- 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 firstname.lastname@example.org with the subject line: "ILR 2021 Interesting Article/Book Submission"
Saturday, November 20, 2021
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars) (Reminder)
- Sheryl R. Lightfoot, Decolonizing Self-Determination: Haudenosaunee Passports and Negotiated Sovereignty
- Joanne Yao, An international hierarchy of science: conquest, cooperation, and the 1959 Antarctic Treaty System
- Johanna Rodehau-Noack, War as disease: biomedical metaphors in prevention discourse
- Tobias Heinrich, Yoshiharu Kobayashi, & Edward Lawson, Jr, Populism and foreign aid
- Matthew DiGiuseppe & Patrick E. Shea, Alliances, signals of support, and military effort
- Vincent Charles Keating & Lucy M Abbott, Entrusted norms: security, trust, and betrayal in the Gulf Cooperation Council crisis
- Vincenzo Bove & Tobias Böhmelt, Arms imports in the wake of embargoes
- Todd H Hall, Dispute inflation
- David Blagden, Roleplay, realpolitik and ‘great powerness’: the logical distinction between survival and social performance in grand strategy
- Jodok Troy, The realist science of politics: the art of understanding political practice
- Heather-Leigh Kathryn Ba & Timothy McKeown, Does grand theory shape officials’ speech?
- Christian Reus-Smit, The end of global pluralism?
- Beate Jahn, Critical theory in crisis? a reconsideration
The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.
Friday, November 19, 2021
All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and enable the United States to prosecute war crimes committed anywhere in the world regardless of the nationality of the victim or perpetrator, (2) withdraw and repudiate controversial Office of Legal Counsel memoranda advancing a crabbed interpretation of the concept of “protected persons” when it comes to individuals in the custody of a High Contracting Party to the Conventions, (3) restructure the statute to obviate the need to undertake a complicated conflict classification exercise, (4) enact a superior responsibility statute that would apply to war crimes and other international crimes within U.S. jurisdiction, and (5) re-penalize the war crime of “outrages upon personal dignity, in particular humiliating and degrading treatment,” which is prohibited by Common Article 3 but was decriminalized upon the passage of the Military Commissions Act of 2006.
- Magdalena Bas, Reimagining international relations teaching during (and after) COVID-19
- Special Issue: International Economic Law and the Covid-19 Sanitary Crisis
- Hervé Ascensio, Some questions about International Economic Law raised during the pandemic
- Julien Chaisse, International Economic Law and the COVID-19 sanitary crisis: an introduction
- Magali Favaretto Prieto Fernandes & Michelle Ratton Sanchez-Badin, Regulação do comércio internacional, políticas comerciais e medidas administrativas em respostas à pandemia do COVID-19: uma análise do caso brasileiro e do papel da OMC
- Thiago de Oliveira Frizera, Luisa Cortat Simonetti Gonçalves, & Adriano Sant'Ana Pedra, O dever humano de promoção da saúde: a avaliação comercial internacional em períodos de calamidade sanitárias e do retorno à normalidade
- Thomas Lehmann, Police Powers Doctrine: a reliable State Defense in times of Covid-19?
- Danilo Garnica Simini, Gabriel Carvalho Moreira, & Rafaela Souza Machado, A inexistência do controle preventivo legislativo de convencionalidade da Medida Provisória nº 936/2020
- Kalu Kingsley Anele, A critical analysis of the implications of Covid-19 on piracy off the Nigerian coast
- Adriana Isabelle Barbosa Lima Sá Leitão & Tarin Cristino Frota Mont'Alverne, The COVID-19 pandemic as an impeller for the aggravation of marine plastic pollution and economic crisis: the reserve effect of health protection measures on human lives
- Artigos sobre outros temas
- Talis Prado Pinto Junior & Arthur Roberto Capella Giannattasio, O Direito Internacional Humanitário nos pareceres consultivos da Corte Internacional de Justiça: uma conjugação de perspectivas utópicas e apologéticas
- Luisa Giannini & Roberto Vilchez Yamato, Contesting immunities in the International Criminal Court: an analysis of the rulings of the Pre-Trial Chambers and the Appeals Chamber in Bashir Case and its outcomes
- Nitish Monebhurrun & Leonardo Vieira Arruda Achtschin, Rumo à profissionalização da prevenção de controvérsias nos Acordos de Cooperação e Facilitação de Investimentos (ACFIs) do Brasil?
