The Supreme Court of the Netherlands in Urgenda held that States had a customary obligation to implement their ‘fair share’ in achieving the 2°C temperature limitation target they had agreed upon. Yet, this article argues, the notion that States must adopt or implement mitigation action in line with temperature targets finds no support in treaty or customary law. States’ acceptance of temperature targets as a collective objective is relevant to interpreting the standard of due diligence applicable to mitigation obligations only inasmuch as this objective is actually reflected in consistent State practice. At present, temperature targets represent essentially an agreement on a direction of travel: the need for more mitigation action. Over time, the acceptance of this objective could facilitate further legal developments as States agree on particular implications of temperature targets and on a requirement that each of them acts consistently with its interpretation of these targets.
Friday, June 11, 2021
- Manuel Fröhlich, World Organization Epitomized: The Life and Legacy of Sir Brian Urquhart
- Cecilia Jacob, Institutionalizing Prevention at the UN: International Organization Reform as a Site of Norm Contestation
- Emizet F. Kisangani & David F. Mitchell, The Impact of Integrated UN Missions on Humanitarian NGO Security: A Quantitative Analysis
- Kseniya Oksamytna & Magnus Lundgren, Decorating the “Christmas Tree”: The UN Security Council and the Secretariat’s Recommendations on Peacekeeping Mandates
- Megan Bradley, Joining the UN Family? Explaining the Evolution of IOM-UN Relations
- Marco Bocchese, In the Eye of the Beholder: Elite Assessments of the ICC’s Performance
- Hortense Jongen & Jan Aart Scholte, Legitimacy in Multistakeholder Global Governance at ICANN
Thursday, June 10, 2021
The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination. The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more.
- Special Tribute to William P. Alford
- Martha Minow, A Scholar and Administrator Attuned: Saluting William P. Alford
- Xingzhong Yu, Virtue and Knowledge across Space and Time: A Tribute to Professor William P. Alford
- Benjamin L. Liebman, William P. Alford: Kindness, Integrity, and Insight
- Chang-fa Lo, Passion and Compassion Being the Key Characteristics of a Successful Legal Educator: Professor William P. Alford Is Hao Laoshi with Such Characteristics
- Ruth L. Okediji, Culture and the Globalization of Knowledge Production: A Tribute to William P. Alford
- Seung Wha Chang, Platform Nine and Three-Quarters in Harvard Law Station
- Jerome A. Cohen, Putting Lawyers (of All Types) High on Professor William P. Alford's Future Agenda
- Angela Ciccolo & Tim Shriver, William P. Alford: A Legacy of Inclusion
- Michael A. Stein, Scholar, Mensch, and Disability Rights Champion: A Tribute to Professor William P. Alford
- Mark Wu, Wise Lessons in Virtue: A Tribute to Professor William P. Alford
- Matthew S. Erie, Chinese Law and Development
- Rebecca J. Hamilton, Governing the Global Public Square
- Stephen Kim Park & Tim R. Samples, Distrust, Disorder, and the New Governance of Sovereign Debt
- Alyssa S. King, Global Civil Procedure
- Jonathan Bonnitcha & Emma Aisbett, Against Balancing: Revisiting the Use/Regulation Distinction To Reform Liability and Compensation Under Investment Treaties
- Yong-Shik Lee, Natsu Taylor Saito, & Jonathan Todres, The Fallacy of Contract in Sexual Slavery: A Response to Ramseyer's "Contracting for Sex in the Pacific War"
- Valentina Vadi, Crisis, Continuity, and Change in International Investment Law and Arbitration
Wednesday, June 9, 2021
- Michael A Newton, Absolutist Admissibility at the ICC: Revalidating Authentic Domestic Investigations
- Diletta Marchesi, The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements
- Tomer Levinger, Denying the Right of Return as a Crime Against Humanity
Webinar: Is the future BBNJ agreement going to fill all relevant gaps relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction?
