This Foreword integrates international law, international relations, and global history scholarship to understand two global trends that are in tension with each other: (i) the shift from European colonial dominance to a law-based multilateralism, which enabled a more equal and inclusive international law, and (ii) global capitalism which, across time, has been a political and economic force that, left to its own devices, promotes exclusion and inequality. Alter builds an encompassing conception of global economic law to show the interplay of colonial law, private law, domestic law, and international law in enabling and constraining global capitalism across time. The investigation looks backwards so as to think forward. The larger goal of the endeavor is to imagine how an Asian law-based capitalism might continue past trends and recreate continuities despite a professed desire to be different. Just as capitalism once locked in colonial features despite the shift to multilateral international law, multilateralism and capitalism may be forces that sustain the very features of the Western Liberal International Order that China seeks to move beyond.
Saturday, October 9, 2021
- Paula Gerber & Aaron Timoshanko, Is the UN Committee on the Rights of the Child Doing Enough to Protect the Rights of LGBT Children and Children with Same-Sex Parents?
- Jane Richards, An Incremental Approach to Filling Protection Gaps in Equality Rights for Persons with Disabilities
- Marloes van Noorloos, A Critical Reflection on the Right to the Truth about Gross Human Rights Violations
- Patricia Palacios Zuloaga, Pushing Past the Tipping Point: Can the Inter-American System Accommodate Abortion Rights?
- Felix E Torres, Economic and Social Rights, Reparations and the Aftermath of Widespread Violence: The African Human Rights System and Beyond
- Sarah Ganty, Poverty as Misrecognition: What Role for Antidiscrimination Law in Europe?
- Jacob Mchangama & Natalie Alkiviadou, Hate Speech and the European Court of Human Rights: Whatever Happened to the Right to Offend, Shock or Disturb?
- Manuel Fröhlich, World Organization Epitomized: The Life and Legacy of Sir Brian Urquhart
- Cecilia Jacob, Institutionalizing Prevention at the UN: International Organization Reform as a Site of Norm Contestation
- Emizet F. Kisangani & David F. Mitchell, The Impact of Integrated UN Missions on Humanitarian NGO Security: A Quantitative Analysis
- Kseniya Oksamytna & Magnus Lundgren, Decorating the “Christmas Tree”: The UN Security Council and the Secretariat’s Recommendations on Peacekeeping Mandates
- Megan Bradley, Joining the UN Family? Explaining the Evolution of IOM-UN Relations
- Marco Bocchese, In the Eye of the Beholder: Elite Assessments of the ICC’s Performance
- Hortense Jongen & Jan Aart Scholte, Legitimacy in Multistakeholder Global Governance at ICANN
States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad.
- Sukanya Podder & Giuseppe Manzillo, Reflection on Labour Hierarchies in Peacekeeping: A Study on the Operational Experiences of Military Peacekeepers
- Soili Paananen, Sensemaking Processes in Complex Peace Operations: A Means of Adapting to the Dynamism of ‘the Local’
- Eduardo Uziel & Danilo Marcondes, The Peacekeeping Deployment that Never was: Domestic Considerations Behind Brazil’s Decision not to Send Troops to MINUSCA
- Julia Leib & Samantha Ruppel, The Dance of Peace and Justice: Local Perceptions of International Peacebuilding in West Africa
- Peter Albrecht & Paul Jackson, Non-Linearity and Transitions in Sierra Leone’s Security and Justice Programming
- Vanessa Gauthier Vela, MINUSMA and the Militarization of UN Peacekeeping
- Edouard Fromageau, Machiko Kanetake, Stephan Wittich, & Andrea Gattini, Domestic Contestations against International Courts and Tribunals: Introduction to the Special Issue
- Edoardo Stoppioni, National Contestations of the Legal Reasoning of International Courts and Tribunals: A Gramscian Discourse Analysis Approach
- Relja Radović, Arbitral Jurisdictional Regulation in Investment Treaty Arbitration and Domestic Courts
- Gabriela Cristina Braga Navarro, The Struggle after the Victory: Non-compliance in the Inter-American Court of Human Rights’ Jurisprudence on Indigenous Territorial Rights
- Marten Breuer, The Concept of ‘Principled Resistance’ to ECtHR Judgments: A Useful Tool to Analyse Implementation Deficits?