- Daniel Dela Coleta Eisaqui & Deilton Ribeiro Brasil, The preventive character of Disaster Law: tax incentives in environmental, social and governance (ESG) investments as a risk mitigation mechanism
- José Irivaldo Alves Oliveira Silva, A urgência de um modelo de governança internacional da água: elementos para a discussão
- Ana Maria D´Ávila Lopes & Patrícia K. de Deus Ciríaco, O fim da hierarquia supralegal dos tratados internacionais: análise da ADI n. 5.543/2020-DF à luz da teoria argumentativa de MacCormick
- Fernando Hoffmam & Jose Luis Bolzan de Morais, Os Direitos Humanos frente à normatividade “imperial” e a responsabilidade das empresas transnacionais por violação aos Direitos Humanos na era de “império”
- Diogo Dal Magro & Vinícius Borges Fortes, O reconhecimento facial nas smart cities e a garantia dos direitos à privacidade e à proteção de dados pessoais
- Marcus Vinícius Xavier de Oliveira, O desaparecimento forçado de pessoas e o desenvolvimento histórico de sua proscrição e fenomenologia na intersecção entre Direito Penal Internacional e Direito Internacional dos Direitos Humanos
- Anderson Vichinkeski Teixeira, Roberto Correia da Silva Gomes Caldas, & Luciane Klein Vieira, Constitucionalismo cooperativo global e direito internacional privado: instrumentos para uma governança de direito transnacional na integração
- Pablo Leurquin, Proteção da inovação pela aplicação do Direito da Concorrência da União Europeia: análise da indústria farmacêutica
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Ten Years On: Rethinking Transnational Environmental Law
- Veerle Heyvaert, Environmental Law as a Transnational Ecosystem
- Xiangbai He, Mitigation and Adaptation through Environmental Impact Assessment Litigation: Rethinking the Prospect of Climate Change Litigation in China
- Lei Xie & Lu Xu, Environmental Public Interest Litigation in China: A Critical Examination
- Stellina Jolly & K.S. Roshan Menon, Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India
- Charlotte Streck, Strengthening the Paris Agreement by Holding Non-State Actors Accountable: Establishing Normative Links between Transnational Partnerships and Treaty Implementation
- Vyoma Jha, ‘Soft Law in a Hard Shell’: India, International Rulemaking and the International Solar Alliance
- Arron Nicholas Honniball, Engaging Asian States on Combating IUU Fishing: The Curious Case of the State of Nationality in EU Regulation and Practice
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.
Thursday, November 18, 2021
- J.H. Fahner, From State Aid to Autonomy and Back: The Commission’s Continuing Campaign Against Intra-EU ISDS
- Fernando Arlettaz, MERCOSUR Citizenship: Failed Transition from Economic to Political Integration?
- Marton Varju & Mónika Papp, Turnover Taxes, the Fight for the National Tax Base and the EU Court of Justice: An Undeserved Triumph for Member State Direct Tax Autonomy?
- Eunjung Oh, Digital Trade Regulation in the Asia-Pacific: Where Does It Stand? Comparing the RCEP E-commerceChapter with the CPTPP and the JSI
- Bogdan-Florin Nae, ‘Weed-ing’ Out Disproportionate Regulation: The Free Movement of CBD in the European Union Following the Kanavape Judgment
Wednesday, November 17, 2021
- E. Tendayi Achiume & Tamara Last, Decolonial Regionalism: Reorienting Southern African Migration Policy
- Fernanda Frizzo Bragato & Alex Sandro da Silveira Filho, The Colonial Limits of Transnational Corporations’ Accountability for Human Rights Violations
- Dorothy Makaza-Goede, Through the Contestation Looking-Glass: State Immunity and (Non)Compliance with the International Criminal Court
- Special Feature: The League of Nations Decentered
- Kathryn Greenman & Ntina Tzouvala, Foreword: The League of Nations Decentred
- Paola Zichi, “We Desire Justice First, Then We Will Work for Peace”: Clashes of Feminisms and Transnationalism in Mandatory Palestine
- Sophie Rigney, On Hearing Well and Being Well Heard: Indigenous International Law at the League of Nations
- Shaimaa Abdelkarim, Nuances of Recognition in the League of Nations and United Nations: Examining Modern and Contemporary Identity Deformations in Egypt
- Parvathi Menon, Negotiating Subjection: The Political Economy of Protection in the Iraqi Mandate (1914-1932)
- Ryan Martínez Mitchell, Monroe’s Shadow: League of Nations Covenant Article 21 and the Space of Asia in International Legal Order
Tuesday, November 16, 2021
Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.
