This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.
International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law.
Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law.
Saturday, July 24, 2021
Investors’ International Law (Hart Publishing 2021). The table of contents is here. Here's the abstract:
Friday, July 23, 2021
Jus Gentium: Journal of International Legal History (Vol. 6, no. 2, 2021) is out. Contents include:
- Olga Butkevych, Theory of the History of International Law: Methodology, Grounds, and Developments
- W. E. Butler, The English Translators and Publishers of Grotius on War and Peace: 1654–1928
- Zenghua Zhuo, China and the Unequal Treaties: Localization, Variation, and Response
- Notes and Comments
- W. E. Butler, Ruminations on DNA and the History of International Law
- P. Macalister-Smith, Georg von Gretschaninow (1892–1973): Émigré Jurist Stateless at Berlin and Heidelberg. A Concise Bio-Bibliography
- Documents and Other Evidence of State Practice
- W. E. Butler, Royal Naval Instructions Implementing the 1817 Anglo-Spanish Treaty on Illicit Trafficking of Slaves
- P. Macalister-Smith & J. Schweitzke, A Brief Calendar of State Practice for Shandong: 1897–1914. Part Four (1914): Into World War
American Journal of International Law (Vol. 115, no. 3, July 2021) is out. Contents include:
- Jorge Contesse, The Rule of Advice in International Human Rights Law
- Benoit Mayer, Climate Change Mitigation as an Obligation Under Human Rights Treaties?
- Frédéric Mégret, Are There “Inherently Sovereign Functions” in International Law?
- Current Developments
- Dapo Akande, Payam Akhavan, Eirik Bjorge, Economic Sanctions, International Law, and Crimes Against Humanity: Venezuela's ICC Referral
- International Decisions
- James G. Devaney & Christian J. Tams, In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident
- Craig D. Gaver, Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives)
- 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
- Peter J. Spiro, reviewing Nationals Abroad: Globalization, Individual Rights, and the Making of Modern International Law, by Christopher A. Casey
The latest issue of the European Journal of International Law (Vol. 32, no. 1, February 2021) is out. Contents include:
- Editorial: On My Way In II: Countering Gender Stereotypes in Letters of Reference and Shifting Academic Valorization While We Are at It; Changes in the Masthead; In This Issue; In this Issue – Reviews
- EJIL Symposium Issue: International and Democracy Revisited
- Jan Klabbers, Doreen Lustig, André Nollkaemper, Sarah Nouwen, Michal Saliternik, & Joseph H H Weiler, International Law and Democracy Revisited: Introduction to the Symposium
- EJIL Debate!
- Akbar Rasulov, ‘From the Wells of Disappointment’: The Curious Case of the International Law of Democracy and the Politics of International Legal Scholarship
- Brad R Roth, The Trajectory of the Democratic Entitlement Thesis in International Legal Scholarship: A Reply to Akbar Rasulov
- Giacomo Tagiuri, Can Supranational Law Enhance Democracy? EU Economic Law as a Market-Democratizing Project
- Deborah Whitehall, The Ship of Democracy
- Jochen von Bernstorff, New Responses to the Legitimacy Crisis of International Institutions: The Role of ‘Civil Society’ and the Rise of the Principle of Participation of ‘The Most Affected’ in International Institutional Law
- Barrie Sander, Democratic Disruption in the Age of Social Media: Between Marketized and Structural Conceptions of Human Rights Law
- Roaming Charges: Barrista, San Juan
- Critical Review of Governance
- Erika de Wet, The African Union’s Struggle Against ‘Unconstitutional Change of Government’: From a Moral Prescription to a Requirement under International Law?
- Ayelet Berman, Between Participation and Capture in International Rule-Making: The WHO Framework of Engagement with Non-State Actors
- Critical Review of Jurisprudence
- Dmitry Kurnosov, Pragmatic Adjudication of Election Cases in the European Court of Human Rights
- Matthew Saul, Shaping Legislative Processes from Strasbourg
- Review Essays
- Itamar Mann, Attack by Design: Australia’s Offshore Detention System and the Literature of Atrocity
- Richard Clements, Near, Far, Wherever You Are: Distance and Proximity in International Criminal Law
- Book Reviews
- Kirsten Sellars, reviewing Francine Hirsch, Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II
- Robert McCorquodale, reviewing of Martina Buscemi, Nicole Lazzerini, Laura Magi and Deborah Russo (eds), Legal Sources in Business and Human Rights: Evolving Dynamics in International and European Law
- Gail Lythgoe, reviewing Alex Jeffrey, The Edge of Law: Legal Geographies of a War Crimes Court
- Umut Özsu, reviewing Christopher R. W. Dietrich, Oil Revolution: Anticolonial Elites, Sovereign Rights, and the Economic Culture of Decolonization
- Helmut Philipp Aust, reviewing Malgosia Fitzmaurice and Panos Merkouris, Treaties in Motion: The Evolution of Treaties from Formation to Termination
- Fernando Dias Simões, reviewing Katia Fach Gómez, Key Duties of International Investment Arbitrators: A Transnational Study of Legal and Ethical Dilemmas
- The Last Page
- 29 and 30 November 2020
The latest issue of the International Community Law Review (Vol. 23, nos. 2-3, 2021) is out. Contents include:
- Special Issue: The Impact of Climate Change on International Law and European Union Law
- Łukasz Kułaga, The Impact of Climate Change on States: The Territorial Aspect
- Vladyslav Lanovoy & Sally O’Donnell, Climate Change and Sea-Level Rise. Is the United Nations Convention on the Law of the Sea up to the Task?
