This volume examines the contributions to International Law of individual members of the Advisory Committee of Jurists in the League of Nations, and the broader national and discursive legal traditions of which they were representative. It adopts a biographical approach that complements existing legal narratives. Pre-1914 visions of a liberal international order influenced the post-1919 world based on the rule of law in civilised nations. This volume focuses on leading legal personalities of this era. It discusses the scholarly work of the ACJ wise men, their biographical notes, and narrates their contribution as legal scholars and founding fathers of the sources of international law that culminated in their drafting of the statute of the Permanent Court of International Justice, the forerunner of the International Court of Justice. The book examines visions of world law in a liberal international order through social theory and constructivism, historical examination of key developments that influenced their career and their scholarly writings and international law as a science.
Saturday, October 2, 2021
Morris: The League of Nations and the Development of International Law: A New Intellectual History of the Advisory Committee of Jurists
Friday, October 1, 2021
- Lisa Tilley, Extractive investibility in historical colonial perspective: the emerging market and its antecedents in Indonesia
- Jacob L. Stump, Producing zones of neediness in world politics: missionaries, educators, and a cultural political economy of colonialism in Appalachia
- Lukas Hakelberg & Thomas Rixen, Is neoliberalism still spreading? The impact of international cooperation on capital taxation
- Zsófia Barta & Alison Johnston, Entitlements in the crosshairs: how sovereign credit ratings judge the welfare state in advanced market economies
- Eckhard Hein, Walter Paternesi Meloni & Pasquale Tridico, Welfare models and demand-led growth regimes before and after the financial and economic crisis
- Joan Miró, Austerity’s failures and policy learning: mapping European Commission officials’ beliefs on fiscal governance in the post-crisis EU
- Mirko Heinzel, Jonas Richter, Per-Olof Busch, Hauke Feil, Jana Herold & Andrea Liese, Birds of a feather? The determinants of impartiality perceptions of the IMF and the World Bank
- Arjan Reurink & Javier Garcia-Bernardo, Competing for capitals: the great fragmentation of the firm and varieties of FDI attraction profiles in the European Union
- Emily Anne Wolff, The global politics of African industrial policy: the case of the used clothing ban in Kenya, Uganda and Rwanda
- Alice Evans, Export incentives, domestic mobilization, & labor reforms
- Florence Dafe & Zoe Williams, Banking on courts: financialization and the rise of third-party funding in investment arbitration
- Donald MacKenzie, Iain Hardie, Charlotte Rommerskirchen & Arjen van der Heide, Why hasn't high-frequency trading swept the board? Shares, sovereign bonds and the politics of market structure
- Andreas Goldthau & Llewelyn Hughes, Saudi on the Rhine? Explaining the emergence of private governance in the global oil market
- Laurens Ankersmit, What Does the ‘Suspension’ of the EU-China Comprehensive Agreement on Investment Initiative Mean for the Credibility and Consistency of the Commission’s ‘Values-Based’ Trade Agenda?
- Luigi Lonardo, The Political Psychology of Vertical Trust Between the European Union and the Member States
- Isidora Maletic, Servicing the Internal Market: The Contribution of Positive Harmonization Through the Services Directive and Its Interaction with Negative Integration
- Graham Butler, State Monopolies and the Free Movement of Goods in EU Law: Getting Beyond Obscure Clarity
- Juan Pablo Iglesias M., Is It Possible to Use State-Owned Enterprises to Promote Industrial and Technological Development Under Article 17.4 of the CPTPP?
