Saturday, August 28, 2021

Eckhardt & Wang: China's new generation trade agreements: Importing rules to lock in domestic reform?

Jappe Eckhardt (Univ. of York - Politics) & Hongyu Wang (Univ. of International Business and Economics - International Relations) have published China's new generation trade agreements: Importing rules to lock in domestic reform? (Regulation & Governance, Vol. 15, no. 3, July 2021). Here's the abstract:
Since the beginning of the 21st century we have witnessed a proliferation of Preferential Trade Agreements (PTAs) in Asia Pacific. China has been at the forefront of this development. Initially, China's PTAs were very shallow and mainly aimed at building friendly relationships with developing countries. However, over time, China has started to negotiate deeper PTAs with developing and developed countries alike. This notable shift has thus far been understood to result from four broad motivations: China's desire to access key export markets; the facilitation of regional production networks; to address resource security concerns; and/or to further geostrategic interests and political influence. We propose that these motives are not sufficient to fully account for China's new generation trade agreements. We suggest that China is increasing its integration into the world economy to push for domestic marketization and reform by credibly committing to trade liberalization through PTAs. Deep and comprehensive PTAs oblige a country to follow a set of rules that leave little leeway to violate the terms. In order to successfully implement and enforce PTA commitments, China has also gradually strengthened its regulatory state by investing in regulatory capacity and capability in the field of trade policy. We test the plausibility of our argument through an in-depth analysis of the PTAs signed by China since 2000 and find evidence that China's PTAs are indeed in part driven by a desire to lock in domestic economic reform, which has gone hand in hand with a strengthening of its regulatory state.

Leal-Arcas: Climate Clubs for a Sustainable Future: The Role of International Trade and Investment Law

Rafael Leal-Arcas
(Queen Mary Univ. of London - Law) has published Climate Clubs for a Sustainable Future: The Role of International Trade and Investment Law (Wolters Kluwer 2021). Here's the abstract:
Climate Clubs for a Sustainable Future, a revolutionary book by one of the world’s foremost authorities on international economic law, delves deep into the role of international trade and investment law and explains how free trade agreements and bilateral investment treaties can be used as a powerful tool to help alleviate climate change. The science, economics as well as the law of climate change are known to us. Nonetheless, what is not known to us is how countries may join hands to cooperate on climate change mitigation. In this vein, the role of international trade in climate change, although globally recognized, is not well understood.

Kolla: The COVID Passport Quandary

Edward Kolla has posted an ASIL Insight on The COVID Passport Quandary.

New Issue: Security Studies

The latest issue of Security Studies (Vol. 30, no. 3, 2021) is out. Contents include:
  • Michael Poznansky, The Psychology of Overt and Covert Intervention
  • Max Z. Margulies, Patrons and Personnel: The Foreign Determinants of Military Recruitment Policies
  • Gadi Heimann, Deganit Paikowsky & Nadav Kedem, Partnership in Leadership: Why and How Do Leading Powers Extend Managerial Privileges to Junior Partners?
  • Seanon S. Wong, Who Blinked? Performing Resolve (or Lack Thereof) in Face-to-Face Diplomacy
  • Colin Tucker, The Effect of Aerial Bombardment on Insurgent Civilian Victimization

Foster: Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence

Caroline E. Foster
(Univ. of Auckland - Law) has published Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence (Oxford Univ. Press 2021). Here's the abstract:

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era.

However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

Greenman: State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution

Kathryn Greenman
(Univ. of Technology Sydney - Law) has published State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution (Cambridge Univ. Press 2021). Here's the abstract:
This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

Friday, August 27, 2021

St John: Three Conceptions of Sovereignty in Investment Law

Taylor St John (Univ. of St Andrews - International Relations) has posted Three Conceptions of Sovereignty in Investment Law (in Sovereignty in a Global Perspective, Christopher Smith, ed., forthcoming). Here's the abstract:
Contemporary investment law is often depicted as a field in which transnational corporations and other private actors float freely above territorially-bound, constrained states. Investment law epitomises fears about the erosion of sovereignty in these depictions. Yet sovereignty is a concept with layers of meaning and a loss of policymaking autonomy, while important, is only one story of sovereignty in investment law. This chapter draws out three conceptions of sovereignty and how they manifest to officials negotiating investment law reform at the United Nations today. The first conception is sovereignty as control, as supreme authority within a defined territory. Concerns that investment law has eroded the ability of states to make policy fit here. The second conception is sovereignty as eligibility, as recognition that a government is eligible to participate in intergovernmental deliberations. Recognised states are the only actors eligible to participate in investment law reform at the United Nations. The third conception is sovereignty as capability, as being able to participate meaningfully in intergovernmental deliberations. While all governments are eligible, their actual participation in reform varies. In investment law, the persistence of sovereignty serves as a bridge to enduring questions about who should participate in rulemaking.