- Ianiv Garfunkel, The Referral of the Situation in Venezuela to the International Criminal Court: The Office of the Prosecutor Should Not Step In… Yet
- Deniz Arbet Nejbir, Applying Humanitarian Law: A Review of the Legal Status of the Turkey–Kurdistan Workers’ Party (pkk) Conflict
- Emilia Pabian, Prolonged Occupation and Exploitation of Natural Resources: A Focus on Natural Gas off the Coast of Northern Cyprus
- Cristina Teleki, Detainee Operations in Ukraine: Risk or Opportunity for International Law?
- Piergiuseppe Parisi, Fact-Finding in Situations of Atrocities: In Search of Legitimacy
Tuesday, June 8, 2021
Iverson: Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace
In Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la letter, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.
In a world affected by the Covid-19 global pandemic, where more financial resources would be needed for medicines instead of weapons, all nuclear States – whether parties to the Nuclear Non-Proliferation Treaty or not, whether democratic or authoritarian regimes – keep modernising their nuclear arsenal. Despite this attitude, which highlights the crisis of the nuclear non-proliferation regime, since the launch of the “Humanitarian Initiative” in 2010, nuclear disarmament has been at the centre of the action of an increasing number of countries, with the strong support of NGOs. This phenomenon gave unprecedented visibility and significance to the topic, and allowed the entry into force in 2021 of the 2017 Treaty on the Prohibition of Nuclear Weapons, the first legally binding international agreement to comprehensively prohibit nuclear weapons, in order to achieve their total elimination. These recent developments show that there are hopes and challenges in a pluralistic world where nuclear and non-nuclear weapons States continue to confront each other in this highly sensitive area. It is against this background that readers are offered a set of different perspectives on these weapons of mass destruction, authored by a multidisciplinary team of contributors from a wide array of geographical areas.
Special Issue: Derecho Internacional Económico: Temas actuales en comercio, inversión y derecho transnacional
- Derecho Internacional Económico: Temas actuales en comercio, inversión y derecho transnacional
- Luciano Pezzano, El artículo XXI del GATT y la agresión: hacia una interpretación compatible con la unidad del orden jurídico internacional
- Natalia Gallardo-Salazar & Jaime Tijmes-IHL, La Alianza del Pacífico y el CPTPP: ¿alternativas para la solución de diferencias ante la OMC?
- Pablo Guillermo Peña Alegría, María Ángela Sasaki Otani, & Carlos Trinidad Alvarado, ¿Cómo enverdecer el derecho comunitario andino?: propuestas para insertar políticas de precios al carbono en un contexto de recuperación verde de la Comunidad Andina
- Christian Carbajal Valenzuela & Yolanda Mendoza Neyra, El arbitraje internacional de inversiones y la lucha internacional contra la corrupción
- Juan-Felipe Toro-Fernandez & Jaime Tijmes-IHL, Los capítulos de inversiones en la Alianza del Pacífico, el CPTPP y el T-MEC: convergencia sustantiva, divergencia procesal
- José Antonio Pejovés Macedo, Ventas marítimas y confluencia contractual
- Adriana Mae Molina Rivas, La necesidad de actualización y perfeccionamiento de la regulación de la insolvencia transfronteriza en Cuba
- Klaas Willaert & Pradeep A Singh, Deep Sea Mining Partnerships with Developing States: Favourable Collaborations or Opportunistic Endeavours?
- Michael Sheng-ti Gau & Gang Tang, The Operation of the CLCS Facing Disputes: An Examination of the Rules and Practices
- Alexander Lott, The (In)applicability of the Right of Innocent Passage in the Gulf of Finland – Russia’s Return to a Mare Clausum?
- Lena Schøning, The Contribution of Integrated Marine Policies to Marine Environmental Protection: The Case of Norway
- Sandrine W. De Herdt, In the Name of Equality: The ‘Bengal Rule’
- Ekaterina Antsygina, Prohibition of Bottom Trawling on Extended Continental Shelves: Creeping Jurisdiction or Enforcement of Sovereign Rights?
