This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.
Saturday, December 11, 2021
What does responsibility mean in International Relations (IR)? This handbook brings together cutting-edge research on the critical debates about responsibility that are currently being undertaken in IR theory.
This handbook both reflects upon an emerging field based on an engagement in the most crucial theoretical debates and serves as a foundational text by showing how deeply a discussion of responsibility is embedded in broader questions of IR theory and practice. Contributions cover the way in which responsibility is theorized across different approaches in IR and relevant neighboring disciplines and demonstrate how responsibility matters in different policy fields of global governance. Chapters with an empirical focus zoom in on particular actor constellations of (emerging) states, international organizations, political movements, or corporations, or address how responsibility matters in structuring the politics of global commons, such as oceans, resources, or the Internet.
- Stephane J. Baele & Thierry Balzacq, International rituals: An analytical framework and its theoretical repertoires
- Federica Bicchi, Communities of practice and what they can do for International Relations
- Clionadh Raleigh, Hyun Jin Choi, & Daniel Wigmore-Shepherd, Inclusive conflict? Competitive clientelism and the rise of political violence
- Jaremey R. McMullin, Hustling, cycling, peacebuilding: Narrating postwar reintegration through livelihood in Liberia
- Henrique Tavares Furtado, Confronting the gated community: Towards a decolonial critique of violence beyond the paradigm of war
- Rory Cormac, Calder Walton, & Damien Van Puyvelde, What constitutes successful covert action? Evaluating unacknowledged interventionism in foreign affairs
- Marysia Zalewski, Theorising sexual violence in global politics: Improvising with feminist theory
- Mona Lilja, Pushing resistance theory in IR beyond ‘opposition’: The constructive resistance of the #MeToo movement in Japan
- Alexandra Phelan & Jacqui True, Navigating gender in elite bargains: Women's movements and the quest for inclusive peace in Colombia
- Ekatherina Zhukova, Malena Rosén Sundström, & Ole Elgström, Feminist foreign policies (FFPs) as strategic narratives: Norm translation in Sweden, Canada, France, and Mexico
Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.
Friday, December 10, 2021
Forced marriage in the atrocity context in Sierra Leone, Cambodia, Uganda and Mali has been addressed by various international criminal courts and tribunals. This chapter examines the gendered dimensions of the crime as charged or convicted in the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). It demonstrates that these courts have not necessarily recognised the gendered nature of forced marriage, and that the specific targeting of girls and women for forced marriage needs to be acknowledged by courts as a gendered crime. This chapter situates the discussion within a human rights law framework, starting from the perspective that forced marriage is a violation of human rights, such as the right to family, and noting whether the courts incorporate human rights law concepts into their forced marriage judgements.
Twenty years after it became a Member of the WTO, China’s image in popular perception has shifted from the biggest success story of the world trading system to its biggest challenge. In the past few years, tons of research have been conducted on what other WTO Members should or could do to deal with the China challenge, but not much attempt has been made to understand the Chinese perspective on its WTO Membership. Focusing only on the China challenge without understanding the Chinese perspective is rather problematic as it treats China as a passive object rather than an active subject, one with significant economic and political clouts in the world trading system today. This paper fills the research gap by providing the first systemic review of this important yet ignored question, which in my view, would be the key to address the China challenge. The paper argues that the Chinese perspective on the WTO has changed from viewing it as the symbol for its aspiration to integrate into the world economy, to trying to assimilate the Chinese economic system with that of the market-based multilateral trading system, to increasing alienations with the core values of WTO in response to the attacks on its economic system. The paper concludes with lessons drawing from China’s changing perspective, especially on how to manage the China challenge in the multilateral trading system.
Thursday, December 9, 2021
Call for Submissions: Rosalyn Higgins Prize of The Law & Practice of International Courts and Tribunals
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Michaels, Ruiz Abou-Nigm, & van Loon: The Private Side of Transforming Our World - UN Sustainable Development Goals 2030 and the Role of Private International Law
In 2015, the United Nations formulated 17 ambitious goals towards transforming our world – the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens – not only through public action but also through private action, and such action is governed predominantly by private law and private international law.