Monday, November 15, 2021
This paper addresses the questions of what role international economic law has played in the story of digital inequality’s emergence and evolution, and how international economic law can reduce digital inequality instead of enhancing it. The first part of this study illustrates the uneasy interplay between digital inequality and international economic law. At the network layer, the economic benefit of the GATS mode 3 (foreign investment) market access commitments in the telecommunications sector has never been realized in many developing countries and LDCs. There is a missing link between the consequences of trade liberalization and broadband investment. At the application layer, today’s platformization of services was an ‘unforeseen development’ at the time the WTO was established. Through the pro-liberalization WTO jurisprudence, Members’ decades-old mode 1 (cross-border) market access commitments have played more than a marginal legal role in global datafication. The second part of this study discusses how international economic law can confront and potentially redress that inequality. In the context of trade and development, it remains to be seen how the WTO Members can find common ground needed to balance digital trade liberalization and development needs. Unless infrastructure concerns from developing countries and the LDCs are addressed, the ongoing WTO e-commerce trade deal may end up being labeled the Digital ‘Haves’ Trade Agreement. In the context of trade and competition, the increasing inequality in digital platforms calls for a set of international competition rules to appropriately address market power in the data sector. By imposing cross-border disciplines for competition policy and thus curbing the power of big digital platforms, the proposed ‘WTO Data Reference Paper’ may well be an effective instrument to address the second dimension of ‘digital inequality’ - data colonization.
This Article explores the conceptualization of race and racial justice in relation to international borders in dominant liberal democratic discourse and theory of First World nation-states. It advances two analytical claims. The first is that contemporary national borders of the international order—an order that remains structured by imperial inequity—are inherently racial. The default of liberal borders is racialized inclusion and exclusion that privileges “Whiteness” in international mobility and migration. This racial privilege inheres in the facially neutral legal categories and regimes of territorial and political borders, and in international legal doctrine. The second is that central to theorizing the system of neocolonial racial borders is understanding race itself as border infrastructure. That is to say, race operates as a means of enforcement of liberal territorial and political borders, and as a result, international migration governance is also a mode of racial governance. Normatively, the Article outlines the specific relational injustices of racial borders.
This essay surveys the criticisms directed at international investment agreements (IIAs) and their reliance on investor-State dispute settlement (ISDS) as well as the leading reform venues that have been addressing them: UNCTAD, ICSID, and UNCITRAL. It argues that despite these ambitious efforts, the international investment regime’s reliance on investor-State arbitration will not be wholly displaced by any of the alternatives under active discussion – from national courts to mediation to a Multilateral Investment Court. In the long run, current reform efforts are likely to produce an ever more complex regime, governed by more diverse substantive rules interpreted by more complex options for dispute resolution. The focus on reforming the ways investor-State disputes are resolved fails to respond to doubts about the need for IIAs, undermines aspirations to harmonize international investment law, and ignores dire needs for stimulating (and protecting) foreign capital flows to achieve the goals of the Sustainable Development Goals – from mitigating climate change to preventing the next pandemic.
May a threatened state use force against armed nonstate actors situated in another state? Proponents of the “Unable or Unwilling Doctrine” (UUD) answer in the affirmative, provided that the territorial state in which the nonstate actors are based is either unable or unwilling to tackle the threat by itself. Opponents reject the UUD, arguing that it has no place within existing international law.
The intense, multi-layered debates over the UUD have thus far been grounded primarily in the international law of self-defense. Moreover, both proponents and opponents of the doctrine have tended to treat its two prongs as interchangeable, such that the legality of a use of force or the consequences that follow from it are unaffected by which of the two explains the territorial state’s failure to negate the threat to the targeted state. This article challenges both of these features of UUD analysis.
Our first contention is that, while states enjoy limited leeway to use defensive force against nonstate actors in another state’s territory, the prerogative to enter the territorial state without other authorization is rooted in principles of necessity, not self-defense. In turn—and here we reach our second main contention—grounding the UUD in necessity suggests that, for cases in which the territorial state is unable, rather than unwilling, to deal with the threat, the threatened state is obligated to compensate the territorial state for its unpermitted entry, as well as for any resulting personal injury or property damage (other than harm to legitimate targets). Our third contribution is to explain why compensation might be owed, as a matter of equity, even in circumstances in which a state can claim, reasonably, that it bears no international legal responsibility.
All of these claims, we contend, are bolstered by interpreting international law through the lens of private law, particularly the Anglo-American law of tort and restitution and its rules for the imposition of liability in cases of “private necessity.”