Thursday, August 26, 2021

Schabas: The Customary International Law of Human Rights

William A. Schabas
(Middlesex Univ. London - Law) has published The Customary International Law of Human Rights (Oxford Univ. Press 2021). Here's the abstract:

Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights.

The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.

Hartmann & Khaliq: The Achievements of International Law: Essays in Honour of Robin Churchill

Jacques Hartmann
(Univ. of Dundee - Law) & Urfan Khaliq (Cardiff Univ. - Law) have published The Achievements of International Law: Essays in Honour of Robin Churchill (Hart Publishing 2021). The table of contents is here. Here's the abstract:

The aim of this collection of essays in Robin Churchill's honour is to discuss some key examples of the achievements of international law – with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills.

The book is divided into four distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system.

Koskenniemi: To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870

Martti Koskenniemi
(Univ. of Helsinki - Law) has published To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870 (Cambridge Univ. Press 2021). Here's the abstract:
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property.

Wednesday, August 25, 2021

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 9, no. 1, March 2021) is out. Contents include:
  • Articles
    • Carl Landauer, The Polish Rider: CH Alexandrowicz and the reorientation of international law, Part II: declension and the promise of renewal
    • Claerwen O’Hara, Consensus decision-making and democratic discourse in the General Agreement on Tariffs and Trade 1947 and World Trade Organisation
    • Anne Neylon, The museum and the border: the Merseyside Maritime Museum and the construction of the migrant and refugee
    • Ingo Venzke, The law of the global economy and the spectre of inequality
  • Section Three
    • Tor Krever, A life in human rights: a conversation with Dennis Davis

Wu: Law and Politics on Export Restrictions: WTO and Beyond

Chien-Huei Wu
(Academia Sinica) has published Law and Politics on Export Restrictions: WTO and Beyond (Cambridge Univ. Press 2021). Here’s the abstract:
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Tuesday, August 24, 2021

Aust & Nijman: Research Handbook on International Law and Cities

Helmut Philipp Aust
(Freie Universität Berlin - Law) & Janne E. Nijman (Univ. of Amsterdam - Law; Graduate Institute - Law) have published Research Handbook on International Law and Cities (Edward Elgar Publishing 2021). Contents include:
  • Helmut Philipp Aust & Janne E. Nijman, The emerging roles of cities in international law – introductory remarks on practice, scholarship and the Handbook
  • Valerie Hansen, Silk Road cities and their co-existing legal traditions
  • Tobias Boestad, Legitimizing interurban cooperation in the Middle Ages: the legal system of the Hanse
  • Susanne Lepsius, The legal system among Italian city republics
  • Luigi Nuzzo, Cities and international law: an imperial perspective
  • Mirko Sossai, Invisibility of cities in classical international law
  • Luis Eslava & George Hill, Cities, post-coloniality and international law
  • Boris Vormann, Global city networks and the nation-state: rethinking a false tradeoff
  • Yishai Blank, International legal personality/subjectivity of cities
  • Yukiko Takashiba, Sources and law-making
  • Katja Creutz, Responsibility
  • Moritz Baumgärtel, Dispute settlement
  • Jacob Katz Cogan, International organizations and cities
  • Anouche Beaudouin, Sovereignty
  • Anél du Plessis, Climate change law and sustainable development
  • Jolene Lin, The role of transnational city networks in environmental governance
  • Alejandro Rodiles, The global insecure counterterrorism city
  • Martha F. Davis, Finding international law ‘close to home’: the case of human rights cities
  • Barbara Oomen, Cities, refugees and migration
  • Michael Riegner, Development cooperation and the city
  • Christian Iaione & Elena de Nictolis, The role of cities in the global governance of health
  • Jorge E. Viñuales & Lucy Lu Reimers, The law of economic globalization and cities
  • Antoine Duval, From global city to Olympic city: the transnational legal journey of London 2012
  • Mauricio Rodas, City diplomacy: experience from the ground
  • Simon Curtis, An international relations perspective
  • Nir Barak & Avner de Shalit, Urbanizing political concepts for analyzing politics in the city
  • Samantha Besson & José Luis Martí, Cities as democratic representatives in international law-making
  • Louis J. Kotzé, Cities, the Anthropocene and earth system law
  • Sheila R. Foster & Chrystie Swiney, City networks and the glocalization of urban governance
  • Geneviève Cartier, The relationship between the state and the city from a comparative (constitutional) perspective
  • Carlo M. Colombo & Martijn L.P. Groenleer, How domestic legal systems respond to international local government law: between accommodation, resistance and transformation
  • Edouard Fromageau, Global administrative law and cities: the perfect couple that never was
  • Jan Klabbers, Inter-legality, cities and the changing nature of authority
  • Daniel Litwin, International lawyers and the city
  • Karen Knop, The hidden city in international legal thought