This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.
An open access online version of this book is also available, thanks to financing by the Max Planck Institute for Comparative and International Private Law. Read it here.
- Volume 420
- Stelios Perrakis, La protection internationale au profit des personnes vulnérables en droit international des droits de l’homme
Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity.
Wednesday, December 8, 2021
De Brabandere: International Procedure in Interstate Litigation and Arbitration: A Comparative Approach
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Schofield, Bekker, & van de Poll: The World Court Fixes the Somalia-Kenya Maritime Boundary: Technical Considerations and Legal Consequences
Tuesday, December 7, 2021
We need new analytical tools to understand the turbulent times in which we live, and identify the directions in which international politics will evolve. This volume discusses how engaging with Emanuel Adler's social theory of cognitive evolution could potentially achieve these objectives. Eminent scholars of International Relations explore various aspects of Adler's theory, evaluating its potential contributions to the study of world orders and IR theory more generally. Each chapter focuses on a different aspect of the social theory of cognitive evolution, such as power, morality, materiality, narratives, and practices, and identifies new theoretical vistas that help break new ground in International Relations. In the concluding chapter, Adler responds, engaging in a rich dialogue with the contributors. This volume will appeal to scholars and advanced students of International Relations theory, especially evolutionary and constructivist approaches.
- Vello Pettai, National Minorities and Ethnic Relations in the Baltic States
- Eva-Clarita Pettai, „Unsere“ und „eure“ Geschichte: Erinnerungspolitische Konflikte und Minderheiten im Baltikum
- Carmen Thiele, Minderheitenschutz in Estland
- Anton Onishchenko & Irina Busygina, The Politicization of an Ethic Minority: The Case of the Polish Minority in Lithuania
- Vladislav Volkov, Features of the Russian Population Collective Identity in Latvia in the Period 1991–2021
- Martin Pabst, Die Deutschbalten nach 1945 – Lebendige Kulturarbeit und Forschungsdesiderat
- Peter Hilpold, Referendum und Minderheitenschutz
- Holger Kremser, Die Volksabstimmung in Nord- und Mittelschleswig aufgrund des Versailler Vertrags
- Alfiya Lyapina, Contemporary Refugee Policy in Russia in 2012–2021: Contradiction between Refuge Legislation and its Implementation in Practice
- Astrid Kjeldgaard-Pedersen, Nordic Journal of International Law at 90
- Asbjørn Møller-Christensen & David Michael Kendal, State Immunity in Danish Law
- Tarja Långström, Jurisdictional Immunity of States in the Evolving Practice of the Finnish Courts
- Andreas Motzfeldt Kravik, State Immunity in Norwegian Courts: Recent Developments, Current Challenges and the Way Forward
- Tamsin Phillipa Paige, The Bear and the Dragon: Pragmatism and State-centric International Law in the UN Security Council
- Pekka Niemelä & Tuija von der Pütten, The Investment Protection Rules of the EU-Canada Trade: Agreement Emulating the Rule of Law or Still Granting Supersized Protection to Investors? A Case Study on Industrial Mining in Finland
Monday, December 6, 2021
We are currently living in a new normal. The Covid-19 pandemic has led to millions of deaths and is changing how we live, work, socialise and move through the world. But Covid-19 is one of many epidemics to have shaped human life throughout history, causing untold suffering and death and changing how we live. Their effects are seldom limited to one country or region, and how societies prevent, manage and recover from epidemics is inevitably influenced by international law. Epidemics are regulated not only by international health law but also by international human rights law, international environmental law, international trade and investment law, international transport law, international law of peace and security and international humanitarian law. Despite this, they have received limited attention in mainstream international legal scholarship. This volume provides a comprehensive examination of epidemics and international law from the perspective of general international law. Featuring thirty-one essays by researchers from around the world and from various areas of expertise, it demonstrates how epidemics shape – and are shaped by – international legal norms across varying domains of international law.
