Saturday, November 27, 2021

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 32, no. 3, August 2021) is out. Contents include:
  • Letters to the Editors
    • Freddie Sourgens, Tara Van Ho, Cancelling Schmitt
  • Editorial
    • Editorial: Brexit, the Irish Protocol and the ‘Versailles Effect’; In This Issue; In This Issue – Reviews
  • Articles
    • Bernard M. Hoekman & Petros C. Mavroidis, Preventing the Bad from Getting Worse: The End of the World (Trade Organization) As We Know It?
    • Antonio Coco & Talita de Souza Dias, ‘Cyber Due Diligence’: A Patchwork of Protective Obligations in International Law
    • Felix E. Torres, Reparations: To What End? Developing the State’s Positive Duties to Address Socio-economic Harms in Post-conflict Settings through the European Court of Human Rights
    • Johannes Hendrik Fahner, In Dubio Mitius: Advancing Clarity and Modesty in Treaty Interpretation
  • EJIL: Debate!
    • Gábor Kajtár & Gergő Barna Balázs, Beyond Tehran and Nairobi: Can Attacks against Embassies Serve as a Basis for the Invocation of Self-defence?
    • Tom Ruys, Can Attacks against Embassies Serve as a Basis for the Invocation of Self-Defence? A Reply to Gábor Kajtár and Gergő Balázs
  • EJIL: Debate!
    • Alec Stone Sweet, Wayne Sandholtz & Mads Andenas, Dissenting Opinions and Rights Protection in the European Court: A Reply to Laurence Helfer and Erik Voeten
    • Laurence R. Helfer and Erik Voeten, Walking Back Dissents on the European Court of Human Rights: A Rejoinder to Alec Stone Sweet, Wayne Sandholtz and Mads Andenas
  • Roaming Charges: Places with a Soul
    • Agata Wiącek, Pining for Re-entry
  • Critical Review of Governance
    • Fionnuala Ní Aoláin, ‘Soft Law’, Informal Lawmaking and ‘New Institutions’ in the Global Counter-Terrorism Architecture
  • Book Review Symposium: Martti Koskenniemi, To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300-1870
    • Nehal Bhuta. ‘Let us suppose that universals do not exist’: Bricoleur and Bricolage in Martti Koskenniemi’s To the Uttermost Parts of the Earth
    • Julia Costa Lopez, Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives: Chapter 1: Legal Imagination in a Christian World
    • Luigi Nuzzo, The Law That Wasn’t There: Chapter 2: The Political Theology of Ius Gentium – The Expansion of Spain 1524–1559
    • Francesca Iurlaro, Disenchanting Gentili: Chapter 3: Italian Lessons. Ius Gentium and Reason of States
    • Benjamin Straumann, Is the Law the Soul of the State?: Chapter 4: The Rule of Law – Grotius
    • Daniel Lee, Delegating Sovereignty: Chapter 5: Governing Sovereignty: Negotiating French Absolutism in Europe
    • Gabriella Silvestrini, Historical Imagination: Reason, Revolution, Restoration: Chapter 6: European Public Law 1715–1804
    • Gillian Weiss, A Mediterranean View on Slavery and French Empire: Chapter 7: Colonies, Companies, Slaves: French Dominium in the World, 1627–1804
    • Sarah Mortimer, From the Margins to the Centre: The Law of Nature and of Nations in England and Britain: Chapter 8: The Law and Economics of State-Building: England c.1450–c.1650
    • Thomas Poole, Time for Federalist Speculation: Chapter 9: Giving Law to the World – England, 1635–1830
    • Priya Satia, Risking a Colonial Anticolonialism: Chapter 10: Global Law: Ruling the British Empire
    • Ere Nokkala, Contexts of Early Modern German Legal Imagination: On Transformations of German Natural Law – Governing the State-Machine: Chapter 11: A Science of State-Machines
    • Nehal Bhuta, ‘Like a Tree in the Garden of State Sciences’: From Staatswissenschaften to External Public Law: Chapter 12: The End of Natural Law: German Freedom 1734–1821
    • Martti Koskenniemi, ‘Stuck in Salamanca’: A Response
  • Review Essays
    • Carl Landauer, The Stuff of International Law. Review of Jessie Hohmann and Daniel Joyce (eds) International Law’s Objects
    • David M. Scott & Ukri Soirila, The Politics of the Moot Court. Review of Mark Thomas and Lucy Cradduck. The Art of Mooting: Theories, Principles and Practice
  • Book Reviews
    • Mai Taha, reviewing Cait Storr, International Status in the Shadow of Empire: Nauru and the Histories of International Law
    • Fabian Simon Eichberger, reviewing Gus van Harten, The Trouble with Foreign Investor Protection
  • The Last Page
    • Juana Inés de la Cruz, Hombres necios que acusáis

