spanish: Dra. Erika Guevara Rosas - La Protección de los Derechos Humanos por Amnistía Internacional; Dr. Fernando Bordin - Una verdadera charla sobre la costumbre internacional (Premium); Prof. Alonso Gurmendi - Conflictos Armados No-Internacionales: El Perú y América Latina; Dra. María Amparo Albán - La Protección de Áreas Marinas bajo el Derecho Internacional; Gota 9: Derecho de Asilo / Haya de la Torre (Colombia c. Perú) (Premium); Prof. Carlos Gil Gandía - Reparación de Víctimas de Crímenes Internacionales - Corte Penal Internacional (Premium); and Dr. Angel V. Horna - Una conversación exitosa sobre la delimitación de fronteras marítimas. The podcast is available on the main platforms: Spotify, Apple Podcasts, Google Podcasts, or through other podcast applications by searching “Hablemos de Derecho Internacional”. Updated information about the guests and episodes can be found on the new website, or on HDI’s social media accounts: LinkedIn, Twitter, Instagram, Facebook, Youtube.

Special Issue: Refugees, Returnees and Internally Displaced Persons in Africa

The latest issue of the Journal of African Law (Vol. 65, Supp. 1, May 2021) focuses on "Refugees, Returnees and Internally Displaced Persons in Africa." Contents include:
  • Special Issue: Refugees, Returnees and Internally Displaced Persons in Africa
    • Romola Adeola, Lutz Oette, Olivia Lwabukuna, & Frans Viljoen, Introduction: Refugees, Returnees and Internally Displaced Persons in Africa
    • Sara Palacios-Arapiles, Unfolding Africa's Impact on the Development of International Refugee Law
    • Fatima Khan & Cecile Sackeyfio, Situating the Global Compact on Refugees in Africa: Will it Make a Difference to the Lives of Refugees “Languishing in Camps”?
    • Francis M Deng & Romola Adeola, The Normative Influence of the UN Guiding Principles on the Kampala Convention in the Protection of Internally Displaced Persons in Africa
    • Olivia Lwabukuna, The Responsibility to Protect Internally Displaced Persons in Africa
    • Romola Adeola, The Kampala Convention and the Protection of Persons Internally Displaced by Harmful Practices in Africa
    • Romola Adeola & Benyam D Mezmur, The Protection of Internally Displaced Children in Africa: A Doctrinal Analysis of Article 23(4) of the African Children's Charter
    • Romola Adeola, Frans Viljoen, & Trésor Makunya Muhindo, A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights
    • Gideon Muchiri Kaungu, Reflections on the Role of Ubuntu as an Antidote to Afro-Phobia

Thursday, May 13, 2021

Call for Papers: Rosa Luxemburg and International Law

A call for papers has been issued for a writing workshop on the topic "Rosa Luxemburg and International Law." The intention is for the papers to be published in some form. The call is here.

Contesse: The Rule of Advice in International Human Rights Law

Jorge Contesse (Rutgers Univ. - Law) has posted The Rule of Advice in International Human Rights Law (American Journal of International Law, forthcoming). Here's the abstract:
Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world’s most active international advice-giver—the Article shows how international human rights courts may utilize advisory proceedings to influence state conduct, in a mechanism the Article calls “ruling through advice.” The Article also shows how human rights courts may attempt to guide states and national courts, by addressing questions that are likely to arise, in a mechanism the Article calls “anticipatory adjudication.” Using the Inter-American Court’s groundbreaking advisory opinion on same-sex marriage as a case study, the Article argues that, despite the domestic implementation of its opinion, the Court misused its advisory powers, putting the regional human rights system at risk. The insights that both the conceptual model and the case study offer may contribute to a larger conversation about international courts’ advisory role.

Conference: International Arbitration: Charting the Path Ahead

On May 19-20, 2021, ILA-Canada will host its second biennial conference, online. The topic is "International Arbitration: Charting the Path Ahead." Program and registration are here.

New Issue: Stanford Journal of International Law

The latest issue of the Stanford Journal of International Law (Vol. 57, no. 1, Winter 2021) is out. Contents include:
  • Ardi Imseis, The United Nations Plan of Partition for Palestine Revisited: On the Origins of Palestine's International Legal Subalternity
  • Jide Nzelibe, Mixed Stakes Conflicts in International and Constitutional Law
  • Nedim Hogic & Imad Antoine Ibrahim, Arctic Indigenous Communities and Antarctic Icebergs as Subjects of Inter-Legality

Lecture: Caracciolo on "The regime of international straits - freedoms, rights and obligations at stake"

On May 17, 2021, Ida Caracciolo (Judge, International Tribunal for the Law of the Sea) will deliver a lecture on "The regime of international straits - freedoms, rights and obligations at stake" as part of the Essex Public International Law Lecture Series. Details are here.

