This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity.
From the post-World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
Saturday, February 5, 2022
- Mala Htun & Francesca R. Jensenius, Expressive Power of Anti-Violence Legislation: Changes in Social Norms on Violence Against Women in Mexico
- Shelley X. Liu, Control, Coercion, and Cooptation: How Rebels Govern after Winning Civil War
- Allen Hicken, Edward Aspinall, Meredith L. Weiss, & Burhanuddin Muhtadi, Buying Brokers: Electoral Handouts beyond Clientelism in a Weak-Party State
- Maayan Mor, Government Policies, New Voter Coalitions, and the Emergence of Ethnic Dimension in Party Systems
- Anne Peters, Constitutional Theories of International Organisations: Beyond the West
- Rein Müllerson, The Nation-State: Not Yet Ready For the Dustbin of History?
- Thomas A Schwartz & John Yoo, Maritime Territorial Disputes in Asia and the Relaxation of Cold War Tensions: The Case of Dokdo and the 1965 Japan-Korea Normalization Agreements
- Ming Du, The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?Get accessArrow
- Sienho Yee, Unilateral Sanctions: Kind and Degree; Long-arm and Strong-arm Jurisdiction; Real Intent and “Could-be” Intent
- Letters to the Editor
- Wang Haiping, The Updated Commentary on the Third Geneva Convention of 1949
- Wenwen Liang, The Luo, et al. v. Chen Case on Surrogacy
Friday, February 4, 2022
Morse: The Bankers' Blacklist: Unofficial Market Enforcement and the Global Fight against Illicit Financing
In The Banker's Blacklist, Julia C. Morse demonstrates how the Financial Action Task Force (FATF) has enlisted global banks in the effort to keep "bad money" out of the financial system, in the process drastically altering the domestic policy landscape and transforming banking worldwide.
Trillions of dollars flow across borders through the banking system every day. While bank-to-bank transfers facilitate trade and investment, they also provide opportunities for criminals and terrorists to move money around the globe. To address this vulnerability, large economies work together through an international standard-setting body, the FATF, to shift laws and regulations on combating illicit financial flows. Morse examines how this international organization has achieved such impact, arguing that it relies on the power of unofficial market enforcement—a process whereby market actors punish countries that fail to meet international standards. The FATF produces a public noncomplier list, which banks around the world use to shift resources and services away from listed countries. As banks restrict cross-border lending, the domestic banking sector in listed countries advocates strongly for new laws and regulations, ultimately leading to deep and significant compliance improvements.
The Bankers' Blacklist offers lessons about the peril and power of globalized finance, revealing new insights into how some of today's most pressing international cooperation challenges might be addressed.
- Jorge E. Viñuales – Derecho Ambiental Internacional 2.0
- Joel Hernández García - La CIDH: Promoción y Protección de los Derechos Humanos
- Salem Hikmat Nasser - La Pregunta sobre Palestina a través del Derecho Internacional
- Rojas Corradi - La Ciencia detrás de la Crisis del Cambio Climático
- Héctor Olásolo - Los Desafíos del Derecho Internacional Penal
- Philippe Couvreur - Evidencia y Expertos ante la Corte Internacional de Justicia
- Federica Paddeu - La Responsabilidad de los Estados por Hechos Internacionalmente Ilícitos
- Julian Bordaçahar - La Corte Permanente de Arbitraje y el Arbitraje Internacional
- José Ignacio Hernández - Crisis Humanitaria de Migrantes y Refugiados en Venezuela
- Pablo Fajardo - Los casos contra Chevron/Texaco y la Protección de la Amazonía Ecuatoriana
- Laura Movilla - El Derecho y la Gobernanza Internacional del Agua Dulce
- Stephan Adell - El Futuro de los Tratados Bilaterales de Inversión
- Hugo Relva - Crímenes de Lesa Humanidad
- Eduard Soler i Lecha - Temas que Marcarán la Agenda Internacional en el 2022
