The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Saturday, May 29, 2021
The Prospects of Common Concern of Humankind in International Law (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:
The Centre for International Law, National University of Singapore is accepting applications for a Research Associate/Research Assistant in its Investment Law and Policy Programme. The advertisement is here.
A call for papers has been issued for the 7th Geneva Jean Monnet Doctoral Workshop on "The Law and Practice of EU Diplomacy in Regional and Global Organisations." The call is here.
Revista Derechos en Acción (No. 18, Verano 2020-2021) focuses on "Fondo Monetario Internacional y derechos humanos." This issue is available open access here. The table of contents is here. The foreword and interviews from this special issues are now available in English here.
On June 1-2, 2021, the Max Planck Institute for Legal History and Legal Theory will host a online conference on "Law and Policy in European Integration (1960s-1990s)." Details are here.
Conference: Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases
On June 17-18, 2021, the European Association for Family and Succession Law, together with the University of Genoa, will host an online conference on children's rights and private international law. The topic is: "Minor’s Right to information in EU civil cases: Improving children’s right to information in cross-border civil cases." Program and registration are here.
Yoram Dinstein (Tel Aviv Univ.) has posted Legal Advisers in the Field During Armed Conflict (International Law Studies, forthcoming). Here's the abstract:
Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently reflects customary international law. This essay examines how the requirement is implemented by States and how States view the specific role of the legal adviser, their relationship to the military commander, their training (as well the commander’s training), and responsibility for faulty advice.
Obstruction of Justice at the International Criminal Court: A Comparison with the United States, Germany and the International Criminal Tribunal for the Former Yugoslavia (Duncker & Humblot 2021). Here's the abstract:
Criminal proceedings are at constant risk of being disrupted, be it by witness interference, false testimonies or other forms of obstruction of justice. National legal systems extensively penalize such obstructive acts in order to protect their criminal trials, and even US Presidents could face consequences for obstruction of justice, as was exemplified by Richard Nixon and Donald Trump. The problem of obstruction of justice is particularly acute in international criminal trials, many of which are affected by witness interference and other obstructive acts. Yet the penalization of obstruction of international criminal justice is hardly an issue in practice or in the academic world. This study analyses the criminal law on obstruction of justice at the International Criminal Court and compares it with the respective legal regimes of Germany, the United States federal system, and the International Criminal Tribunal for the former Yugoslavia. Does the obstruction law of the International Criminal Court protect its proceedings in equal measure?
Eccleston-Turner & Rourke: The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines
Mark Eccleston-Turner (Keele Univ.) & Michelle Rourke (Griffith Univ.) have posted an ASIL Insight on The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines.
Friday, May 28, 2021
Volume 415 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
- Volume 415
- Peter Trooboff, Globalization, Personal Jurisdiction and the Internet
Thursday, May 27, 2021
The latest issue of the International Journal of Human Rights (Vol. 25, no. 5, 2021) is out. Contents include:
- Fulfilling the Cultural and Language Rights of Minorities and Indigenous Peoples
- Katerina Hatzikidi, Corinne Lennox & Alexandra Xanthaki, Cultural and language rights of minorities and indigenous peoples
- Katerina Hatzikidi, Cultural mediators and the protection of ethnic minority cultural rights: reflecting on successes and challenges around quilombo heritage in Brazil
- Ross Holder, On the interrelatedness of human rights, culture and religion: considering the significance of cultural rights in protecting the religious identity of China’s Uyghur minority
- Jessika Eichler, Intangible cultural heritage, inequalities and participation: who decides on heritage?