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 24, nos. 5-6, November 2021) is out. Contents include:
  • Elżbieta Czarny-Drożdżejko, Exclusive right of communication of works to the public in the legal system of the European Union
  • Uchenna F. Ugwu, Maximizing the differentiation principle in regional IP treaties to advance food security: Limitations in West Africa's regional IP and trade regime
  • Alix C. Heugas, Protecting image rights in the face of digitalization: A United States and European analysis
  • Cheng Peng Sik, Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law
  • Franky Varah, Chodang Pamreishang, & Sophayo Khamrang, Protecting expressions of Naga folklore through sui generis model
  • Sadiya S. Silvee & Madanoor Mohammed Wasaf, Intellectual property rights in e-commerce industry of Bangladesh
  • Ramesh B. Karky, Japanese biotechnology regulation and life science (gene) patenting
  • Sayantani Datta, Padmavati Manchikanti, & Niharika S. Bhattacharya, Enhancing geographical indications protection in India for community relevance
  • Sparsh Sharma, The debate around the access to vaccine and licensing amidst second wave of COVID-19 in India
  • Talat Chaudhary & Arshi Chaudhary, TRIPS waiver of COVID-19 vaccines: Impact on pharmaceutical industry and what it means to developing countries
  • Harshita Agarwal, Capitalizing an epidemic: Does voluntary license stabilizes access to patented vaccines and public health crisis?

Bassan: Digital Platforms and Global Law

Fabio Bassan
(Università degli Studi Roma Tre) has published Digital Platforms and Global Law (Edward Elgar Publishing 2021). The table of contents is here. Here's the abstract:

Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.

The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.

New Issue: Review of European, Comparative & International Environmental Law

The latest issue of the Review of European, Comparative & International Environmental Law (Vol. 30, no. 3, November 2021) is out. Contents include:
  • Original Articles
    • Colin Mackie, Due diligence in global value chains: Conceptualizing ‘adverse environmental impact’
    • Gillian Moon, Arrested ambition? Foreign investor protections, stabilization clauses and fossil-fuelled power generation in developing countries
    • Matthias Honegger, Wil Burns, & David R. Morrow, Is carbon dioxide removal ‘mitigation of climate change’?
    • Elisabeth V. Henn, Protecting forests or saving trees? The EU's regulatory approach to global deforestation
    • Elien Verniers, Bringing animal welfare under the umbrella of sustainable development: A legal analysis
    • Rahel Zimmermann, The World Health Organization as actor in international environmental law? An analysis by example of the global waste challenge
    • Jakub Handrlica, The mirage of universalism in international nuclear liability law: A critical assessment 10 years after Fukushima
    • Viktor Weber, Are we ready for the ship transport of CO2 for CCS? Crude solutions from international and European law
    • Yayun Shen & Michael Faure, Private standards for the public interest? Evidence from environmental standardization in China
  • Case Note
    • Chiara Macchi & Josephine van Zeben, Business and human rights implications of climate change litigation: Milieudefensie et al. v Royal Dutch Shell

