Thursday, November 11, 2021

New Issue: Asia-Pacific Journal of Ocean Law and Policy

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 6, no. 2, 2021) is out. Contents include:
  • Nguyễn Hồng Thao, South China Sea: New Battle of the Diplomatic Notes among Claimants in 2019–2021
  • Quentin Hanich, Myeonghwa Jung, Alice McDonald, Seoyeon Oh, Sukran Moon, Jieun An, & Mikyeong Yoon, Tuna Fisheries Conservation and Management in the Pacific Islands Region: Implications for Korean Distant Water Fisheries
  • Nong Hong, Weighing the Sources of International Law: The Arctic, Antarctica and the South China Sea
  • Aspasia Pastra, Meinhard Doelle, & Tafsir Johansson, The Shipping Sector and Ports as Central Actors in the Decarbonization Effort: A Case Study of China

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 21, no. 6, 2021) is out. Contents include:
  • Amina Adanan, United Kingdom Policy Towards Universal Jurisdiction Since the Post-War Period
  • Diego Mejía-Lemos, The Concept of ‘Essence’ and Its Uses in the Identification and Application of Customary International Law by International Criminal Courts and Tribunals
  • Mohamad Ghazi Janaby & Ahmed Aubais Alfatlawi UN Efforts to Make ISIS Accountable for International Crimes: The Challenges Posed by Iraq’s Domestic Law
  • Shannon Fyfe, Intent, Responsibility, and the Treatment of Migrant Communities
  • James Meernik & Kimi King, The Fairness of International Justice

Wednesday, November 10, 2021

New Issue: International Theory

The latest issue of International Theory (Vol. 13, no. 3, November 2021) is out. Contents include:
  • Articles
    • Kenneth W. Abbott & Benjamin Faude, Choosing low-cost institutions in global governance
    • Sean Fleming, Leviathan on trial: should states be held criminally responsible?
    • Stephen Aris, International vs. area? The disciplinary-politics of knowledge-exchange between IR and Area Studies
    • Gabriel Mares, Just war theory after colonialism and the war on terror: reexamining non-combatant immunity
  • Symposium: In the Midst of Theory and Practice
    • Hannes Peltonen & Knut Traisbach, In the midst of theory and practice
    • Hannes Peltonen & Knut Traisbach, In the midst of theory and practice: a foreword
    • Antje Wiener, A field day with Fritz: introduction to the Symposium
    • Nicholas Onuf, Bewitching the world: remarks on ‘Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis’
    • Knut Traisbach, On concepts, conceptions, and conceptors: remarks ‘On the concept of law’
    • Xymena Kurowska, Politics as Realitätsprinzip in the debate on constitutions and fragmented orders: remarks ‘On constitutions and fragmented orders’
    • Christian Bueger, Meditating deformalization: remarks on ‘Of experts, helpers, and enthusiasts’
    • Guilherme Vasconcelos Vilaça, Hope behind the critique of grand narratives of collective salvation: remarks on ‘The power of metaphors and narratives’
    • Oliver Westerwinter, From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’
    • Jennifer M. Welsh, Unsettling times for human rights: remarks on ‘The politics of rights’
    • Kathryn Sikkink, Meditating on rights and responsibility: remarks on ‘the limits and burdens of rights’
    • Hannes Peltonen, Sense and sensibility or: remarks on the ‘bounds of (non)sense’
    • Friedrich Kratochwil, On engagement and distance in social analysis: a reply to my critics

Chalmers & Pahuja: Routledge Handbook of International Law and the Humanities

Shane Chalmers
(Univ. of Melbourne - Law) & Sundhya Pahuja (Univ. of Melbourne - Law) have published Routledge Handbook of International Law and the Humanities (Routledge 2021). The table of contents is here. Here's the abstract:
This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6).

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 37, no. 3, September 2021) is out. Contents include:
  • Articles
    • Franco Ferrari, Plures leges faciunt arbitrum
    • Jacomijn J van Haersolte-van Hof, Impartiality and independence: fundamental and fluid
    • Gaurav Natarajan Ramani, One size doesn’t fit all: the General Data Protection Regulation vis-à-vis international commercial arbitration
    • Rekha Rangachari & Kabir Duggal, Different but similar?: Comparing the IBA Rules on the taking of evidence with the Prague Rules
  • Case Notes
    • Aaron Yoong, Of principle, practicality, and precedents: the presumption of the arbitration agreement’s governing law
    • Samuel Yee Ching Leung & Alex Chun Hei Chan, The duties of impartiality, disclosure, and confidentiality: lessons from a London-seated arbitration
  • Recent Developments
    • Alexander J Marcopoulos, Revisiting the risk of undesired appeal in investment treaty arbitration: is deference to the tribunal’s award still less likely in the ICSID context?
    • Robert Bradshaw, Deception and detection: the use of technology in assessing witness credibility
    • Stefan Pislevik, I now pronounce you ‘null and void’: manner of determination and the applicable law under the New York Convention
    • Mikhail Kalinin & Michael Peer, The lacking interest in interest rates: will the phase-out of LIBOR and negative rates go unnoticed by arbitration practitioners?
    • Andrijana Mišović, Binding non-signatories to arbitrate—the United States approach

Tuesday, November 9, 2021

Bhuta, Hoffmann, Knuckey, Mégret, & Satterthwaite: The Struggle for Human Rights: Essays in honour of Philip Alston

Nehal Bhuta
(Univ. of Edinburgh - Law), Florian Hoffmann (Pontifícia Universidade Católica do Rio de Janeiro - Law), Sarah Knuckey (Columbia Univ. - Law), Frédéric Mégret (McGill Univ. - Law), & Margaret Satterthwaite (New York Univ. - Law) have published The Struggle for Human Rights: Essays in honour of Philip Alston (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society.

Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.

Monday, November 8, 2021

Trebilcock: Navigating the Free Trade–Fair Trade Fault-Lines

Michael J. Trebilcock
(Univ. of Toronto - Law) has published Navigating the Free Trade–Fair Trade Fault-Lines (Edward Elgar Publishing 2021). Here's the abstract:
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade–Fair Trade Fault-Lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.

Call for Submissions: A Greener International Law: International Legal Responses to the Global Environmental Crisis

The Netherlands Yearbook of International Law has issued a call for submissions for its forthcoming volume 52 (2021) on the topic of "A Greener International Law: International Legal Responses to the Global Environmental Crisis." The call is here.

New Volume: Recueil des Cours

Volume 419 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 419
    • Robert Kolb, Le droit international comme corps de droit privé et de droit public. Cours général de droit international public

Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars)

As last year, I am issuing a call for submissions directed to junior scholars only (advanced PhD students and junior academics/practitioners) asking for their views on the most "interesting, important, or influential" article or book published in 2021. I will post on this blog a selection from the submissions received. Thanks in advance to all who participate. Some rules:
  • One submission per person
  • The submission may recommend both an article and a book, but not more than one article and not more than one book
  • The article/book must pertain to international law, though it need not have been written by a lawyer
  • The article/book must have been published in the year 2021
  • Include the article/book title and an internet link to the publication
  • The article/book may be in any language, but the submission recommending the article/book must be in English
  • Include an explanation for your choice, but not more than two paragraphs per article/book
  • Self-nominations will not be accepted
  • Deadline: December 6, 2021, 5:00pm Eastern Time
  • Not all submissions will be posted on the ILR blog
  • By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
  • Successful submissions will be posted the week of December 13, 2021
  • Include your name, current position, and current affiliation with your submission
  • Submissions should be emailed to jacob.cogan@uc.edu with the subject line: "ILR 2021 Interesting Article/Book Submission"

Sunday, November 7, 2021

Amao, Olivier, & Magliveras: The Emergent African Union Law: Conceptualization, Delimitation, and Application

Olufemi Amao
(Univ. of Sussex - Law), Michèle Olivier (Dar Al-Hekma Univ. - Law), & Konstantinos D. Magliveras (Univ. of the Aegean - Mediterranean Studies) have published The Emergent African Union Law: Conceptualization, Delimitation, and Application (Oxford Univ. Press 2021). The table of contents is here. Here's the abstract:

This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism.

The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.

Liao: The Continental Shelf Delimitation Beyond 200 Nautical Miles: Towards A Common Approach to Maritime Boundary-Making

Xuexia Liao
(Peking Univ. - Law) has published The Continental Shelf Delimitation Beyond 200 Nautical Miles: Towards A Common Approach to Maritime Boundary-Making (Cambridge Univ. Press 2021). Here's the abstract:
The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 81, no. 3, 2021) is out. Contents include:
  • Comment
    • Elif Askin, Environmental Injustice: The (Unaddressed) Case of Toxic Waste Disposal in the Global South
  • Special Issue: International Law and the Internet
    • Angelo Jr Golia, Matthias C. Kettemann, & Raffaela Kunz, International Law and the Internet
    • Rolf H. Weber, Integrity in the ‘Infinite Space’ – New Frontiers for International Law
    • Nula Frei, Equality as a Principle of the Networked World? An Exploratory Search for ‘Cyber-Equality’ in the Field of Internet Governance
    • Chien-Huei Wu, Sovereignty Fever: The Territorial Turn of Global Cyber Order
    • Annalisa Ciampi, The Role of the Internet in International Law-Making, Implementation and Global Governance
    • Antonio Segura-Serrano, Cybersecurity and Cybercrime: Dynamic Application versus Norm-Development
    • Stefano Dominelli, Internet and eDiplomacy: ‘Traditional’ Diplomatic Law in the Digital Era
    • Patricia A. Vargas-León, Microsoft Corp. v. United States and the ‘Hot Pursuit’: A Case Study Against the Application of the Law of the Sea into the Cyberspace
    • Christine Kaufmann, Responsible Business in a Digital World – What’s International Law Got to Do With It?
    • Cäcilia Maria Hermes, Cyberspace as an Example of Self-Organisation from a Network Perspective
    • Ralph Janik, Interpretive Community 2.0: How Blogs and Twitter Change International Law Scholarship

Conference: Looking from the Outside In: Evaluating IHL from Other Normative Perspectives

On November 8-10, 2021, the Minerva Center for Human Rights will hold online its 16th Annual Minerva Conference on International Humanitarian Law. The topic is: "Looking from the Outside In: Evaluating IHL from Other Normative Perspectives." The program is here. Registration is here.