NGOs, die bei der Durchsetzung humanitären Völkerrechts tätig sind und humanitäre Hilfe leisten, arbeiten in einem Spannungsfeld: Ihre Arbeit ist dringend notwendig, um das Leiden der Zivilbevölkerung in einem bewaffneten Konflikt zu lindern und die Konfliktparteien zur Einhaltung des Rechts zu bewegen. Eine interdisziplinäre Betrachtung verdeutlicht, dass NGOs durchaus geeignet sind, die Durchsetzung des humanitären Völkerrechts auch gegenüber nicht-staatlichen bewaffneten Gruppen zu fördern. Verschiedene NGOs wie beispielsweise Geneva Call nutzen dabei innovative Instrumente, die umfassend untersucht werden. Gleichzeitig hindern zunehmend internationale und nationalstaatliche Regeln, insbesondere im Bereich der Terrorismusbekämpfung, die Zusammenarbeit der NGOs mit bewaffneten nicht-staatlichen Gruppen. Die Autorin zeigt auf, dass es auch auf dieser Ebene neue Mechanismen braucht, die die Arbeit der humanitären Organisationen insgesamt und die Einhaltung humanitärer Prinzipien sichern.
Saturday, August 14, 2021
This paper brings the 1857 trial of 82 years old Mughal Emperor Bahadur Shah Zafar into the mainstream international law. It discusses the aesthetical aspects of Zafar's trial, who was tried as a British Subject, despite being the Indian sovereign. The paper argues that the trial was used a tool to colonise India. It also points out the treatment given to Zafar post his arrest, when he was displayed to the Europeans 'like a beast in a cage'. It highlights the confusing nature of the trial which was, at times, presented as an enquiry. Moreover, it tells Zafar's story from his point of view. The paper also highlights the blind-spots in the subject of international law where Zafar's trial finds no mention. It provokes readers to question their understanding of colonialism by pointing out the well-known nature of trial of Warren Hastings, but the obscurity surrounding Zafar's trial.
Campins Eritja & Fajardo del Castillo: Biological Diversity and International Law: Challenges for the Post 2020 Scenario
The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes.
Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach.
Friday, August 13, 2021
- International Legal Theory
- Patrick Capps & Henrik Palmer Olsen, Explaining power and authority in international courts
- Filipe dos Reis & Janis Grzybowski, The matrix reloaded: Reconstructing the boundaries between (international) law and politics
- Arthur Roberto Capella Giannattasio, Débora Roma Drezza, & Maria Beatriz Wehby, In/on applied legal research: Pragmatic limits to the impact of peripheral international legal scholarship via policy papers
- Jessie Hohmann, Diffuse subjects and dispersed power: New materialist insights and cautionary lessons for international law
- Kathryn McNeilly, How time matters in the UN Human Rights Council’s Universal Periodic Review: Humans, objects, and time creation
- Daniel Ricardo Quiroga-Villamarín, Vicarius Christi: Extraterritoriality, pastoral power, and the critique of secular international law
- International Law and Practice
- Sarah Heathcote, Secession, self-determination and territorial disagreements: Sovereignty claims in the contemporary South Pacific
- Yarik Kryvoi, Private or public adjudication? Procedure, substance and legitimacy
- Mintao Nie, Divided governmental structure and state compliance with international human rights law: A reputation-based approach
- International Criminal Courts and Tribunals
- Geoffrey Thomas Dancy, The hidden impacts of the ICC: An innovative assessment using Google data
- Luke Moffett & Clara Sandoval, Tilting at windmills: Reparations and the International Criminal Court
- Editorial: The Unequal Impact of the Pandemic on Scholars with Care Responsibilities: What Can Journals (and Others) Do?; Cancelling Carl Schmitt?; Vital Statistics; In This Issue; In This Issue – Reviews
- Andreas von Arnauld, How to Illegalize Past Injustice: Reinterpreting the Rules of Intertemporality
- Vincent Beyer, Dispute Settlement in Preferential Trade Agreements and the WTO: A Network Analysis of Idleness and Choice of Forum
- Marco Longobardo, State Immunity and Judicial Countermeasures
- Yejoon Rim, State Continuity in the Absence of Government: The Underlying Rationale in International Law
- Focus: Business and Human Rights
- Neli Frost, Out with the ‘Old’, in with the ‘New’: Challenging Dominant Regulatory Approaches in the Field of Human Rights
- Andreas Kulick, Corporate Human Rights?