- Special Issue: Dossier on Grotian Moments
- Tom Sparks & Mark Somos, Grotian Moments: An Introduction
- Michael P. Scharf, Grotian Moments: The Concept
- Edward Jones Corredera, Why International Lawyers Measure Time with a Telescope: Grotian Moments & Richard Falk’s Histories of the Future
- Omri Sender & Michael Wood, Between ‘Time Immemorial’ and ‘Instant Custom’: The Time Element in Customary International Law
- B.S. Chimni, The Grotian Tradition, Grotian Moment, and Decolonization: A twail Perspective
- Snjólaug Árnadóttir, The Impact of Sea Level Rise on Maritime Limits: A Grotian Moment in the Law of the Sea?
- Frédéric Mégret, The ‘Grotian Style’ in International Criminal Justice
- Dire Tladi, Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?
- Francesca Iurlaro, A Grotian Moment for Animal Sociability?
Carpaneto, Maoli, Queirolo, Patti, Esplugues Mota, Musseva, & Rone: Children’s Right to Information in EU Civil Actions - Improving Children’s Righto to Information in Cross-Border Civil Cases
The volume collects the results of the EU co-funded Project Minor’s Right to Information in EU civil actions – Improving children’s right to information in cross-border civil cases – MiRI, European Union Justice Programme 2014-2020, JUST-JCOO-AG-2018-831608. It critically addresses the fundamental right of the child to receive information during the course of civil proceedings affecting him or her, with particular reference to the peculiarities characterizing cross-border proceedings in family matters. In this context, the right to information is coinceived not only as a corollary of the right of the child to be heard during the course of the proceedings, but also in the light of the possible developments as an autonomous procedural right. The volume rationalizes the main criticalities emerging from the current practice in several EU Member States and offers a set of Guidelines, aimed at improving the situation of children involved in cross-border family proceedings, in order to enhance and protect their fundamental rights.
Vázquez Guevara: Prologue to truth: Argentina’s National Commission on the Disappeared and the authority of international law
Argentina’s 1980s transition to democracy is globally admired for pioneering a state-led process addressing the 1976–1983 dictatorship’s state-violence. The role of international law in the transition is well documented, especially through human rights and crimes against humanity. Yet, the extent to which Argentina’s transition was intertwined with international law and subject to its jurisdictional force deserves greater attention. This article analyses how the Argentinian truth commission (TC) accounts for the dictatorship’s state-violence, and how international law is implicated in the making of this account. It argues that the TC’s account draws on the authority of international law to establish the unlawfulness of the dictatorship’s state-violence. In turn, the TC subjects the meaning and interpretation of the dictatorship’s state-violence to a Eurocentric/Anglo-American lawfulness embedded in, and mobilized by, international law in the late-Cold War. To examine this, the article re-reads the Prologue to the TC’s Report as a literary text that does international legal work, harnessing the authority of international law in a way that has enabled the TC to deploy an authoritative, internationally acceptable, account of the unlawfulness of the dictatorship’s state-violence. This reading is based on original archival research, on scholarship in the fields of ‘law and literature’ and the history and theory of international law.
The Commentary provides quick access to the essentials of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the "Withdrawal Agreement"). The Commentary has a clear and intuitive structure, which explains the Withdrawal Agreement on the basis of relevant chapters, such as Rules on Free Movement of Citizens, the Financial Settlement, and the Protocol on Ireland/Northern Ireland. At the beginning of each chapter, a short overview allows the reader to understand at first glance the topics that are covered by the respective articles of the chapter. The commentary in each chapter is structured thematically, grouping individual articles to provide a more concise, easily accessible text, while also ensuring a consistent presentation throughout the Commentary.
This collection addresses human rights and development for researchers, policymakers and activists at a time of major challenges. ‘Critical issues’ in the title signifies both the urgency of the issues and the need for critical rethinking. After exploring the overarching issues of development and economic theory, gender, climate change and disability, the book focuses on issues of technology and trade, education and information, water and sanitation, and work, health, housing and food.
The chapters then examine how to operationalize human rights in development through accountability, the right to development, indicators and the Sustainable Development Goals. The conclusion proposes international standards and social mobilization for human rights and sustainable development as normative and policy-oriented tools for addressing the climate emergency, the coronavirus pandemic, social inequality, racial injustice, and the rise of populist authoritarianism and for advancing social justice and the equal value of all human beings.