- Rehnuma Sazzad, Language movements in Sri Lanka and Pakistan: exploring global conflicts of language and cultural rights with other human rights
- Ekaterina Arutyunova & Konstantin Zamyatin, An Ethnolinguistic conflict on the compulsory learning of the state languages in the republics of Russia: policies and discourses
- Siu Lang Carrillo Yap, The role of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (ICH Convention) in the protection of traditional forest-related knowledge (TFRK) of Amazonian indigenous peoples
Volume 414 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
- Volume 414
- Alain Pellet, Le droit international à la lumière de la pratique: l’introuvable théorie de la réalité. Cours général de droit international public
The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 21, no. 2, June 2021) is out. Contents include:
- Tobias Nielsen, Nicolai Baumert, Astrid Kander, Magnus Jiborn & Viktoras Kulionis, The risk of carbon leakage in global climate agreements
- Takahiro Oki, European fuel economy policy for new passenger cars: a historical comparative analysis of discourses and change factors
- Yayun Shen & Michael Faure, Green building in China
- Nicholas Chan, Beyond delegation size: developing country negotiating capacity and NGO ‘support’ in international climate negotiations
- Aigul Nukusheva, Gulzhazira Ilyassova, Dinara Rustembekova, Roza Zhamiyeva & Leila Arenova, Global warming problem faced by the international community: international legal aspect
- Carl Middleton & David J. Devlaeminck, Reciprocity in practice: the hydropolitics of equitable and reasonable utilization in the Lancang-Mekong basin
- Tobias Renner, Sander Meijerink, Pieter van der Zaag & Toine Smits, Assessment framework of actor strategies in international river basin management, the case of Deltarhine
- Alexandra-Maria Bocse, Hybrid transnational advocacy networks in environmental protection: banning the use of cyanide in European gold mining
- Osman Devrim Elvan, Üstüner Birben, & Hasan Emre Ünal, The effectiveness of the Bern Convention on wildlife legislation and judicial decisions in Turkey
- Andreas Kokkvoll Tveit, Does capacity increase compliance? Examining evidence from European cooperation against air pollution
The latest issue of Ocean Development & International Law (Vol. 52, no. 2, 2021) is out. Contents include:
- Wenlan Yang, Protecting Submarine Cables From Physical Damage Under Investment Law
- Hayley Roberts, Identifying “Exclusionary Agreements”: Agreement Type as a Procedural Limitation in UNCLOS Dispute Settlement
- Ethan Beringen, Nengye Liu & Michelle Lim, Australia as a Middle Power: Challenging the Narrative of Developed/Developing States in International Negotiations Surrounding Marine Genetic Resources
- Robin Churchill, Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law?
- Pierre Thévenin, A Liberal Maritime Power as Any Other? The Soviet Union during the Negotiations of the Law of the Sea Convention
Wednesday, May 26, 2021
Nordic Journal of Human Rights has issued a call for submissions for a special issue to mark its fortieth anniversary. The theme is: "The Future of Human Rights." The call is here.
AJIL Unbound has posted a symposium on "Interstate Disputes Over Water Rights." The symposium includes an introduction by Gabriel Eckstein and James Salzmane and contributions by Susanne Schmeier, Francesco Sindico, Salman M.A. Salman, Mara Tignino, Dinara R. Ziganshina, and Gabriel Eckstein.
Hossain: Russia’s Proposed Extended Continental Shelf in the Arctic Ocean: Science Setting the Stage for Law
Kamrul Hossain (Univ. of Lapland - Northern Institute for Environmental and Minority Law) has posted an ASIL Insight on Russia’s Proposed Extended Continental Shelf in the Arctic Ocean: Science Setting the Stage for Law.
On June 11, 2021, the TRICI-Law project and the Department of Transboundary Legal Studies of the University of Groningen will hold an online workshop on "Interpretation in International Law: Rules, Content, and Evolution." Program and registration are here.
The journal Trade, Law and Development has issued a call for submissions for its Winter 2021 issue (Vol. 13, no. 2). The call is here. The deadline is August 1, 2021.
On May 31, 2021, the Oxford Transitional Justice Research Group, the Bonavero Institute of Human Rights, and the Oxford Institute for Ethics, Law and Armed Conflict’s Programme for International Peace and Security will host a discussion of Kriangsak Kittichaisaree’s (Judge, International Tribunal for the Law of the Sea) forthcoming book The Rohingya, Justice and International Law. Details and registration are here.
The latest issue of the Asian Journal of International Law (Vol. 11, no. 1, January 2021) is out. Contents include:
- Notes and Comments
- Raghavi Viswanath, Elevating Cultural Rights Using International Criminal Law—The Asian Story
- Abhishek Trivedi, The ICJ's Jadhav Judgment and Its Implications for Pakistan and India under International Law
- Christian Schultheiss, “One of the First Matters to be Addressed but Distinct” or “Distinct but Inseparable”? The Distinction Between Maritime Entitlement and Sea Boundary Delimitation in the Philippines v. China Arbitration
- Mohammad Belayet Hossain, Asmah Laili Bt Yeon, Ahmad Shamsul Bin Abd. Aziz, FDI and Dispute Settlement Arrangements in Bangladesh: Issues and Challenges
- Marco Longobardo, The Legality of Closure on Land and Safe Passage Between the Gaza Strip and the West Bank
- Vid Prislan, Challenging Domestic Judgments Through Investment Arbitration: Implications for the Forced Labour Litigation in Korea?