Lustig: The Enduring Charter: Corporations, States, and International Law

Doreen Lustig (Tel Aviv Univ. - Law) has posted The Enduring Charter: Corporations, States, and International Law (in The Law and Logics of Attribution: Constructing the Identity and Responsibility of States and Firms, Melissa J. Durkee ed., forthcoming). Here's the abstract:
This chapter chronicles the lingering presence and influence of international law on the regulatory options available for corporations operating both within and outside state borders and offers an alternative to the conventional history positing the irrelevance of international law to the question of business corporations. During the nineteenth century, a corporation came to be considered a private entity formed for the purpose of pursuing commercial ends. Prior to that time, the identity of corporations was less clearly defined, and they owed their existence to the governments that chartered them. In the context of international law, this transition would gain prominence in the latter part of nineteenth century in debates among scholars in the field about the involvement of chartered companies in the scramble for Africa. As the nineteenth century drew to an end, most chartered companies were dissolved. Consequently, the international legal debate over the legitimacy of using companies as governing authorities in Africa was put to rest. In the following decades, international legal scholars rarely considered the private business corporation an issue of concern or subject for examination in key treatises or other works. Yet, reading the commentaries of these international lawyers along with the experience of the post-charter legal order exposes how the presumption of separate spheres between the public (authority of governments) and the private (authority of firms) did not necessarily result in the resumption of responsible governance on the part of the imperial state. Nor did business enterprises make a radical shift away from the practices associated with the charter era. Rather, the international legal doctrines of state responsibility, diplomatic protection, human rights, and investment law weaved a veil that concealed much of the activities of corporations from legal scrutiny and nurtured the alliance between powerful governments and commercial corporations.

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 25, no. 10, 2021) is out. Contents include:
  • Marc-André Anzueto, In the shadow of Canadian imperialism? Strategic human rights litigation in Guatemala (2009–2019)
  • Christopher Roberts, Reversing the burden of proof before human rights bodies
  • Lamis Abdelaaty, The relationship between human rights and refugee protection: an empirical analysis
  • Edita Gzoyan & Regina Galustyan, Forced marriages as a tool of genocide: the Armenian case
  • Bella Kovner, Adar Zehavi & Daphna Golan, Unaccompanied asylum-seeking youth in Greece: protection, liberation and criminalisation
  • Marcin Szwed, The Polish model of civil post-conviction preventive detention in the light of the European Convention on Human Rights
  • Jakob Schou Kupferberg, Migration and dignity – relocation and adaptation in the face of climate change displacement in the Pacific – a human rights perspective
  • Dawid Sześciło & Stanisław Zakroczymski, From Paris to Venice: the international standard of the ombudsman’s independence revisited
  • Kasim Balarabe, Open grazing legislations and the protection of ethnic minority rights in Nigeria
  • Sebghatullah Qazi Zada, Breach of Afghanistan’s international obligations using the due diligence standard to combat violence against women

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 12, no. 3, September 2021) is out. Contents include:
  • Articles
    • Matthias Vanhullebusch, Complying with Custom before the World Court: Towards a Relational Normativity
    • Dilyara Nigmatullina, Planned Early Dispute Resolution Systems and Elements: Experiences and the Promise of Technology
    • Harshad Pathak, Jurisdictional Conflicts between Investment Treaty and Commercial Arbitration—The Role of Lis Pendens
    • Dai Tamada, Inter-State Communication under ICERD: From ad hoc Conciliation to Collective Enforcement?
  • Current Developments
    • Xuan Shao, Disrupt the Gambler’s Nirvana: Security for Costs in Investment Arbitration Supported by Third-Party Funding
    • Attila M Tanzi, Adjudication at the Service of Diplomacy: The Enrica Lexie Case
    • Marcin J Menkes, ISDS Reform: Financing of the Permanent Investment (Appeals) Body
    • Felicia A Grey, Arbitration as an Alternative Dispute Settlement Mechanism at the WTO
    • Ilias Bantekas, Transnational Islamic Finance Disputes: Towards a Convergence with English Contract Law and International Arbitration

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 20, no. 5, December 2021) is out. Contents include:
  • Ingo Borchert, Paola Conconi, Mattia Di Ubaldo, & Cristina Herghelegiu, The Pursuit of Non-Trade Policy Objectives in EU Trade Policy
  • Maria Anna Corvaglia, Labour Rights Protection and Its Enforcement under the USMCA: Insights from a Comparative Legal Analysis
  • Abdur Chowdhury, Xuepeng Liu, Miao Wang, & M. C. S. Wong, The Role of Multilateralism of the WTO in International Trade Stability
  • Asif H. Qureshi, US Surveillance of Foreign Currency Exchange and Macroeconomic Practices
  • Simon Abendin & Pingfang Duan, Global E-Commerce Talks at the WTO: Positions on Selected Issues of the United States, European Union, China, and Japan