- Roaming Charges: Gendering
- Symposium: Use of Force and Human Rights
- Dapo Akande & Katie A Johnston, Human Rights and Resort to Force: Introduction to the Symposium
- Eliav Lieblich, The Humanization of Jus ad Bellum: Prospects and Perils
- Kevin Jon Heller, The Illegality of ‘Genuine’ Unilateral Humanitarian Intervention
- Federica I Paddeu, Humanitarian Intervention and the Law of State Responsibility
- Dapo Akande & Katie A Johnston, Implications of the Diversity of the Rules on the Use of Force for Change in the Law
- Book Reviews
- Wouter Werner, reviewing Anton Orlinov Petrov, Expert Laws of War: Restating and Making Law in Expert Processes
- Yuliya Chernykh, reviewing Jean Ho, State Responsibility for Breaches of Investment Contracts
- Roger O’Keefe, reviewing Tom Ruys and Nicolas Angelet (eds), Luca Ferro (assistant ed.), The Cambridge Handbook of Immunities and International Law
- Marco Longobardo & Marco Roscini, reviewing Giulio Bartolini (ed.), A History of International Law in Italy
- Vladyslav Lanovoy, reviewing Vincent-Joël Proulx, Institutionalizing State Responsibility: Global Security and UN Organs
- The Last Page
- The Vanity of This World
Thursday, August 12, 2021
- Maria Grazia Giammarinaro, A Human Rights-Based Approach to Trafficking in Persons in Conflict Situations
- Shane Darcy, Embedding Business and Human Rights in Ireland: Legislating for Human Rights Due Diligence
- Ríán Derrig, Was Rockall Conquered? An Application of the Law of Territory to a Rock in the North Atlantic Ocean
Bagheri: International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment.
The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party.
Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.
- SSDI/SVIR Annual Meeting 2020
- Andreas R. Zigler, Switzerland and International Investment Law: Why it Matters
- Krista Nadakavukaren Schefer, Sustainability in International Investment Law: Building on What Exists by Enhancing the Right to Regulate
- Rodrigo Polanco, Sustainable Development in Swiss International Investment Agreements
- Michele Potestà, Appointment of Arbitrators in the Changing ISDS Landscape
- Andreas Bucher, L'attractivité du toilettage du chapitre 12 de la LDIP
Tuesday, August 10, 2021
- Roman Krtsch, The Tactical Use of Civil Resistance by Rebel Groups: Evidence from India’s Maoist Insurgency
- Manuel Vogt, Kristian Skrede Gleditsch, & Lars-Erik Cederman, From Claims to Violence: Signaling, Outbidding, and Escalation in Ethnic Conflict
- Andrew Cheon, Shi-Teng Kang, & Swetha Ramachandran, Determinants of Environmental Conflict: When Do Communities Mobilize against Fossil Fuel Production?
- Andrew Shaver & Jacob N. Shapiro, The Effect of Civilian Casualties on Wartime Informing: Evidence from the Iraq War
- Allan Dafoe, Remco Zwetsloot, & Matthew Cebul, Reputations for Resolve and Higher-Order Beliefs in Crisis Bargaining
- Andreas Beger, Richard K. Morgan, & Michael D. Ward, Reassessing the Role of Theory and Machine Learning in Forecasting Civil Conflict
- Robert A. Blair & Nicholas Sambanis, Is Theory Useful for Conflict Prediction? A Response to Beger, Morgan, and Ward
- Michael von Landenberg-Roberg, Die Operationalisierung der 'Ambitionsspirale' des Pariser Klimaschutzabkommens
- Birgit Peters, Zur Anwendbarkeit der Europäischen Menschenrechtskonvention in Umwelt- und Klimaschutzfragen
- Beiträge und Berichte
- Eleanor Benz & Verena Kahl, Das Urteil im Fall Lhaka Honhat: Die Ausweitung der direkten Justiziabilität von DESCA und die unerfüllte Hoffnung der Konkretisierung des Rechts auf eine gesunde Umwelt
Monday, August 9, 2021
This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system.