- Agata Bator & Agnieszka Borek, Adaptation to Climate Change under Climate Change Treaties
- Karolina Mordasewicz & Marcin Kowalczyk, Legal Aspects of Adaptation Finance under the UNFCCC Regime with Special Reference to the Adaptation Fund
- Jason Rudall, The Obligation to Cooperate in the Fight against Climate Change
- Przemysław Siwior, The Potential of Application of the ECHR in Climate Change Related Cases
- Piotr Szwedo, Climate Change and the Human Right to Water
- Stefania Negri, Climate Change and Global Health: Exploring Regime Interaction and the Role of the Right to Health Argument in International Climate Litigation
- Malgosia Fitzmaurice, Biodiversity and Climate Change
- Dorota Pyć, Ship Energy Efficiency Measures and Climate Protection
- Bartłomiej Krzan, Protecting the Environment from the Perspective of the Law of Armed Conflict: Trying to Fit in Climate Change
- Joanna Bukowska, Piotr Świat, & Anna Sosnowska, The Participation of the Council of the European Union and the European Commission in the Process of Concluding International Agreements on Climate Protection
- Marek Jaśkowski, External Aspects of the EU ETS in Aviation in Light of CORSIA
- Monika Adamczak-Retecka & Olga Śniadach, Towards a Redefinition of the Food Security Concept in the Light of Climate Change: The European Union Law Perspective
- Sarah Mead & Margaretha Wewerinke-Singh, Pacific Island Countries’ Contributions
Thursday, July 22, 2021
Paiusco: Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law
Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law (Nomos 2021). Here's the abstract:
This book investigates nullum crimen sine lege as European principle in its interpretation by the European Court of Human Rights. The research focuses on the role of foreseeability as a solution to the legality issues raising from judge-made law in criminal law. The rationale and application of foreseeability in ECtHR case-law are scrutinised, trying to extract its main development paths. Current solutions adopted by civil law States (Italy and Germany) are analysed also considering the theoretical foundations of ncsl. Moreover, the role of foreseeability in EU law is considered, as an example of an effectiveness-oriented legal order. In the end, future perspectives for the implementation of the principle of foreseeability are analysed.
On September 28-October 1, 2021, the International Society for Military Law and the Law of War will hold the fourth "Silent leges inter arma?" conference in Bruges. The program is here. The invitation is here. The application form is here.
Wednesday, July 21, 2021
Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 81, no. 2, 2021) is out. Contents include:
- Achilles Skordas, Authoritarian Global Governance? The Russian-Chinese Joint Statement of March 2021
- Csongor István Nagy, Ein Vorschlag zur Lösung der europäischen Rechtsstaatlichkeitskrise: die Lehre der Diagonalität
- Lisa Mardikian, In-Between an Economic Freedom and a Human Right: A Hybrid Right to Private Property
- Diego Zannoni, Something or Somebody? The Human Embryo Between Protection of Life and Interest in Scientific Research
- Jean Mohamed, Aspects of European Legal Harmonisation: When European Politicised Law Meets Freedom of Establishment and Vice Versa
- Tobias Mast, Gute Öffentlichkeitsarbeit und die Europäische Union
- Mark Somos, Edward Jones Corredera, & George Gallwey, Sir Daniel Dun’s Mare liberum and the 1613 Anglo-Dutch Conference
- Caroline Omari Lichuma, (Laws) Made in the ‘First World’: A TWAIL Critique of the Use of Domestic Legislation to Extraterritorially Regulate Global Value Chains
- Silvia Steininger, With or Without You: Suspension, Expulsion, and the Limits of Membership Sanctions in Regional Human Rights Regimes
The latest issue of the Michigan Journal of International Law (Vol. 42, no. 3, 2021) is out. Contents include:
- Cochav Elkayam-Levy, A Path to Transformation: Asking “The Woman Question” in International Law
- Juliette McIntyre, Revisiting the International Court of Justice Procedure for the Revision of Judgments
- Mark Nevitt, Is Climate Change a Threat to International Peace and Security?