Saving the Children analyzes the intersection of liberal internationalism and imperialism through the history of the humanitarian organization Save the Children, from its formation during the First World War through the era of decolonization. Whereas Save the Children claimed that it was "saving children to save the world," the vision of the world it sought to save was strictly delimited, characterized by international capitalism and colonial rule. Emily Baughan's groundbreaking analysis, across fifty years and eighteen countries, shows that Britain's desire to create an international order favorable to its imperial rule shaped international humanitarianism. In revealing that modern humanitarianism and its conception of childhood are products of the early twentieth-century imperial economy, Saving the Children argues that the contemporary aid sector must reckon with its past if it is to forge a new future.
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars.
The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
Sunday, December 5, 2021
- Markus Burgstaller & Giorgio Risso, Due Diligence in International Investment Law
- Bas van Zelst & D.L. Van Besouw, Private International Law Aspects of Arbitrator Liability: A European Perspective Post-Brexit
- Dorothee Ruckteschler & Anika Wendelstein, Efficient Arb-Med-Arb Proceedings: Should the Arbitrator also be the Mediator?
- Luke Nottage, Julia Dreosti, & Robert Tang, The ACICA Arbitration Rules 2021: Advancing Australia’s Pro-Arbitration Culture
- Jacob Grierson & Thomas Granier, Betamax: Has The Privy Council Gone Too Far In Seeking To Ensure That The Second Look Test Does Not Become A Second Guess Test?
- Maxime Chevalier, Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective
Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars) (Reminder)
- 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 10, 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"
Culot, Tourard, & Vincent: Pays émergents et droit international économique : À la recherche d'une définition
Le terme de « pays émergent » est apparu dans les années 1980 pour qualifier l’expansion des marchés financiers dans les pays en développement. Puis la banque d’investissement Goldman Sachs parle pour la première fois des BRIC en 2001 (devenu BRICS en 2011 avec l’ajout de l’Afrique du Sud). Dans cet ouvrage issu d’un colloque organisé à Dijon en 2019, on part « à la recherche des pays émergents » : existent-ils ?
Ont-ils une fonction dans l’ordre international économique ? Les réflexions se placent dans l’interrogation plus que dans les certitudes car il est quasiment impossible de définir une catégorie et, a fortiori, une catégorie juridique des pays émergents. On trouve cependant un sentiment collectif qu’il en existe et que ces pays se ressentent eux-mêmes comme tels, dans une espèce d’auto-élection.
À défaut d’une identification précise de ces pays, on peut s’interroger sur un éventuel rôle fonctionnel de l’émergence, notamment par la remise en cause de règles de droit international supposées défavorables aux pays émergents. Ces derniers, sans chercher forcément à faire table rase des règles existantes, souhaitent des adaptations tenant compte de leurs intérêts. On assiste alors au déploiement de groupements plus ponctuels que globaux dans le monde non structuré issu de la mondialisation.
- Special Feature: Policing and Political Violence
- Kristine Eck, Courtenay R. Conrad, & Charles Crabtree, Policing and Political Violence
- Howard Liu & Christopher M. Sullivan, And the Heat Goes On: Police Repression and the Modalities of Power
- Travis Curtice, How Repression Affects Public Perceptions of Police: Evidence from a Natural Experiment in Uganda
- Robert A. Blair & Benjamin S. Morse, Policing and the Legacies of Wartime State Predation: Evidence from a Survey and Field Experiment in Liberia
- Leonardo R. Arriola, David A. Dow, Aila M. Matanock, & Michaela Mattes, Policing Institutions and Post-Conflict Peace
- Leonie Huddy, Oleg Smirnov, Keren L. G. Snider, & Arie Perliger, Anger, Anxiety, and Selective Exposure to Terrorist Violence
- Alexandra C. Hartman, Benjamin S. Morse, & Sigrid Weber, Violence, Displacement, and Support for Internally Displaced Persons: Evidence from Syria
- Timothy M. Peterson, Sanctions and Third-party Compliance with US Foreign Policy Preferences: An Analysis of Dual-use Trade