The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it.
Volpe, Peters, & Battini: Remedies against Immunity? Reconciling International and Domestic Law after the Italian Constitutional Court’s Sentenza 238/201
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders.
The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts.
Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases.
After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
- Special Topic: 40 Years of CISG
- Ben Köhler, For an Independent Development of the CISG Beyond Article 7 (2): A Stocktake and a Proposal
- Marko Jovanović, Forever Young: The Gap-Filling Mechanism of the CISG As a Factor of Its Modernization
- Jelena S. Perović Vujačić, Anticipatory Breach of Contract in Uniform Contract Law: Overview of the Solution of the UN Convention on the International Sale of Goods
- Nevena Jevremović, CISG and Proactive Contracting: Suspending Performance Under Article 71 CISG in the Time of a Global Pandemic
- Lok Kan So, Poomintr Sooksripaisarnkit, & Sai Ramani Garimella, COVID-19 in the Context of the CISG: Reconsidering the Concept of Hardship and Force Majeure
- Agne Limante, The Western Balkans on the Way to the EU: Revisiting EU Conditionality
- Bojana Todorović, The Story of the Civil Supervisor: A Missed Opportunity to Strengthen Civil Control of Public Procurement in the Republic of Serbia
- Pavel Koukal, Tereza Kyselovská, & Zuzana Vlachová, Employment Contracts and the Law Applicable to the Right to a Patent: Czech Considerations
- Apostolos Anthimos, Recognition and Enforcement of Foreign Judgments in the Field of Bilateral Conventions of Greece with Balkan States
- Barbara Herceg Pakšić, Holding All the Aces? Hate Speech: Features and Suppression in Croatia
- Virdzhiniya Petrova Georgieva, The Challenges of the World Health Organization: Lessons from the Outbreak of COVID-19
- Nasir Muftić & Tahir Herenda, Sacrificing Privacy in the Fight Against Pandemics: How Far Is Too Far? Examples from Bosnia and Herzegovina and Montenegro
- Antônio Augusto Cançado Trindade, New Reflections on Humankind as a Subject of International Law
- David Baragwanath, Can the Law Respond to Threatened Apocalypse?
- Howard Morrison, The Rule of International Law: Where Are We Going?
- Osatohanmwen O. Anastasia Eruaga, Coastal State Regulation of the Use of Arms in the Private Protection of Commercial Vessels in the Gulf of Guinea: A Nigerian Perspective
- Adaeze Okoye, Mariam Masini, & Alache Fisho, Joint Development of Transboundary Natural Resources: Lessons from the Nigeria-Sao Tome and Principe Joint Development Zone
- Irekpitan Okukpon, Implementing Extended Producer Responsibility (EPR)-based Electronic Waste Institutions in Nigeria: Lessons from the Global North
- Amaka Vanni, The Participation of Pharmaceutical Drug Industry in Patent Governance and Law-Making: A Case Study of India and Nigeria
- Chile Eboe-Osuji, The International Criminal Court: What Has It Accomplished?
- Ivana Hrdličková, Adrian Plevin, & Amanda Fang, Improving the Efficiency of International Criminal Courts and Tribunals: The Paris Declaration on the Effectiveness of International Criminal Justice
- Péter Kovács, The International Criminal Court on the Rohingyas’ Situation and the Early Scholarly Echo of the Decision
- Daniel D. Ntanda Nsereko, The Law’s Response to the Plight of Victims of Trauma in the Context of International Criminal Justice
- Caroline Omari Lichuma, TWAILing the Minimum Core Concept: Re-thinking the Minimum Core of Economic and Social Rights in the Third World
- Olasupo Owoeye, Health and Development in Africa: How Far Can the Human Rights Jurisprudence Go?