- Sara L. Ochs, Propaganda Warfare on the International Criminal Court
Tuesday, July 20, 2021
Leiter: Protecting Concessionary Rights: General Principles and the Making of International Investment Law
Andrea Leiter (Univ. of Amsterdam - Amsterdam Center for International Law) has posted Protecting Concessionary Rights: General Principles and the Making of International Investment Law (Leiden Journal of International Law, forthcoming). Here's the abstract:
This article engages with the history of international investment law in the first half of the 20th century. It traces how British international lawyers and economists inscribed their vision of an international legal order protecting private property of Western companies against attempts at nationalisation in the wake of socialist revolutions and the decolonisation of large parts of the world. The article focuses on the role of ‘general principles of law as recognized by civilized nations’ as building blocks for an international legal order today called international investment law. Based on the analysis of arbitrations over disputes resulting from concession agreements and scholarly writings in the interwar period, this contribution draws out the modes of authorisation upon which these invocations rested. At the heart of the vision were ideas of ‘modernity’ ‘civilisation’ ‘equity’ and ‘justice’ that enabled a temporalization of difference, locating Western claims to legality above rivalling claims of socialist and ‘newly independent’ states. These ideas ultimately constituted the paradox of a ‘modern law of nature’ that claimed timeless universality while authorising the ordering of foreign property in line with Western conceptions of modernity.
Jus Cogens (Vol. 3, no. 1, 2021) is out. Contents include:
- Special Issue: Debating A. Buchanan's 'Our Moral Fate. Evolution and the Escape from Tribalism'
- Claudio Corradetti, What Makes Us Human? Evolution, Intentionality and Moral Progress
- Andrew Buchwalter, Human Dignity and the Intercultural Theory of Universal Human Rights
- John Tasioulas, “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law
- Kim Sterelny, On Our Moral Fate
- Simona Tiribelli, Debating Buchanan’s Our Moral Fate: Why Exercising Moral Reasoning Cannot Be a Luxury Good
- Colleen Murphy, Transitional Justice and Our Moral Fate
- Claudio Corradetti, Morality and Tribalism
- Allen Buchanan, Replies to Commentators
Big Data and Global Trade Law (Cambridge Univ. Press 2021). The table of contents is here. Here's the abstract:
This collection explores the relevance of global trade law for data, big data and cross-border data flows. Contributing authors from different disciplines including law, economics and political science analyze developments at the World Trade Organization and in preferential trade venues by asking what future-oriented models for data governance are available and viable in the area of trade law and policy. The collection paints the broad picture of the interaction between digital technologies and trade regulation as well as provides in-depth analyses of critical to the data-driven economy issues, such as privacy and AI, and different countries' perspectives.
Burci & Perron-Welch: International Sharing of Human Pathogens to Promote Global Health Security—Still a Work in Progress
Gian Luca Burci (Graduate Institute of International and Development Studies) & Frederic Perron-Welch (Leiden Univ. - Grotius Centre for International Legal Studies) have posted an ASIL Insight on International Sharing of Human Pathogens to Promote Global Health Security—Still a Work in Progress.
Green & McKenzie: Looking Without and Looking Within: Nestlé v. Doe and the Legacy of the Alien Tort Statute
Kayla Winarsky Green (Danish Institute for Human Rights) & Timothy McKenzie (Internatonal Court of Justice) have posted an ASIL Insight on Looking Without and Looking Within: Nestlé v. Doe and the Legacy of the Alien Tort Statute.
The Asser Institute has issued a call for papers for a workshop on "Method, methodology and critique in international law." The call is here. The deadline is July 31, 2021.
Non-State Actors' Rights in Maritime Delimitation: Lessons from Land (Cambridge Univ. Press 2021). Here's the abstract:
Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state's decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr Marianthi Pappa examines such situations from the perspective of the non-state actors: what will happen to private rights in a disputed maritime area if it changes hands from state A to state B due to a subsequent delimitation treaty or judgment? Does the legal framework of maritime delimitation protect those rights effectively against a potential reallocation? To address these questions, the book considers the place that private rights have in land boundary-making.
AJIL Unbound has posted a symposium on "The Limitations of the Behavioral Turn in International Law." The symposium includes an introduction by Eva van der Zee, Veronika Fikfak, and Daniel Peat and contributions by Emilie M. Hafner-Burton, Sungjoon Cho, Lauge Poulsen and Michael Waibel, Anne van Aaken, and Doron Teichman and Eyal Zamir.
Human Choice in International Law (Cambridge Univ. Press 2021). Here's the abstract:
Human Choice in International Law is an exploration of human choice in international legal and political decision making. This book investigates the neurobiology of how people choose and the history of how personal choice has affected decisions about international peace and security. It charts important decision moments in international law about genocide, intervention into armed conflict and nuclear weapons at the central institutions of the international legal order. Professor Spain Bradley analyzes the role that particular individuals, serving as international judges or Security Council representatives, play in shaping decision outcomes and then applies insights from neuroscience to assert the importance of analyzing how cognitive processes such as empathy, emotion and bias can influence such decisionmakers. Drawing upon historical accounts and personal interviews, this book reveals the beauty and struggle of human influences that shape the creation and practice of international law.
On August 5-6, 2021, the 2021 ILA-ASIL Asia-Pacific Research Forum will be held online. The theme is: "International Law and Post-Pandemic Asia: New Economic Challenges and Opportunities." The program is here, and registration is here.