- Andrew Serdy, Seabed Boundaries in the Northern Bay of Bengal: The Unclear Role of the Commission on the Limits of the Continental Shelf in Paving the Way to Resource Exploitation
- Simon McKenzie, Autonomous Technology and Dynamic Obligations: Uncrewed Maritime Vehicles and the Regulation of Maritime Military Surveillance in the Exclusive Economic Zone
- Mohsen Al Attar, Must International Legal Pedagogy Remain Eurocentric?
Tuesday, May 25, 2021
European Convention on Human Rights Law Review (Vol. 2, no. 1, 2021) is out. Contents include:
- Kanstantsin Dzehtsiarou & Vassilis P Tzevelekos, Interim Measures: Are Some Opportunities Worth Missing?
- Başak Çali, Autocratic Strategies and the European Court of Human Rights
- Armen Harutyunyan, The Future of the European Court of Human Rights in the Era of Radical Democracy
- Philip Leach, On Inter-State Litigation and Armed Conflict Cases in Strasbourg
- Eva Hauksdóttir, Restricting Freedom of Expression for Religious Peace: On the echr’s Approach to Blasphemy
- Jeremy Letwin, Why Completeness and Coherence Matter for the European Court of Human Rights
On May 27, 2021, the ESIL Interest Group on the Law of the Sea will host the second session of its webinar series on “Current Issues in the Law of the Sea.” The topic is “Questions of Evidence in Law of the Sea Adjudication” and will be delivered by Marco Benatar (International Tribunal for the Law of the Sea). Details are here.
Tomorrow, May 26, 2021, Bedford Row will host a webinar on "The Protection of Cultural Heritage by the International Criminal Court." Details are here.
The American Society of International Law has issued a call for session ideas for its 116th Annual Meeting, which will take place April 6-9, 2022, in Washington, DC. The conference theme is: "Personalizing International Law." The deadline is July 12, 2021. The call is here.
Netherlands International Law Review (Vol. 68, no. 1, May 2021) is out. Contents include:
- Yoshifumi Tanaka, The Legal Consequences of Obligations Erga Omnes in International Law
- Sarah Thin, Community Interest and the International Public Legal Order
- Benedict Abrahamson Chigara, Treaty-text Loyalists’ Burden with Subsequent State Practice
- Pranay Lekhi, The Nuclear Problem: A Communitarian Response
- Medes Malaihollo, Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights
Monday, May 24, 2021
The latest issue of the Journal of Conflict & Security Law (Vol. 26, no. 1, Spring 2021) is out. Contents include:
- Rebecca Barber, Revisiting the Legal Effect of General Assembly Resolutions: Can an Authorising Competence for the Assembly be Grounded in the Assembly’s ‘Established Practice’, ‘Subsequent Practice’ or Customary International Law?
- Bulbul Khaitan, Alternative to the Existing Rule of Attribution for Use of Force by Non-State Actors in an Armed Conflict
- Yutaka Arai-Takahashi, Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law
- C Sophia Müller, The Role of Law in Enforcing Peace Agreements: Lessons Learned from Colombia
- Marco Bocchese, El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia
- James D Fry & Saroj Nair, Deconstructing Dud Disarmament Disputes
- Christophe Paulussen, Towards a Right to Sustainable Security of Person in Times of Terrorism? Assessing Possibilities and Limitations Through a Critical Evaluation of Citizenship Stripping and Non-Repatriation Policies
The latest issue of the International Organizations Law Review (Vol. 18, no. 1, 2021) is out. Contents include:
- Janina Barkholdt, The Contribution of International Organizations to the Formation, Interpretation and Identification of International Law: Questions Arising from the Work of the International Law Commission
- Gabriele Gagliani, The WIPO-WTO Relationship: Moving beyond the Forum-Shifting Theory?