- Solomon Ukhuegbe & Alero I. Fenemigho, Determining the Termination of a Non-International Armed Conflict: An Analysis of the Boko Haram Insurgency in Northern Nigeria
Kilkelly, Lundy, & Byrne: Incorporating the UN Convention on the Rights of the Child into National Law
This book presents a rich and detailed analysis of the incorporation of the United Nations Convention on the Rights of the Child. It combines individual contributions that address the experience of legal incorporation in countries around the world, written by individual country experts, with comparative analysis of the international landscape from the world’s leading authorities on children’s rights incorporation.
- R. Spano, L’État de droit – l’étoile polaire de la Convention européenne des droits de l’homme
- É. Dubout, Démocratie illibérale et concept de droit
- J.P. Jacqué, La réouverture des négociations sur l’adhésion de l’Union à la Convention européenne des droits de l’homme : clap final ou tapisserie de Pénélope ?
- C. Beaucillon, Lutte contre l’impunité ou alternative à la justice ? À propos des mesures restrictives de l’Union européenne en réaction aux violations des droits de l’homme
- C. Maubernard, K. Blay-Grabarczyk, L. Milano, C. Nivard, & R. Tinière, Les juridictions de l’Union européenne et les droits fondamentaux - Chronique de jurisprudence (2020)
- M. Verdussen, Le droit à un contrôle électoral impartial, effectif et équitable : l’arrêt Mugemangango met la Belgique au pied du mur
- P. Monville & M. De Nanteuil, La Cour constitutionnelle belge taille-t-elle en pièces l’effectivité du droit à la traduction (de pièces) sollicitée par un inculpé en cours d’instruction ?
- M. Giacometti, Les défaillances systémiques concernant l’indépendance du pouvoir judiciaire polonais : un coup d’arrêt à l’exécution des mandats d’arrêt européens émis par la Pologne ?
- G. Gonzalez & F. Curtit, La Cour de justice, l’animal assommé et les hommes pieux, acte 2
- E. Dreyer, Pas de nécessité à diffuser les enregistrements à l’origine de l’affaire Bettencourt
- M-F. Rigaux, La mendicité, le droit à la dignité humaine et le droit à l’autonomie
Moya & Milios: Aliens before the European Court of Human Rights: Ensuring Minimum Standards of Human Rights Protection
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
Peng, Lin, & Streinz: Artificial Intelligence and International Economic Law: A Research and Policy Agenda
As the framing chapter of a forthcoming volume on Artificial Intelligence and International Economic Law, this paper introduces three cross-cutting themes that illustrate the relationship between artificial intelligence (AI) and international economic law (IEL): disruption, regulation, and reconfiguration. We explore the theme of disruption along the trifecta of AI-related technological, economic, and legal change. We observe that the increasing adoption of AI leads to political, economic, and social pressures across jurisdictions and levels of governance. Policy makers and stakeholders engage in different governance venues to debate regulatory design choices: whether to regulate, why to regulate, when to regulate, whom or what to regulate, how to regulate, and who should regulate? We argue that IEL is increasingly shaping and influencing the regulatory discourse around AI and vice versa. In this context, we explore the extent to which IEL is being reconfigured and examine the need for further reconfiguration. We conclude by bringing the contributions we assembled in this volume into conversation with one another and identify topics that warrant further research.