Thursday, September 30, 2021
- Symposium: Promoting Restraint in War
- Brian McQuinn, Fiona Terry, Oliver Kaplan & Francisco Gutiérrez-Sanin, Introduction: promoting restraint in war
- Andrew M. Bell & Fiona Terry, Combatant rank and socialization to norms of restraint: examining the Australian and Philippine armies
- Ferdaous Bouhlel & Yvan Guichaoua, Norms, non-combatants’ agency and restraint in jihadi violence in northern Mali
- Naomi Pendle, Competing authorities and norms of restraint: governing community-embedded armed groups in South Sudan
- Oliver Kaplan, The International Committee of the Red Cross and support for civilian self-protection in Colombia
- Hyeran Jo, Joshua K. Alley, Yohan Park & Soren Jordan, Signaling restraint: international engagement and rebel groups’ commitment to international law
Enlisting states of origin or transit to prevent exit from their own territory has become a tool of extraterritorial migration control for states of the global North. Violeta Moreno-Lax and Mariagiulia Giuffré (2019) dub this trend ‘consensual containment.’ I view it as the harbinger of a loosely networked global migration regime for governing the circulation of people. This article first explores the practical erosion of the right of exit since the demise of communism. Next, I turn to the legitimating function performed by anti-trafficking and anti-smuggling campaigns in reframing breaches of exit rights as an exercise of the cynical practice now dubbed ‘penal humanitarianism’. I conclude by querying whether a paradigm of mobility organized around entry and exit is veering toward obsolescence. Current trends, particularly in relation to securitization of migration, push the logic of migration governance beyond obstructing exit and preventing entry as ends in themselves. I suggest that the logic is increasingly directed more at assuming control over movement as such. Against the contemporary claim of increased global mobility for some and decreased mobility for others, I contend that mobility - understood as the capacity for 'free movement' - is on the decline for everyone, even if actual movement by some is on the increase.
Call for Submissions: Cyber Law Toolkit. Cyber Law Toolkit, the leading online resource on international law and cyber operations, is inviting submissions for its next general update in September 2022. Successful authors will be awarded an honorarium. The Toolkit consists of a growing number of hypothetical scenarios, each of which contains a description of cyber incidents inspired by real-world examples and accompanied by detailed legal analysis. To keep pace with the recent developments in the cyber security domain and remain a relevant resource for practitioners and scholars alike, the Toolkit is regularly updated. The project team welcomes proposals for new scenarios to be included in the 2022 Toolkit update. This call for submissions is open until 1 November 2021. For more information, please see the full text of the call.
On 18 January 2022, a conference on “Teaching International Migration and Asylum Law” will take place at the University of Innsbruck. This conference is part of a series of initiatives within the EU sponsored MAPS network (Migration and Asylum Policies Systems). We still accept proposals for presentations, videos, simulated classes etc. of about 20 minutes to 60 minutes. Presentations can be made in presence or online. Please send proposals to Peter.Hilpold@uibk.ac.at. Funding for travel expenses is available.
Wednesday, September 29, 2021
Tuesday, September 28, 2021
- Qerim Qerimi, Dignity in transition: the constitutional and operational potential and limits of human dignity seen from the lens of post-conflict societies
- Tenia Kyriazi, Legal pluralism, Sharia law and the right to fair trial: a case for incompatibility within the Council of Europe
- Ahmed Almutawa & Konstantinos Magliveras, Enforcing women’s rights under the Arab Charter on human rights 2004
- Paulo Montenegro, Stereotypical payback: the case of felony disenfranchisement and its full impropriety under international human rights law
- Jeremy Sarkin, The 2020 United Nations human rights treaty body review process: prioritising resources, independence and the domestic state reporting process over rationalising and streamlining treaty bodies
- Sean Molloy, Why do states ratify human rights treaties in transitioning societies?
- Christelle Genoud, Vernacularisation from above: finance’s appropriation of human rights in land governance
- Melek Saral, Human rights challenges in post-uprising Egypt: political actors’ reflections on the years of 2011–2013
Bianchi & Hirsch: International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes
What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world.
With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.