New Issue: International Organization

The latest issue of International Organization (Vol. 75, no. 2, Spring 2021) is out. Contents include:
  • Challenges to the Liberal International Order: International Organization at 75
    • Martha Finnemore, Kenneth Scheve, Kenneth A. Schultz, & Erik Voeten, Preface
    • David A. Lake, Lisa L. Martin, & Thomas Risse, Challenges to the Liberal Order: Reflections on International Organization
    • Marcos Tourinho, The Co-Constitution of Order
    • Tanja A. Börzel & Michael Zürn, Contestations of the Liberal International Order: From Liberal Multilateralism to Postnational Liberalism
    • Catherine E. De Vries, Sara B. Hobolt, & Stefanie Walter, Politicizing International Cooperation: The Mass Public, Political Entrepreneurs, and Political Opportunity Structures
    • Henry Farrell & Abraham L. Newman, The Janus Face of the Liberal International Information Order: When Global Institutions Are Self-Undermining
    • Emanuel Adler & Alena Drieschova, The Epistemological Challenge of Truth Subversion to the Liberal International Order
    • Beth A. Simmons & Hein E. Goemans, Built on Borders: Tensions with the Institution Liberalism (Thought It) Left Behind
    • Sara Wallace Goodman & Thomas B. Pepinsky, The Exclusionary Foundations of Embedded Liberalism
    • Zoltán I. Búzás, Racism and Antiracism in the Liberal International Order
    • J. Lawrence Broz, Jeffry Frieden, & Stephen Weymouth, Populism in Place: The Economic Geography of the Globalization Backlash
    • Thomas M. Flaherty & Ronald Rogowski, Rising Inequality As a Threat to the Liberal International Order
    • Judith Goldstein & Robert Gulotty, America and the Trade Regime: What Went Wrong?
    • Edward D. Mansfield & Nita Rudra, Embedded Liberalism in the Digital Era
    • Jeff D. Colgan, Jessica F. Green, & Thomas N. Hale, Asset Revaluation and the Existential Politics of Climate Change
    • Rebecca Adler-Nissen & Ayşe Zarakol, Struggles for Recognition: The Liberal International Order and the Merger of Its Discontents
    • Jessica Chen Weiss & Jeremy L. Wallace, Domestic Politics, China's Rise, and the Future of the Liberal International Order

Wednesday, May 12, 2021

Biltoft: A Violent Peace: Media, Truth, and Power at the League of Nations

Carolyn N. Biltoft
(Graduate Institute) has published A Violent Peace: Media, Truth, and Power at the League of Nations (Univ. of Chicago Press 2021). Here’s the abstract:

The newly born League of Nations confronted the post-WWI world—from growing stateless populations to the resurgence of right-wing movements—by aiming to create a transnational, cosmopolitan dialogue on justice. As part of these efforts, a veritable army of League personnel set out to shape “global public opinion,” in favor of the postwar liberal international order. Combining the tools of global intellectual history and cultural history, A Violent Peace reopens the archives of the League to reveal surprising links between the political use of modern information systems and the rise of mass violence in the interwar world. Historian Carolyn N. Biltoft shows how conflicts over truth and power that played out at the League of Nations offer broad insights into the nature of totalitarian regimes and their use of media flows to demonize a whole range of “others.”

An exploration of instability in information systems, the allure of fascism, and the contradictions at the heart of a global modernity, A Violent Peace paints a rich portrait of the emergence of the age of information—and all its attendant problems.

Call for Submissions: 2030: A New Horizon for International Economic Law?

The Law Schools of the Universidad Externado and the Universidad de Zaragoza and the Latin American Network of International Economic Law have announced the second edition of the Global Jurist Award. The award is a call for legal essays entitled: "2030: A New Horizon for International Economic Law?” The call is here (English/Español).

Call For Papers: Third Legal Histories of Empire Conference

A call for papers has been issued for the Third Legal Histories of Empire Conference, which will be held June 29-July 1, 2022, at Maynooth University. The call is here.

Theilen: European Consensus between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication

Jens T. Theilen
has published European Consensus between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication (Nomos 2021). The book is available open access here. Here's the abstract:
This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court’s case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court’s reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court’s legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.