Monday, August 23, 2021

Kotzé & Soyapi: African Courts and Principles of International Environmental Law: A Kenyan and South African Case Study

Louis J Kotzé (North-West Univ. - Law) & Caiphas B Soyapi (North-West Univ. - Law) have published African Courts and Principles of International Environmental Law: A Kenyan and South African Case Study (Journal of Environmental Law, Vol. 33, no. 2, pp. 257–282, March 2021). Here's the abstract:
Scholarship increasingly reveals the distinct interplay between international environmental law and domestic legal systems, and the important role of courts the world over in fleshing out this relationship. Africa, however, seems to be underrepresented in these discussions, despite its being a key stakeholder in the development of international environmental law. As a contribution to this debate, we offer here an analysis of the relationship between international environmental law and domestic African legal systems, by focusing on how domestic courts in Kenya and South Africa have been engaging with the precautionary principle, the principle of public participation and the principle of sustainable development. Our analysis of a range of judgments shows that these courts have been exceptionally innovative in their growing support of these principles that they seem to embrace in their efforts to strengthen domestic environmental protection and to contribute to a nascent transnational judicial dialogue.

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 6, no. 2, June 2021) is out. Contents include:
  • Special Issue: BHR Landscape after 10 years of the UNGPs: An Assessment
    • John Gerard Ruggie, Caroline Rees, & Rachel Davis, Ten Years After: From UN Guiding Principles to Multi-Fiduciary Obligations
    • Nicola Jägers, UN Guiding Principles at 10: Permeating Narratives or Yet Another Silo?
    • Peter Muchlinski, The Impact of the UN Guiding Principles on Business Attitudes to Observing Human Rights
    • Andreas Rasche & Sandra Waddock, The UN Guiding Principles on Business and Human Rights: Implications for Corporate Social Responsibility Research
    • Gabriela Quijano & Carlos Lopez, Rise of Mandatory Human Rights Due Diligence: A Beacon of Hope or a Double-Edged Sword?
    • Richard Meeran, Multinational Human Rights Litigation in the UK: A Retrospective
    • Charles Abrahams, The South African Experience: Litigating Remedies
    • Vasanthi Srinivasan & Parvathy Venkatachalam, A Decade of the UNGPs in India: Progressive Policy Shifts, Contested Implementation
    • Anita Ramasastry, Advisors or Enablers? Bringing Professional Service Providers into the Guiding Principles’ Fold
    • Florian Wettstein, Betting on the Wrong (Trojan) Horse: CSR and the Implementation of the UN Guiding Principles on Business and Human Rights
    • Michael A. Santoro, Why the United Nations is Not the Ideal Forum for Business and Human Rights: The UNGPs and the Right to COVID-19 Vaccine Access in the Global South
    • Surya Deva, The UN Guiding Principles’ Orbit and Other Regulatory Regimes in the Business and Human Rights Universe: Managing the Interface
  • Developments in the Field
    • Teresa Scassa, Pandemic Innovation: The Private Sector and the Development of Contact-Tracing and Exposure Notification Apps
    • Lorenzo Cotula, EU–China Comprehensive Agreement on Investment: An Appraisal of its Sustainable Development Section
    • Lucas Roorda & Daniel Leader, Okpabi v Shell and Four Nigerian Farmers v Shell: Parent Company Liability Back in Court
    • Anirudha Nagar, The Juukan Gorge Incident: Key Lessons on Free, Prior and Informed Consent
    • Ruwan Subasinghe, A Neatly Engineered Stalemate: A Review of the Sixth Session of Negotiations on a Treaty on Business and Human Rights
    • Francesca Farrington, Municipio de Mariana v BHP Group: Implications of the UK High Court’s Decision

Sunday, August 22, 2021

Tan: The Rome Statute as Evidence of Customary International Law

Yudan Tan
(Soochow Univ.) has published The Rome Statute as Evidence of Customary International Law (Brill | Nijhoff 2021). Here's the abstract:
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest. Providing a novel way of analysing the treaty-custom interactions, Yudan Tan examines the customary status of essential parts of the Rome Statute. Based on a flexible two-element identification approach, focusing more on opinio juris, Yudan Tan convincingly argues that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time.