- Anita Ferrara, Archives and Transitional Justice in Chile: A Crucial Relationship
- Dursun Peksen & Jacob M. Pollock, Economic Globalization and Labor Rights: a Disaggregated Analysis
- Anne Sisson Runyan & Rebecca Sanders, Prospects for Realizing International Women’s Rights Law Through Local Governance: the Case of Cities for CEDAW
- Alessia Rodríguez Di Eugenio & Erin Baines, ‘Our Place Under the Sun’: Survivor-Centred Approaches to Children Born of Wartime Sexual Violence
- Carol Chi Ngang, Human Rights and Socio-economic Transformation in South Africa
Monday, September 27, 2021
- Radu Bogdan Bobei, Dreptul transnațional. Abordări și origini (comerciale)
- Victor Stoica, Aplicarea dreptului internațional asupra operațiunilor cibernetice : câteva observații cu privire la suveranitate, folosirea forței și imputabilitate
- Andreea Zalomir, Implicații juridice ale conflictelor în spațiul cosmic (Partea II)
- Studii și comentarii de jurisprudență și legislație
- Ion Gâlea, Influența chestiunilor jurisdicționale asupra substanței acordurilor de investiții: jurisprudența Curții Europene de Justiție și politica de investiții a Uniunii Europene
- Contribuţia doctorandului şi masterandului
- Mihai Bădescu, Ineficacitatea juridică și practică a introducerii sistematice a clauzelor privind drepturile omului în acordurile Uniunii Europene
- Juan Álvarez Vita, El Derecho A La Salud En Tiempos De Pandemia
- José Luis Pérez Sánchez Cerro, Derechos De Las Mujeres En El Mundo Y En El Perú
- Oscar Schiappa-Pietra Cubas, La Convención De Viena Sobre Relaciones Diplomáticas
- Alejandro Deustua Caravedo, Corte Internacional De Justicia: 75 Años
- Sandra Namihas, Caracterización Y Evaluación De La Política Exterior Del Presidente Donald Trump
- Raúl Chanamé Orbe, Juan García Del Río: El Primer Canciller Del Perú
- José Betancourt Rivera, Algunas Aproximaciones A La Independencia Del Perú Y A La De América Central
- Ricardo Morote Canales, La Participación Del Perú En El Consejo De Seguridad Durante El Siglo XX
- Michel Laguerre Kleimann, Miguel Grau Y El Derecho Internacional Humanitario
Webinar: Towards a new BBNJ Agreement: Negotiating a new treaty for the conservation of marine biodiversity in areas beyond national jurisdiction
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC).
In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues.
Milanovic: Intelligence Sharing in Multinational Military Operations and Complicity under International Law
This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian law (IHL) and international human rights law (IHRL) possess their own complicity rules. These regime-specific rules can apply to State assistance to non-state actors and can employ more relaxed modes of fault than Article 16. A State could thus be responsible for facilitating the commission of serious violations of IHL and IHRL through the sharing of intelligence or the provision of other aid if it consciously disregarded a risk that its partner would commit such violations with the aid provided. The article then looks at the role that mitigation measures employed by the assisting State, such as diplomatic assurances, have in assessing its responsibility for complicity, and at whether risks generated by the provision of assistance can lawfully be balanced against the risks generated by suspending assistance. Finally, the article examines two basic scenarios – that of sharing intelligence that facilitates a partner’s wrongful act, and that of receiving unlawfully obtained or shared intelligence.
Sunday, September 26, 2021
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now.
Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups.
Mälksoo: Post-Soviet Eurasia, Uti Possidetis and the Clash between Universal and Russian-Led Regional Understandings of International Law
This article argues that a clash has emerged between the Western universalist and Russian particular concepts of international law, including on the conditions of sovereign statehood in the post-Soviet, or Russia’s former imperial, space. In the post-Soviet space, Moscow has not unconditionally accepted the principle of uti possidetis, i.e., the rule that former boundaries between units of federalism would also constitute borders between new sovereign States. This article interprets Russia’s interventions in the post-Soviet space, as well as recent attempts to create integration law in Eurasia, as Russia’s attempts to create regional international law as the Eurasian concrete order, as opposed to ‘Western’ international law that is based on abstract universal principles.
Rocha: Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.
The Right to Life under International Law offers the first-ever comprehensive treatment under international law of the foundational human right to life. It describes the history, content, and status of the right, considers jurisdictional issues, and discusses the application of the right to a wide range of groups, such as women, children, persons with disabilities, members of minorities, LGBTI persons, refugees, and journalists. It defines the responsibility of not only governments but also the private sector, armed groups, and non-governmental organisations to respect the prohibition on arbitrary deprivation of life. It also explains the nature and substance of the duty to investigate potentially unlawful death as well as the mechanisms at global and regional level to promote respect for the right to life.
Dobson: Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law.
Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered.
Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.