- Riccardo Pavoni, Thirty Volumes On: Genesis, Development and Prospects of the Italian Yearbook of International Law
- Symposium: Cities and International Law
- Giuseppe Nesi, The Shifting Status of Cities in International Law? A Review, Several Questions and a Straight Answer
- Lucas Lixinski, Paradoxes of Visibility and Preservation: Cultural Heritage Law and the Making of the City as an International Legal Category
- Riccardo Pavoni, Sustainable Development as A Cornerstone of Cities’ Engagement With International Law
- Christine Bakker, Are Cities Taking Center-Stage? The Emerging Role of Urban Communities As “Normative Global Climate Actors”
- Kaara Martinez, In the Face of Financialization: Cities and the Human Right to Adequate Housing
- Daniel Litwin, The Urban-Rural Divide: Spatial Inequalities and Backlash in the Investment Treaty Regime
- Francesco Francioni, Cities and Countryside: An International Law Perspective
- Focus: The Enrica Lexie Award
- Giuseppe Cataldi, The Enrica Lexie Award Amid Jurisdictional And Law Of The Sea Issues
- Loris Marotti, A Satisfactory Answer? The Enrica Lexie Award And The Jurisdiction Over Incidental Questions
- Raffaella Nigro, The Arbitral Award In The Enrica Lexie Case And Its Questionable Recognition of Functional Immunity to the Italian Marines Under Customary International Law
- Natalino Ronzitti, Functional Immunity of the Marines on The Enrica Lexie: A Reply to Raffaella Nigro
- Luca Poltronieri Rossetti, Electing Judges and Prosecutors of The International Criminal Court: A Reappraisal Of The Practice Through The Lenses of Transparency And Legitimacy
- Roberto Virzo, Limits to Measures of Confiscation of Property Linked to Serious Criminal Offences on the Case Law of the European Court of Human Rights
- Marina Mancini, The Agreement Between Greece and Italy on the Delimitation of Their Respective Maritime Zones: An Italian Perspective
Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.
The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.
This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.
Lecture: Singh on "Goddesses, Rivers, Mountains: Omnipresence over Universalisation in the Himalayan States"
Conference: Interpretation of Customary International Law: Methods, Interpretative Choices & The Role of Coherence
Sunday, November 14, 2021
- Lene Hansen, Rebecca Adler-Nissen, & Katrine Emilie Andersen, The visual international politics of the European refugee crisis: Tragedy, humanitarianism, borders
- Tom Bentley, When is a justice campaign over? Transitional justice, ‘overing’ and Bloody Sunday
- Anne Menzel, Delivering output and struggling for change: Tacit activism among professional transitional justice work in Sierra Leone and Kenya
- Jan Daniel & Jakub Eberle, Speaking of hybrid warfare: Multiple narratives and differing expertise in the ‘hybrid warfare’ debate in Czechia
- Laura S Martin, (En)gendering post-conflict agency: Women’s experiences of the ‘local’ in Sierra Leone
- Holger Janusch, Audience, agenda setting, and issue salience in international negotiations
Kulamadayil: Between Activism and Complacency, International Law Perspectives on European Climate Litigation
- Special Issue: Business and Human Rights: Legal Aspects
- Surya Deva, COVID-19, Business, and Human Rights: A Wake-Up Call to Revisit the “Protect, Respect and Remedy” Framework?
- Bożena Gronowska & Julia Kapelańska-Pręgowska, Transnational Corporations and Human Rights: Is It Really a Gordian Knot?
- Elżbieta Karska, Drafting an International Legally Binding Instrument on Business and Human Rights: The Next Step towards Strengthening the Protection of Human Rights
- Jelena Aparac, Gaps in Corporate Liability: Limited Investigations of Corporate Crimes in Armed Conflicts
- Karol Karski & Bartosz Ziemblicki, Commercial Companies as Applicants before the European Court of Human Rights
- Marcin Wiącek, Legal Position of Administrative Courts in Poland: Commercial and Financial Cases Perspective
- Alexander Orakhelashvili, Enemy at the court: Carl Schmitt's theory of friend-enemy relations and UK courts' (non)use of international law in domestic litigation
- Theodor Schilling, On the Universality of Human Rights as Norms and Rights
- Andreas Zimmermann & Nora Jauer, Legal shades of grey? Indirect legal effects of 'Memoranda of Understanding'
- Fatma Karakas-Dogan, Turkey and the Istanbul Convention: An Evaluation of How Human Rights and Criminal Law Interact
- Im Fokus: Drohnenangriffe und grundrechtliche Schutz- und Sorgfaltspflichten
- Thilo Marauhn, Daniel Mengeler, & Vera Strobel, Deutsche Außen- und Verteidigungspolitik vor dem BVerwG: Extraterritoriale grundrechtliche Schutzpflichten bei US‑amerikanischen Drohneneinsätzen
- Maria Monnheimer & Stefan Schäferling, Drohnenangriffe und menschenrechtliche Sorgfaltspflichten – Der Fall Ramstein unter Berücksichtigung von EMRK und IPbpR