Call for Papers: The Political and Legal Theory of International Courts and Tribunals

PluriCourts has issued a call for papers for a workshop on "The Political and Legal Theory of International Courts and Tribunals," to take place June 20-21, 2022, in Oslo. The theme is: "Legitimacy Criticisms and Theories of Adjudication." The call is here.

Tuesday, November 23, 2021

Workshop: The Italian Yearbook of International Law at 30

On November 29-30, 2021, the Italian Yearbook of International Law will hold online and in-person at the Università degli Studi di Siena a workshop to celebrate its thirtieth anniversary: "IYIL @30: The IYIL Anniversary Workshop." Program and registration are here.

New Issue: Climate Law

The latest issue of Climate Law (Vol. 11, nos. 3-4, 2021) is out. Contents include:
  • Research Article
    • Diana Azarnoush Arsanjani Reisman, Rebus sic stantibus as a Stabilizing Doctrine in the Climate Crisis
  • Special Issue: Article 6 of the Paris Agreement
    • Lisa Benjamin & David A. Wirth, From Marrakesh to Glasgow: Looking Backward to Move Forward on Emissions Trading
    • Géraud de Lassus St-Geniès, Might Cooperative Approaches Not Be So Cooperative? Exploring the Potential of Article 6.2 of the Paris Agreement to Generate Legal Disputes
    • Gillian Moon & Christoph Schwarte, The Paris Agreement’s Article 6 Market Mechanisms and WTO Law
    • David Rossati, A Question of Value: On the Legality of Using Kyoto Protocol Units under the Paris Agreement

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 43, no. 4, November 2021) is out. Contents include:
  • Tara Van Ho, Defining the Relationships: “Cause, Contribute, and Directly Linked to” in the UN Guiding Principles on Business and Human Rights
  • Lumina S. Albert, The Unintended Consequences of the Legalization of Prostitution: Lifting the Veil: The Unintended Consequences of the Legalization of Prostitution
  • Sophia Hatz, What Shapes Public Support for Torture, and Among Whom?
  • Wenwen He, Unresolved Issues Regarding Hukou Registration Following Implementation of China’s Universal Two-child Policy
  • Austin Choi-Fitzpatrick & Amelia Watkins-Smith, Agency Continuum? A Non- Binary Approach to Agency Among Human Rights Violators and Victims
  • Rachel Mazique, Deaf Rights as Human Rights: Delimiting the Human with Literatures of “The Hearing Line”
  • Aurore Schwab, IHRL and the Defamation of Religions: Can We Change the Subject?
  • Marika McAdam, Continuing to pay the Price for Freedom: The Ongoing Detention of Victims After Their Trafficking Experience

Sunday, November 21, 2021

New Issue: International Organization

The latest issue of International Organization (Vol. 76, no. 4, Fall 2021) is out. Contents include:
  • Articles
    • Rachel Myrick, Do External Threats Unite or Divide? Security Crises, Rivalries, and Polarization in American Foreign Policy
    • Bryan Schonfeld, Trading Places, Trading Platforms: The Geography of Trade Policy Realignment
    • Tiberiu Dragu & Yonatan Lupu, Digital Authoritarianism and the Future of Human Rights
    • Matt Malis, Conflict, Cooperation, and Delegated Diplomacy
    • Andrew J. Coe & Jonathan N. Markowitz, Crude Calculations: Productivity and the Profitability of Conquest
  • Research Notes
    • Darin Christensen, Alexandra C. Hartman, & Cyrus Samii, Legibility and External Investment: An Institutional Natural Experiment in Liberia
    • Rachel Sweet, Concealing Conflict Markets: How Rebels and Firms Use State Institutions to Launder Wartime Trade
    • Richard Clark, Pool or Duel? Cooperation and Competition Among International Organizations