- Jorge Contesse, Judicial Interactions and Human Rights Contestations in Latin America
- Current Developments
- Kabir A N Duggal & Nicholas J Diamond, Human Rights and Investor–State Dispute Settlement Reform: Fitting a Square Peg into a Round Hole?
- Antoine Buyse, Katharine Fortin, Julie Fraser & Brianne McGonigle Leyh, The Rule of Law from Below - A Concept under Development
- Clara Burbano Herrera & Yves Haeck, The Historical and Present-Day Role of Non-Governmental Organisations before the Inter-American Human Rights System in Documenting Serious Human Rights Violations and Protecting Human Rights and the Rule of Law Through Ensuring Accountability
- Katharine Fortin, Of Interactionality and Legal Universes: A Bottom-Up Approach to the Rule of Law in Armed Group Territory
- Ana Gascón Marcén, The Platform for the Protection of Journalists: A Mechanism for Cooperation between Non-Governmental Organisations and the Council of Europe
- Barbara Grabowska-Moroz & Olga Śniadach, The Role of Civil Society in Protecting Judicial Independence in Times of Rule of Law Backsliding in Poland
- Alexander Gilder, UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
- Brianne McGonigle Leyh, The Role of Universities and Law Schools in Documenting Serious International Crimes and Advancing the Rule of Law
- Aikaterini Tsampi, The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
- Juliette Paauwe & Jahaan Pittalwala, Cultural Destruction and Mass Atrocity Crimes: Strengthening Protection of Intangible Cultural Heritage
- Robin Hering, What Is a Safe Area? Definition, Typology and Empirical Cases
- Jack Adam MacLennan, ‘No Ideas but in Things’: The Responsibility to Protect as Assemblage
- Outi Donovan, Trading Freedoms for Protection: Gender and Localised Protection in Libya
Friday, October 8, 2021
- Samatha Besson, Du droit de civilisation européen au droit international des civilisations : instituer un monde des régions
- Ivan Ingravallo, An EU seat on the UN Security Council? The right moment has yet to come
- Sâ Benjamin Traoré & Patrick Ane-Ane Leta, La marge nationale d’appréciation dans la jurisprudence de la Cour africaine des droits de l’homme et des peuples : entre effleurements et remises en cause
Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
- Nicolas Bernard, Taking Air Passenger Rights Seriously: The Case Against the Exclusivity of the Montreal Convention
- Gabriela A. Oanta, Access to Remedy in the European Union in Case of Breaches of Human Rights at Sea by Private Actors
- Frédéric Mégret, Activists on the High Seas: Reinventing International Law from the Mare Liberum?