Longobardo: The Italian Legislature and International and EU Obligations of Domestic Criminalisation

Marco Longobardo (Univ. of Westminster - Law) has posted The Italian Legislature and International and EU Obligations of Domestic Criminalisation (International Criminal Law Review, Forthcoming). Here's the abstract:
This article explores the nature and content of international and EU obligations to adopt certain criminal domestic legislation, and the impact that they have on the Italian legislature. In light of relevant international, EU, and domestic law provisions, the article investigates what is required of Italy to implement obligations of domestic criminalisation. It is argued that the Italian legislature is bound to implement obligations of domestic criminalisation both under international law and the Italian constitutional law. The article ends with an overview of the consequences under international law that Italy may face for failure to implement international and EU obligations of domestic criminalisation.

New Issue: Europa Ethnica

The latest issue of Europa Ethnica (Vol. 78, nos. 1/2, 2021). Contents include:
  • Oskar Peterlini, Åland und Südtirol – Autonomien auf dem Prüfstand: Analyse und Gegenüberstellung der Verfassungen und Autonomiestatuten
  • Alfred Eisfeld, Deutsche in Kasachstan: Wechselvolle Geschichte einer Minderheit
  • Michael Fuchs, Zur Bewährung des Menschenrechtsschutzsystems des Europarates aus deutscher Sicht
  • Roberta Medda-Windischer, Religious and Linguistic Minorities and the European Court of Human Rights: Between Restrictive Measures and Concerted Solutions
  • Beatrix F. Romhányi, Ethnische und religiöse Minderheiten im spätmittelalterlichen Ungarn: ein modernes Konzept oder eine zeitgenössische Realität?
  • Ursula Hemetek, „Die Macht der Musik für die Schaffung einer gerechteren Gesellschaft nutzen“ Zur Entwicklung der ethnomusikologischen Minderheitenforschung

Kammerhofer: International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources

Jörg Kammerhofer
(Albert-Ludwigs-Universität Freiburg - Law) has published International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources (Cambridge Univ. Press 2021). Here's the abstract:
Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.

Moses: The Problems of Genocide: Permanent Security and the Language of Transgression

A. Dirk Moses
(Univ. of North Carolina, Chapel Hill - History) has published The Problems of Genocide: Permanent Security and the Language of Transgression (Cambridge Univ. Press 2021). Here's the abstract:
Genocide is not only a problem of mass death, but also of how, as a relatively new idea and law, it organizes and distorts thinking about civilian destruction. Taking the normative perspective of civilian immunity from military attack, A. Dirk Moses argues that the implicit hierarchy of international criminal law, atop which sits genocide as the 'crime of crimes', blinds us to other types of humanly caused civilian death, like bombing cities, and the 'collateral damage' of missile and drone strikes. Talk of genocide, then, can function ideologically to detract from systematic violence against civilians perpetrated by governments of all types. The Problems of Genocide contends that this violence is the consequence of 'permanent security' imperatives: the striving of states, and armed groups seeking to found states, to make themselves invulnerable to threats.

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 21, no. 2, 2021) is out. Contents include:
  • 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

Tuesday, May 11, 2021

Support ILR with Your Donation on Its 14th Anniversary

The International Law Reporter is a free service but there are costs associated with its production. Costs have increased recently with a necessary change to the email subscription service provider. Twice a year I ask that you show your support by making a donation to help defray the blog's costs. This week is a particularly appropriate time to make a monetary contribution, as it marks fourteen years since ILR's first post. Those able and so inclined can donate by clicking on the "Donate" button to the right. Any amount is appreciated. Thanks.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 27, no. 2, June 2021) is out. Contents include:
  • 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

On May 20-21, 2021, the University of the West Indies and the American Society of International Law will hold a symposium on "Reparations under International Law for Enslavement of African Persons in the Americas and the Caribbean." Program and registration are here.

Call for Papers: The European Social Charter Turns 60: Advancing Economic and Social Rights across Jurisdictions

The Department of Law of the University of Turin has issued a call for papers for a conference on "The European Social Charter Turns 60: Advancing Economic and Social Rights across Jurisdictions," to take place October/November 2021. The call is here.

Vaccaro-Incisa: China's Treaty Policy and Practice in International Investment Law and Arbitration: A Comparative and Analytical Study

G. Matteo Vaccaro-Incisa
has published China's Treaty Policy and Practice in International Investment Law and Arbitration: A Comparative and Analytical Study (Brill | Nijhoff 2021). Here's the abstract:
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

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 35, no. 1, Spring 2021) is out. Contents include:
  • Essays
    • 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
  • Feature
    • 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

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 38, no. 4, 2020) is out. Contents include:
  • 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

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 61, no. 2, Winter 2021) is out. Contents include:
  • Articles
    • 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