- Special Issue: European political economy of finance and financialization
- Waltraud Schelkle & Dorothee Bohle, European political economy of finance and financialization
- Iain Hardie & Helen Thompson, Taking Europe seriously: European financialization and US monetary power
- Benjamin Braun, Arie Krampf & Steffen Murau, Financial globalization as positive integration: monetary technocrats and the Eurodollar market in the 1970s
- Michael Schwan, Christine Trampusch & Florian Fastenrath, Financialization of, not by the State. Exploring Changes in the Management of Public Debt and Assets across Europe
- Alison Johnston, Gregory W. Fuller & Aidan Regan, It takes two to tango: mortgage markets, labor markets and rising household debt in Europe
- Cornel Ban & Dorothee Bohle, Definancialization, financial repression and policy continuity in East-Central Europe
- Scott James, Stefano Pagliari & Kevin L. Young, The internationalization of European financial networks: a quantitative text analysis of EU consultation responses
- Deborah Mabbett, Reckless prudence: financialization in UK pension scheme governance after the crisis
- Lorena Lombardozzi, Unpacking state-led upgrading: empirical evidence from Uzbek horticulture value chain governance
- Maximilian Mayer & Xin Zhang, Theorizing China-world integration: sociospatial reconfigurations and the modern silk roads
- Ho-fung Hung, The periphery in the making of globalization: the China Lobby and the Reversal of Clinton’s China Trade Policy, 1993–1994
- Jeremy Green & Julian Gruin, RMB transnationalization and the infrastructural power of international financial centres
- Jesse Liss, Globalization as ideology: China’s effects on organizational advocacy and relations among US trade policy stakeholder groups
- Pedagogical Intervention
- Ryan M. Katz-Rosene, Christopher Kelly-Bisson & Matthew Paterson, Teaching students to think ecologically about the global political economy, and vice versa
- Berenike Prem, The False Promise of Multi-stakeholder Governance: Depoliticising Private Military and Security Companies
- Pamela Blackmon, The Lagarde Effect: Assessing Policy Change Under the First Female Managing Director of the International Monetary Fund (IMF)
- A. K. M. Ahsan Ullah & Hannah Ming Yit Ho, Globalisation and Cultures in Southeast Asia: Demise, Fragmentation, Transformation
- Mikelli Ribeiro, Rafael Mesquita & Mariana Lyra, “The Use of Force Should Not Be Our First, But Our Last Option”—Assessing Brazil's Norm-Shaping Towards Responsibility to Protect
- Jokin Alberdi & Manuel Barroso, Broadening the Analysis of Peace in Mozambique: Exploring Emerging Violence in Times of Transnational Extractivism in Cabo Delgado
- Juliette Schwak, Domesticating Competitive Common Sense: Nation Branding Discourses, Policy-makers and Promotional Consultants in Korea
- Rhys Crilley & Precious N. Chatterje-Doody, From Russia with Lols: Humour, RT, and the Legitimation of Russian Foreign Policy
- New Trends in Gulf International Relations and Transnational Politics
- Emma Soubrier, Jessie Moritz, & Courtney Freer, Introduction: new trends in Gulf international relations and transnational politics
- Jocelyn Sage Mitchell, Transnational identity and the Gulf crisis: changing narratives of belonging in Qatar
- Kristin Diwan, Clerical associations in Qatar and the United Arab Emirates: soft power competition in Islamic politics
- Jessie Moritz, Bahrain's transnational Arab Spring: repression, oil and human rights activism
- Florence Gaub & Lotje Boswinkel, How the Gulf States are using their air space to assert their sovereignty
- Youngjune Chung, Allusion, reasoning and luring in Chinese psychological warfare
- Kristen Hopewell, When the hegemon goes rogue: leadership amid the US assault on the liberal trading order
- Joanne Wallis & Anna Powles, Burden-sharing: the US, Australia and New Zealand alliances in the Pacific islands
- Janine Natalya Clark, Beyond a ‘survivor-centred approach’ to conflict-related sexual violence?
- Mustafa Kutlay & Ziya Öniş, Turkish foreign policy in a post-western order: strategic autonomy or new forms of dependence?
- Ariel González Levaggi & Federico Donelli, Turkey's changing engagement with the global South
- Katerina Dalacoura, Turkish foreign policy in the Middle East: power projection and post-ideological politics
- Courtney J Fung & Shing-hon Lam, Staffing the United Nations: China's motivations and prospects
- Andrea Schneiker, The UN and women's marginalization in peace negotiations
- Jelena Cupać & Irem Ebetürk, Backlash advocacy and NGO polarization over women's rights in the United Nations
- Maria-Louise Clausen & Peter Albrecht, Interventions since the Cold War: from statebuilding to stabilization
- Ntagahoraho Z Burihabwa & Devon E A Curtis, Postwar statebuilding in Burundi: ruling party elites and illiberal peace
Call for Submissions: Re-pensando la relación de los derechos humanos de los pueblos indígenas y las empresas en el siglo XXI
- F. Auvray, A-N. Buciuman, R. Morbach, A. Mâzouz, M. Giraudo, A.R. Saad, L. Rizko, & M. Siqueira, Les possibilités juridiques d’une île ou les facettes comparées du droit des accidents de la circulation. Rencontre des droits autour de la résolution d’un cas
- P. Pistone, J. Kokott, & R. Miller, La protection internationale des droits des contribuables. Le projet de l’association de droit international sur le droit fiscal international – phase 1
- M. Rioux, L’insoluble articulation entre convictions laïques et religieuses dans le premier amendement des États-Unis
- J.P.B. Bidias À Mbassa, De l’impossible protection de la victime potentielle en matière environnementale ?