- Sondre Torp Helmersen, China-Taiwan Threats of Force and the Paradox of the ‘Nuclear Weapons Principle’
Thursday, October 7, 2021
- Special Issue: The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections
- Başak Çalı & Esra Demir-Gürsel, The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections: A Comparative Appraisal
- Mikael Rask Madsen, The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint, and the New Vision for the Court
- Emre Turkut, The Venice Commission and Rule of Law Backsliding in Turkey, Poland and Hungary
- Alice Donald & Anne-Katrin Speck, Time for the Gloves to Come Off?: The Response by the Parliamentary Assembly of the Council of Europe to Rule of Law Backsliding
- Başak Çalı, How Loud Do the Alarm Bells Toll? Execution of ‘Article 18 Judgments’ of the European Court of Human Rights
- Esra Demir-Gürsel, The Former Secretary General of the Council of Europe Confronting Russia’s Annexation of the Crimea and Turkey’s State of Emergency
International Criminal Jurisdiction is a treatise for anyone conducting research into how domestic and international regimes create and enforce rules for personal and subject matter jurisdiction in transnational or international criminal cases. It is the only such treatise in English on this topic. Attorneys representing corporate executives in white collar criminal cases will be able to use this book to construct challenges to a foreign court's exercise of jurisdiction over those clients. Legal scholars wishing to critique foreign domestic courts for defying suppression treaties will find in this book information on how and why those courts are doing so. Law students will turn to this book for distinctions between international criminal tribunals and domestic courts in the exercise of personal jurisdiction over government officials. The book provides complete details on how domestic legislatures and the U.N. have created statutory and treaty-based rules expanding or even limiting courts' and tribunals' jurisdiction over certain crimes and certain categories of defendants. This research serves the book's function as a thorough guide to jurisdictional questions that arise when criminal acts or criminals cross borders. Questions include whether a defendant possesses standing to challenge an international tribunal's personal jurisdiction over him, what happens when a given domestic regime neglects to criminalize conduct prohibited by a new treaty, and why some domestic courts choose not to exercise extraterritorial jurisdiction.
- Reconstructing the International Peace Architecture in the Asian Century
- Yuji Uesugi & Oliver P. Richmond, Reconstructing the International Peace Architecture in the Asian Century
- Yuji Uesugi & Oliver P. Richmond, The Western International Peace Architecture and the Emergence of the Eastphalian Peace
- Joanne Wallis, It’s the Little Things: The Role of International Interveners in the Social (re)Construction of the International Peace Architecture
- Dahlia Simangan, Reflexive Peacebuilding: Lessons from the Anthropocene Discourse
- Brendan M. Howe, Challenges to and Opportunities for International Organisation in East Asia
- Kwok Chung Wong, The Rise of China’s Developmental Peace: Can an Economic Approach to Peacebuilding Create Sustainable Peace?
- Oliver P. Richmond, The evolution of the international peace architecture
- Joseph M. Brown & Tanisha M. Fazal, #SorryNotSorry: Why states neither confirm nor deny responsibility for cyber operations
- Eleanor Gordon & Henrik Kjellmo Larsen, The violent inaction of the state and the camp as site of struggle: The perspectives of humanitarian actors in Moria Camp, Lesvos
- Kevork Oskanian, Securitisation gaps: Towards ideational understandings of state weakness
- Maya Dafinova, Whole of (coalition) government: Comparing Swedish and German experiences in Afghanistan
- Anna Longhini & Erin Zimmerman, Regional security dialogues in Europe and in Asia: The role of Track 1.5 forums in the practice of international security
The forms of intervention of international courts in domestic affairs could be divided to three broad paradigms: (1) the Westphalian Paradigm (2) the Hierarchical Paradigm (3) the Network Paradigm. According to the Westphalian Paradigm, the role of international courts is to coordinate the interactions of sovereign states. According to the Hierarchical Paradigm, international courts initiate social change by issuing judgments that require states to amend their practices. Naturally, under this paradigm, courts are concerned about their ability to secure compliance with their judgments, but also about the legitimacy of their decisions and their ability to make good policy stipulations. According to the Network Paradigm, international courts are embedded within a vast web of actors with different interests. This chapter will survey the three different paradigms of international judicial review and demonstrate the unique considerations international courts need to take into account under every paradigm.
In its initial stages, the international legal discourse around COVID-19 focused heavily on two narrow questions: first, the international legality of lockdowns, and secondly whether China could be held legally responsible for the pandemic. In September 2020, Donald Trump called upon the UN to find China responsible for COVID-19. Similarly, Australia called for a fact finding mission over the question of China’s state responsibility. For its part China has rebuffed such claims, at one point seeming to place responsibility for the pandemic with the WHO or, more recently, with imported frozen food that allegedly triggered a super-spreader event at the Wuhan food market. These accusations are not simply of concern to a small number of government-employed international lawyers. The popular international law blog EJIL:Talk! announced in late 2020 that its most read post for the year was a piece by Peter Tzeng on the possibility of holding China internationally responsible for the pandemic. Tzeng’s piece was part of – and itself generated – a flurry of academic commentary on China’s potential legal responsibility.