- Talitha Ramphal, The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup
- Gabriela A. Oanta, Resolving the United Kingdom and European Union Membership of Regional Fisheries Management Organisations Post Brexit
Monday, June 7, 2021
Vasconcelos Vilaça & Varaki: Ethical Leadership in International Organizations: Concepts, Narratives, Judgment, and Assessment
This book offers an innovative interdisciplinary approach that elucidates the importance of virtue ethics to help better understand the role of leadership in international organisations. The authors use a combination of theoretical and conceptual narratives as well as case studies to highlight both the advantages and weaknesses that the angle of virtue ethics offers. A particularly important step in times of uncertainty or crisis when the demand for leadership becomes more urgent yet more daunting. In this sense, this volume oscillates between critique and hope, since it provides a plausible, rather than a purely abstract, approach to the conceptualization and concretization of ethical leadership.
- Jean-François Drolet & Michael C. Williams, The radical Right, realism, and the politics of conservatism in postwar international thought
- Rens van Munster & Casper Sylvest, Nuclear weapons, extinction, and the Anthropocene: Reappraising Jonathan Schell
- Yih-Jye Hwang, Reappraising the Chinese School of International Relations: A postcolonial perspective
- Hortense Jongen, Peer review and compliance with international anti-corruption norms: Insights from the OECD Working Group on Bribery
- Andrea Liese, Jana Herold, Hauke Feil, & Per-Olof Busch, The heart of bureaucratic power: Explaining international bureaucracies’ expert authority
- Naghmeh Nasiritousi & Hugo Faber, Legitimacy under institutional complexity: Mapping stakeholder perceptions of legitimate institutions and their sources of legitimacy in global renewable energy governance
Streinz: International Economic Law's Regulation of Data as a Resource for the Artificial Intelligence Economy
This chapter for a forthcoming volume on artificial intelligence and international economic law surveys regulatory interventions through which governments seek to enhance domestic companies’ access to data: Mandatory data sharing requirements (as under the EU’s new financial services regulations), data transfer restrictions (as under India’s draft ecommerce policy), and open data initiatives (as under Singapore’s ‘smart nation’ initiative)— all seek to make more data available with the aim of spurring innovation and growth in the artificial intelligence economy. Such measures are indirectly affected by existing and newly emerging rules of international economic law. International investment law is likely to be mobilized in defense against governments that seek to mandate data sharing from private data holders, while new rules on “digital trade” are meant to ensure transnational data mobility. In sum, international economic law regulates data in favor of data-holders’ ability to retain control over data location and use and constrains states’ ability to confront asymmetric control over data.
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime.
The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law.
The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
In the history of how the law has dealt with environmental issues over the last century or so, the 1920s and 30s and the key role of the League of Nations in particular remain underexplored by scholars. By delving into the League's archives, Omer Aloni uncovers the story of how the interwar world expressed similar concerns to those of our own time in relation to nature, environmental challenges and human development, and reveals a missing link in understanding the roots of our ecological crisis. Charting the environmental regime of the League, he sheds new light on its role as a centre of surprising environmental dilemmas, initiatives, and solutions. Through a number of fascinating case studies, the hidden interests, perceptions, motivations, hopes, agendas and concerns of the League are revealed for the first time. Combining legal thought, historical archival research and environmental studies, a fascinating period in legal-environmental history is brought to life.
Sunday, June 6, 2021
- Understanding Ceasefires
- Corinne Bara, Govinda Clayton & Siri Aas Rustad, Understanding Ceasefires
- Govinda Clayton, Laurie Nathan & Claudia Wiehler, Ceasefire Success: A Conceptual Framework
- Malin Åkebo, Ceasefire Rationales: A Comparative Study of Ceasefires in the Moro and Communist Conflicts in the Philippines
- Kolby Hanson, Live and Let Live: Explaining Long-term Truces in Separatist Conflicts
- Claudia Wiehler, Deciding on the Tit for the Tat: Decision-Making in the Wake of Ceasefire Violations
- Júlia Palik, Watchdogs of Pause: The Challenges of Ceasefire Monitoring in Yemen
- Margaux Pinaud, Home-Grown Peace: Civil Society Roles in Ceasefire Monitoring
- Alex Waterman, Ceasefires and State Order-Making in Naga Northeast India