- Guy Dwyer, ‘Market Substitution’ in the Context of Climate Litigation
- Oliver Fuo, Cathrin Zengerling, & Debora Sotto, A Comparative Legal Analysis of Urban Climate Mitigation and Adaptation in the Building Sector in Brazil, Germany, and South Africa
- Helen Durham, Counterterrorism, Sanctions and War
- Interview with Fionnuala D. Ní Aoláin: Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism
- Unilateral coercive measures, IHL and impartial humanitarian action: An interview with Alena Douhan
- Interview with Gilles de Kerchove: European Union Counter-Terrorism Coordinator
- Interview with Janez Lenarčič: European Commissioner for Crisis Management
- Sanctions, international humanitarian law and the humanitarian space in the Canadian perspective: An interview with Elissa Golberg: Assistant Deputy Minister, Global Affairs Canada
- Interview with H.E. Ambassador Vladimir Tarabrin
- Tristan Ferraro, International humanitarian law, principled humanitarian action, counterterrorism and sanctions: Some perspectives on selected issues
- Ben Saul, From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law
- Gloria Gaggioli & Pavle Kilibarda, Counterterrorism and the risk of over-classification of situations of violence
- Kelisiana Thynne, Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation
- Agathe Sarfati, International humanitarian law and the criminal justice response to terrorism: From the UN Security Council to the national courts
- Thomas Van Poecke, Frank Verbruggen, & Ward Yperman, Terrorist offences and international humanitarian law: The armed conflict exclusion clause
- Nathalie Weizmann, Respecting international humanitarian law and safeguarding humanitarian action in counterterrorism measures: United Nations Security Council resolutions 2462 and 2482 point the way
- Kosuke Onishi, The relationship between international humanitarian law and asset freeze obligations under United Nations sanctions
- Rebecca Brubaker & Sophie Huvé, Conflict-related UN sanctions regimes and humanitarian action: A policy research overview
- Naz K. Modirzadeh & Dustin A. Lewis, Humanitarian values in a counterterrorism era
- Sue E. Eckert, Counterterrorism, sanctions and financial access challenges: Course corrections to safeguard humanitarian action
- Emma O'Leary, Politics and principles: The impact of counterterrorism measures and sanctions on principled humanitarian action
- Françoise Bouchet-Saulnier, How counterterrorism throws back wartime medical assistance and care to pre-Solferino times
- Emanuela-Chiara Gillard, Sangeeta Goswami, & Fulco van Deventer, Screening of final beneficiaries – a red line in humanitarian operations. An emerging concern in development work
- Alejandro Pozo Marín & Rabia Ben Ali, Guilt by association: Restricting humanitarian assistance in the name of counterterrorism
- Lawrence Hill-Cawthorne, Detention in the context of counterterrorism and armed conflict: Continuities and new challenges
- Hanne Cuyckens, Foreign fighters and the tension between counterterrorism and international humanitarian law: A case for cumulative prosecution where possible
- Christophe Paulussen, Stripping foreign fighters of their citizenship: International human rights and humanitarian law considerations
- Katja Lindskov Jacobsen, Biometric data flows and unintended consequences of counterterrorism
- Dina Mansour-Ille, Counterterrorism policies in the Middle East and North Africa: A regional perspective
- Carlota Rigotti & Júlia Zomignani Barboza, Unfolding the case of returnees: How the European Union and its member States are addressing the return of foreign fighters and their families
- Justine Walker, The public policy of sanctions compliance: A need for collective and coordinated international action
- Lia van Broekhoven & Sangeeta Goswami, Can stakeholder dialogues help solve financial access restrictions faced by non-profit organizations that stem from countering terrorism financing standards and international sanctions?