Of course, one could retort here that the combination of veto rights at the UN Security Council, the absence of obvious grounds for ICJ jurisdiction and the operation of sovereign immunity make the possibility of China (or any other state for that matter) facing proceedings over COVID-19 wildly implausible. Questions of proof – both in the light of non-cooperation but also sheer uncertainty – and causation make the suggestion that anyone will be held internationally responsible sound like a cruel joke. One would be tempted to dismiss, then, these discussions as being irrelevant, as the expressions of an out-of-touch profession on the part of lawyers and simple rhetoric on the part of states.
However, it is important to resist this ‘realist’ impulse. It cannot explain why these ‘impossible’ accusations have recurred with such frequency in the discourse around the pandemic. Indeed, from this perspective it is the sheer implausibility of these legal schemes that makes their popularity worth interrogating. Why, in such a practice-orientated field as law, does such an seemingly impracticalset of accusations recur? Our argument is that law, including international law, has many functions: it represses, it distributes resources, opportunities and violence, and it produces representations of our relationship with the world, or, in other words, it operates as an ideology. Our intervention is concerned with this latter, ideological function of law. In particular, we seek to detect and critique the specific representations about the relationship between states, capital, and global disaster that are implicitly articulated through discussions of state responsibility for the pandemic.
Wednesday, October 6, 2021
Renglet & Smis: The Belgian Climate Case: A Step Forward in Invoking Human Rights Standards in Climate Litigation?
Bahri, Zhou, & Boklan: Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era
This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation?
The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system.
The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Monday, October 4, 2021
Longobardo: The Duties of Occupying Powers in Relation to the Prevention and Control of Contagious Diseases Through the Interplay between International Humanitarian Law and the Right to Health
This article explores the rules governing the prevention and control of contagious diseases in occupied territory under international law. Although the article refers to the ongoing Covid19 pandemic, its scope is broader and encompasses instances of state practice that have occurred over the last two centuries. After a careful analysis of the relevant treaties and episodes of state practice, the article concludes that occupying powers have duties under international humanitarian law and international human rights law to prevent and control contagious diseases, through cooperation with the local authorities and bringing the necessary medical supplies in the occupied territory. The article stresses that taking these measures, including facilitating the supply of vaccines, is a duty under international law rather than an arbitrary act of international solidarity.
OECD: Compendium of International Organisations’ Practices: Working Towards More Effective International Instruments
From combating COVID-19 and climate change to tackling corruption and tax evasion, international organisations (IOs) play a critical role in helping countries find solutions to common problems. But for IOs to deliver optimal support to countries and their populations, the international instruments they develop need to be inclusive, well understood and have a tangible impact. This Compendium of International Organisation’s Practices gathers the experiences of some 50 IOs with different mandates, members and institutional frameworks to draw lessons for international rulemaking. It examines the diversity of instruments in the international rulemaking ecosystem; describes trends and challenges; and discusses how to strengthen the implementation and evaluation of international instruments, ensure efficient stakeholder engagement, and maximise opportunities for co-ordination across IOs.
Symposium: The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law
- Schwerpunkt: Wir, die indigenen Völker in den Vereinten Nationen
- Theodor Rathgeber, Großer Fortschritt für die Rechte indigener Völker
- Regina Sonk, Indigene Sprachen – ein Menschenrecht
- Eliane Fernandes Ferreira, Gefahr für die Schwächsten
- Im Diskurs
- Lars Brozus & Marianne Beisheim, Standpunkt | Deutschland in den UN: regelbasiert, partizipativ, vorausschauend
- Stefan Schmitz, Vielfalt bewahren
- Maik Schmerbauch, Die UN historisch erforschen: Einblicke in ihr Archivwesen
- André Härtel & Martin Hock, Standpunkt | Bergkarabach: alter Konflikt, neue Lehren
Call for Papers/Appel à contributions: 17th Annual Conference of the European Society of International Law/17ème Conférence Annuelle de la Société Européenne de Droit International
Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims.