- S. Batia Ekassi, Regards sur le droit à une justice équitable dans le droit du contentieux administratif camerounais
- E. Marique, Privacy Online, Law and the Effective Regulation of Online Services
- Andrea L. Everett & Daniel C. Tirone, Strategic Samaritanism: how armed conflict affects aid receipts
- Robert Carroll & Amy Pond, Costly signaling in autocracy
- Sema Hande Ogutcu-Fu, State intervention, external spoilers, and the durability of peace agreements
- Arthur Stein & Marc-Olivier Cantin, Crowding out the field: External Support to Insurgents and the Intensity of Inter-rebel Fighting in Civil Wars
- Martín Macías-Medellín & Laura H Atuesta, Constraints and military coordination: How ICTs shape the intensity of rebel violence
- Benjamin Denison & Krista E. Wiegand, Democratizing the dispute: democratization and the history of conflict management
- Marius Mehrl & Ioannis Choulis, The colonial roots of structural coup-proofing
- Bryan Rooney & Matthew DiLorenzo, Political turnover, regime type, and investment behavior
Sunday, August 8, 2021
Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, because the central wrong of war is that war is the condition which force decides. In his first lecture, "Rules for Wrongdoers," he explains how moral principles governing an activity apply even to those who are not permitted to engage in them. In his second lecture, "Combatants and Civilians," he develops a parallel account of the distinction between combatants and civilians. The volume includes an introduction by editor Saira Mohamed and subsequent essays by commentators Oona A. Hathaway, Christopher Kutz, and Jeff McMahan. Rules for Wrongdoers represents a major statement on the ethics of war by one of the most distinguished thinkers in the field.
Around the world, border walls and nationalisms are on the rise as people express the desire to "take back" sovereignty. The contributors to this collection use ethnographic research in disputed and exceptional places to study sovereignty claims from the ground up. While it might immediately seem that citizens desire a stronger state, the cases of compromised, contested, or failed sovereignty in this volume point instead to political imaginations beyond the state form. Examples from Spain to Afghanistan and from Western Sahara to Taiwan show how calls to take back control or to bring back order are best understood as longings for sovereign agency. By paying close ethnographic attention to these desires and their consequences, The Everyday Lives of Sovereignty offers a new way to understand why these yearnings have such profound political resonance in a globally interconnected world.
Conference: Mixed Arbitral Tribunals, 1919–1930: An Experiment in the International Adjudication of Private Rights
- Daniel W. Gingerich & Jan P. Vogler, Pandemics and Political Development: The Electoral Legacy of the Black Death in Germany
- Risa Kitagawa & Jonathan A. Chu, The Impact of Political Apologies on Public Opinion
- Tarik Abou-Chadi & Thomas Kurer, Economic Risk within the Household and Voting for the Radical Right
- Petra Schleiter, Tobias Böhmelt, Lawrence Ezrow, & Roni Lehrer, Social Democratic Party Exceptionalism and Transnational Policy Linkages
- Helen V. Milner & Sondre Ulvund Solstad, Technological Change and the International System
Vedaschi & Scheppele: 9/11 and the Rise of Global Anti-Terrorism Law: How the UN Security Council Rules the World
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.
In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level.
The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.
Sovereignty is a foundational idea upon which regional organisation of nations is built, yet its demise has often been predicted. Regionalism, which commits states to common frameworks such as rules and norms, tests sovereignty as states relinquish some sovereign power to achieve other goals such as security, growth, or liberalisation. This book examines the practice of normative contestation over sovereignty in two regional organisations of Africa and Asia – the AU and ASEAN. A structured comparison of three case studies from each organisation determines whether a norm challenging sovereignty was accepted, rejected, or qualified. Ng has carried out interviews about, and detailed analysis of, these six cases that occurred at formative moments of norm-setting and that each had very different outcomes. This study contributes to the understanding of norms contestation in the field of international relations and offers new insights on how the AU and ASEAN are constituted.
Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the formation of another layer of jurisdictional regulation, which is developed by arbitral tribunals.
The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radović surveys case law and analyses the development of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.
This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
Rojas-Orozco: International Law and Transition to Peace in Colombia: Assessing Jus Post Bellum in Practice
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study.
While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Cordonier Segger, Szabó, & Harrington: Intergenerational Justice in Sustainable Development Treaty Implementation: Advancing Future Generations Rights through National Institutions
Economic, technological, social and environmental transformations are affecting all humanity, and decisions taken today will impact the quality of life for all future generations. This volume surveys current commitments to sustainable development, analysing innovative policies, practices and procedures to promote respect for intergenerational justice. Expert contributors provide serious scholarly and practical discussions of the theoretical, institutional, and legal considerations inherent in intergenerational justice at local, national, regional and global scales. They investigate treaty commitments related to intergenerational equity, explore linkages between regimes, and offer insights from diverse experiences of national future generations' institutions. This volume should be read by lawyers, academics, policy-makers, business and civil society leaders interested in the economy, society, the environment, sustainable development, climate change, and other law, policy and practices impacting all generations.
- Martin Koehring, Karin Kemper & Peter Thomson, The Post-COVID-19 Ocean Economy: Building Back Bluer
- Steven Haines, Developing Human Rights at Sea
- J. Ashley Roach, The BBNJ Process: Gaps and Prospects for Success
- Emilia Ganslandt & Peter Ricketts, Developing Trends in the Global Ocean and Ocean-Climate Change Nexus
- Anastasia Christodoulou, Aspasia Pastra, Meinhard Doelle & Tafsir Johansson, Four Spheres of Influence from a Canadian Context: The Critical Role of Ports in Global Decarbonization Efforts
- Peter Nuttall, Andrew Irvin, Alison Newell & Pierre-Jean Bordahandy, To Tax or Not to Tax: The Case for a 1.5 °C Carbon Price on International Shipping—Perspectives from the Climate Most Vulnerable Nations
- Peter Nuttall, Working for the Spirit of Tony de Brum: “The Big Red Truck”—Benevolent Aid, Strategic Investment, Chequebook Climate Change Diplomacy or Neo-colonialism
- Joeli Veitayaki, Peter Nuttall & Prerna Chand, Living Climate Change Impacts in Pacific SIDS: Articulating the Pacific Way in an Unresponsive World
- Karen N. Scott, Does Aotearoa New Zealand Need an Oceans Policy for Modern Ocean Governance?
- David Freestone & Clive Schofield, Sea Level Rise and Archipelagic States: A Preliminary Risk Assessment
- Francesco Munari, To What Extent Do the Contemporary International Law of the Sea, International Maritime Law, and International Labor Law Address Public Health Threats such as Pandemics?
- Nuwan Peiris, Bunkering in the Exclusive Economic Zone and on the High Seas under the Law of the Sea Convention: An Entangling Experiment with Saiga, Virginia G, Norstar and San Padre Pio
- Jan Jakub Solski, Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?
- Zhen Sun, UNCLOS Part XII and IMO Instruments on Regulating Environmental Impacts of Shipping: Towards an Effective Regulatory Synergy
- Ziad Lawen, Prospects for the Delimitation of the Maritime Boundary between Lebanon and Israel: A Case Study
- Gerard Domingue & Lucia Pierre, How the Indian Ocean Tuna Commission Addresses the IUU Fishing Challenge: Is It Working?
- Daniel W. Dylan & Erin Chochla, The Clash of Civilizations: Whaling and the IWC’s Scientific Research and Aboriginal Subsistence Exceptions
- Dikdik Mohamad Sodik, Combating Maritime Security Threats in Indonesian Waters: The Need for Legal and Institutional Framework Reforms
- Eliya M. Baron Lopez, South Korean and Japanese Air Defense Identification Zone Claims over the Liancourt Rocks
Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico?
After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.