- Erika de Wet, The Controversial Role of Litigation in the Struggle to Revive Individual Access to the Tribunal of the Southern African Development Community
- Elisa Tino, Liberty of Entering in International Agreements and Compliance of International Obligations: Some Remarks Alongside the South African Courts’ Judgments on the SADC Tribunal
The African Society of International Law has issued a call for papers for its 10th Annual Conference, to take place October 29-30, 2021. The theme is: "Africa and International Trade Law." The call is here.
Conference: Theories of International Responsibility Law/Théories du droit de la responsabilité internationale
On June 25, 2021, the Collège de France will host an online conference on "Theories of International Responsibility Law/Théories du droit de la responsabilité internationale." The conference will be bilingual English-French, without simultaneous translation. Program and registration are here.
Sunday, May 23, 2021
Reconsidering REDD+: Authority, Power and Law in the Green Economy (Cambridge Univ. Press 2021). Here's the abstract:
In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.
Revista Derechos en Acción (No. 18, Verano 2020-2021) focuses on "Fondo Monetario Internacional y derechos humanos." This issue is available open access here. The table of contents is here.
Jus Gentium: Journal of International Legal History (Vol. 6, no. 1, 2021) is out. Contents include:
- Y. Gamarra, Public Uses of the History of International Law
- Tony Carty, The Shandong Question at Versailles and After: A War to Preserve the Sanctity of Treaties?
- S. Yu. Marochkin, The 1949 Geneva Conventions 70 Years On: Impact on International Law and National Legal Systems
- Kit de Vriese, Napoleon, Anzilotti, and the Origins of Attributing State Responsibility
- N. Hendel, The Development of State Cooperation in Public Health
- Notes and Comments
- S. V. Bakhin, N. S. de Galet – Forgotten Name in the History of Private International Law
- N. Fujinami, Hasan Fehmi Pasha and the Birth of Ottoman International Legal Studies
- V. S. Ivanenko, Antoni Białecki: Warsaw International Lawyer
- M. H. Hoeflich & S. Buckley, International Law Texts in American Law Libraries: 1785–1900
- Documents and Other Evidence of State Practice
- B. Yatvetsky, T. Korotkyi, & N. Hendel, Zhabotinskii (Jabotintsky) and the Nationalities Issue in International Law
- Z. Zhabotinskii, Self-Government of a National Minority
- P. Macalister-Smith & J. Schwietzke, A Brief Calendar of State Practice for Shandong: 1897–1924: Part Three (1910–1913): Dollar Diplomacy
Call for Papers: Taming the many-headed monster? Secondary Sanctions in the International Legal Order
The Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) have issued a call for papers for a conference on "Taming the many-headed monster? Secondary Sanctions in the International Legal Order," to take place December 2-3, 2021. The call is here.
The latest issue of the Human Rights Quarterly (Vol. 43, no. 2, May 2021) is out. Contents include:
- Payam Akhavan, Viral Violence: Infectious Disease and Genocide
- Yuzuki Nagakoshi, The Scope and Implications of the International Criminal Court's Jurisdictional Decision over the Rohingya Crisis
- Rhona Smith, Relocating Floating Communities in Cambodia: Kampong Chhnang
- Benjamin Gregg, Against Essentialism in Conceptions of Human Rights and Human Nature
- Nina Reiners, Despite or Because of Contestation? How Water Became a Human Right
- Jayne-Leigh Thomas & Krystiana L. Krupa, Bioarchaeological Ethics and Considerations for the Deceased
- Karine Vanthuyne, "I Want to Move Forward. You Can Move Forward too." Articulating Indigenous Self-Determination at the Truth and Reconciliation Commission of Canada
- Amy Raub, Vahe Khachadourian, Elizabeth Wong, Aleta Sprague, Milad Pournik, & Jody Heymann, Ending Sexual Harassment at Work: Creating a Baseline on Laws in 193 Countries
Black-Branch: The Treaty on the Prohibition of Nuclear Weapons: Legal Challenges for Military Doctrines and Deterrence Policies
The Treaty on the Prohibition of Nuclear Weapons: Legal Challenges for Military Doctrines and Deterrence Policies (Cambridge Univ. Press 2021). Here's the abstract:
The Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.