This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.
- Introduced by Beatrice Bonafé and Maurizio Arcari
- Laura Pineschi, Conflict prevention and climate change in the MINUSMA mandate under Resolution 2423 (2018): Mission impossible?
- Louis Balmond, Les organisations internationales régionales africaines face à l’impact du changement climatique sur les conflits et le cas particulier du Sahel
- Special Forum: Women, Peace and Security Twenty Years On: Implementation, Innovation and Operation
- Vanessa F Newby & Alanna O'Malley, Introduction: WPS 20 Years On: Where Are the Women Now?
- Lucy B Hall, Logics of Gender, Peace, and Security: Theorizing Gender and Protection at the Intersections of State and Civil Society
- Phyu Phyu Oo & Sara E Davies, Access to Whose Justice? Survivor-Centered Justice for Sexual and Gender-Based Violence in Northern Shan State
- Hannah Davies, Nationality versus Gender? The Administrative Politics of Gender Parity in the United Nations and the Implementation of SCR1325
- Cristina G Stefan, Opportunity for Gendering the Responsibility to Protect Agenda at the United Nations?
- Szilvia Csevár, Voices in the Background: Environmental Degradation and Climate Change as Driving Forces of Violence Against Indigenous Women
- Research Articles
- Nicole Wegner, Ritual, Rhythms, and the Discomforting Endurance of Militarism: Affective Methodologies and Ethico-Political Challenges
- Amit Julka, Gendered Honor: How Mass Common Sense Shaped India's Foreign Policy in Jammu and Kashmir, 1947–1950
- Froilan T Malit, Jr & Gerasimos Tsourapas, Weapons of the Weak? South–South Migration and Power Politics in the Philippines–GCC Corridor
- George Kyris & Bruno Luciano, Collective Recognition and Regional Parliaments: Navigating Statehood Conflict
- Matthew N Timmerman, Tough Enough: How Domestic Pressure to Use Force Affects Leaders Differently
- Elizaveta Gaufman, Eating Identity: Theorizing the Everyday Foreign Policy Assemblage
- Mark Copelovitch & Stephanie Rickard, Partisan Technocrats: How Leaders Matter in International Organizations
- Roxani Krystalli, Elizabeth Hoffecker, Kendra Leith, & Kim Wilson, Taking the Research Experience Seriously: A Framework for Reflexive Applied Research in Development
- Alexandria J Innes, Refugees or Illegal Immigrants: The Problem of the Group in Refugee Protection
- Jessica Kirk & Matt McDonald, The Politics of Exceptionalism: Securitization and COVID-19
- Enrique Restoy & Stefan Elbe, Drilling Down in Norm Diffusion: Norm Domestication, “Glocal” Power, and Community-Based Organizations in Global Health
- Eleonora Mattiacci, How Nuclear Issue Salience Shapes Counterproliferation
- Research Notes
- Leonie Holthaus, Practice Theory and the Opening Up of International Organizations
- Andrew Tirrell & Elizabeth Mendenhall, Cruise Ships, COVID-19, and Port/Flag State Obligations
- Reece Lewis, The Artificial Construction and Modification of Maritime Features: Piling Pelion on Ossa
- Suk Kyoon Kim, The Senkaku Islands Dispute Between Japan and China: A Note on Recent Trends
- Vanessa Arellano Rodríguez, Submarine Cables and the Marine Environment: Bringing the First Submarine Cable to the Galapagos
- Xuexia Liao, The Road Not Taken: Submission of Disputes Concerning Activities in Undelimited Maritime Areas to UNCLOS Compulsory Procedures