Guymon: Digest of United States Practice in International Law, 2020

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2020.

Strobel: Organized Crime and International Criminal Law: History, lex lata and Developments de lege ferenda

Kathrin Strobel
has published Organized Crime and International Criminal Law: History, lex lata and Developments de lege ferenda (Brill | Nijhoff 2021). Here's the abstract:

This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions.

Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.

Baranowska: Rights of Families of Disappeared Persons: How International Bodies Address the Needs of Families of Disappeared Persons in Europe

Grazyna Baranowska
(Polish Academy of Sciences) has published Rights of Families of Disappeared Persons: How International Bodies Address the Needs of Families of Disappeared Persons in Europe (Intersentia 2021). Here's the abstract:

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe.

The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

New Volume: Asian Yearbook of Human Rights and Humanitarian Law

The latest volume of the Asian Yearbook of Human Rights and Humanitarian Law (Vol. 5, 2021) is out. Contents include:
  • Part 1 Focused Theme - Law, Culture and Human Rights in Asia and the Middle East
    • Francesca Sironi De Gregorio, Heritage Destruction in Syria and Northern Iraq: Which is the Applicable Law?
    • Barbora Dmitričenko & Layla Hashemi, Countering Online Antiquities Trafficking Networks Financing Terrorism in Syria and Iraq
    • Allison McClelland, International Law and the Protection of Cultural Property in Non-International Armed Conflict: Applicability to Non-State Armed Groups in the Syrian Conflict
    • Julia Emtseva, Destruction and Looting of Cultural Property in Yemen’s Civil War: Legal Implications and Methods of Prevention
    • Seán Fobbe, Natia Navrouzov, Kristen Hopper, Ahmed Khudida Burjus, Graham Philip, Maher G Nawaf, Daniel Lawrence, Helen Walasek, Sara Birjandian, Majid Hassan Ali, Salim Rashidani, Hassan Salih, Dawood Sulaiman Qari, & Faris Mishko, Cultural Heritage Destruction during the Islamic State’s Genocide against the Yazidis
    • Simona Novaretti, Trust(s) ‘with Chinese Characteristics’ and Cultural Heritage Protection in the People’s Republic of China
    • Sofia Poulopoulou, Implementing the Obligation to Return Illicitly Exported Cultural Property to the Authorities of an Occupied Territory: Who Bears the Responsibility?
    • Elena Perez-Alvaro, Human Rights and Underwater Cultural Heritage: Migrant Shipwrecks
    • Beatriz Barreiro Carril, Amin Maalouf and the Value of Cultural Diversity for Universal Cultural Rights in International Law: Lessons from the Levant
  • Part 2 General Articles
    • Helen Liebling & Hazel Barrett, Social Enterprise Groups for South Sudanese Refugee Survivors of Sexual and Gender-Based Violence and Torture Living in Settlements in Northern Uganda
    • Alice Lopes Fabris, The Practice of Asian States Implementing the Principle for Protection of Monuments and Works of Art before World War I
    • D.D. Agusman, A. Afriansyah, & I. Fadilah, Debunking the Pandora Box of Decolonisation: An Inquiry into Papuan Separatism from the Lens of International Law
    • Jing Min Tan and Alec Thompson, Moving Past Postcolonial: Rethinking Indigeneity and Self-determination in Southeast Asia
  • Part 3 Developments in State Practice
    • Vrinda Narain, Reconciling Constitutional Law, Gender Equality and Religious Difference: Lessons from Shayara Bano, India’s Triple Talaq Decision
    • Niloufar Omidi, Cultural Legitimacy Lost Through the Denial of Cultural Rights within a Multicultural Context: The Case of the Islamic Republic of Iran
    • Tahirih T. Danesh, Character Education and Cultural Rights: The Case of Minorities in Iran
    • Zia Ullah Ranjah, Protecting Environment through Judicial Activism in Pakistan and India
    • Makoto Shimada, Repatriation of Ainu Human Remains Excavated in Graveyards: Possible Solution under the Civil Code of Japan