- Sherine El Taraboulsi-McCarthy, Whose risk? Bank de-risking and the politics of interpretation and vulnerability in the Middle East and North Africa
Thursday, February 3, 2022
Akande, Coco, & de Souza Dias: Drawing the Cyber Baseline: The Applicability of Existing International Law to the Governance of Information and Communication Technologies
"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the concept of "domain" is not aimed at excluding certain domains from international law’s scope of application. Third, in any event, cyberspace is not a domain or a space, in the way that land, air, sea, or outer space are. Rather, it is a combination of multilayered information and communications technologies operating across different domains. Fourth, and relatedly, international law is technology-neutral, in that it applies to all technology unless stated otherwise. Fifth, the framing of certain international legal rules as policy recommendations cannot displace existing international law. On those bases, we conclude that existing international law applies as a whole and by default to States’ use of information and communications technologies.
Staiano & Ciliberto: Labour Migration in the Time of Covid-19: Inequalities and Perspectives for Change
This timely volume offers a wide and in-depth analysis of the consequences that migrant workers are facing in these days: as a vulnerable group, they have to cope with an unpredictable and exceptional situation – COVID-19 pandemics – adding elements of weakness to their already fragile state.
Madson: Finding the “Humanity” in Human Rights: LGBT Activists and the Vernacularization of Human Rights in Hong Kong
Through an ethnographic analysis of Hong Kong LGBT activists’ fight for a gender recognition ordinance (GRO) that would simplify the process for transgender Hongkongers to change their legal gender, a paradox emerged: Why was a human rights framing of LGBT issues problematic when human rights were central to locals’ understanding of what it meant to be Hongkongers? Local LGBT activists’ vernacularization of human rights—or the process of localization of international human rights law into culturally relevant frameworks—hinged on reframing the need for a GRO as a matter of humanity, not human rights law. Relying on citations of human rights law among “ordinary citizens” violated the existing ways in which Hongkongers talked about human rights as a method of distinguishing Hong Kong from the rest of the People’s Republic of China. Furthermore, this need to differentiate emerged from the 2014 Umbrella Movement in which prodemocracy activists occupied various urban centers in Hong Kong for seventy-nine days. The Umbrella Movement caused a shift in which ordinary citizens became responsible for each other and defending what made Hong Kong unique. Ultimately, the vernacularization process requires closer attention to the ways in which human rights are being talked about on the ground.
The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood.
For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story, showing how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law revealed by the experience of war.
To understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself.
Through extensive archival research and critical legal methodologies, Preparing for War establishes that although they did not seek war, the Conventions' drafters prepared for it by means of weaving a new legal safety net in the event that their worst fear should materialize, a spectre still haunting us today.
Wednesday, February 2, 2022
Tuesday, February 1, 2022
- Arne Willy Dahl, Command Responsibility in Multinational Operations
- Shai Farber, Judicial Review of Military Courts in the West Bank (Judea and Samaria) in Administrative Affairs – Between International Law and Administrative Law
- Yutaka Arai-Takahashi, Arguable but Superfluous? – Judicial Policies of the European Court of Human Rights in Relation to the Right to an Effective Remedy before a National Authority under Article 13 ECHR
- Craig Forcese, Homeward Bound? International Law and a State’s Obligation to Repatriate Nationals Affiliated with Da’esh
- Roy Schöndorf & Gilad Noam, Comments on the “Decision on the Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court’s Territorial Jurisdiction in Palestine”
- Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. U.S.) (Judgment on Preliminary Objections) (I.C.J.), with introductory note by Diane A. Desierto
- Views Adopted by the Committee Under Article 5(4) of the Optional Protocol, Concerning A.S., D.I., O.I., and G.D. v. Italy, Communication No. 3042/2017 (U.N. Hum. Rts. Comm.), with introductory note by Patricia Vella De Fremeaux (Mallia) & Felicity G. Attard
- Hanan v. Germany (Eur. Ct. H.R.), with introductory note by Kalika Mehta
- Case C-650/18 Hungary v. European Parliament (C.J.E.U.), with introductory note by Tamás Molnár
- Advisory Opinion on the Request by the Pan African Lawyers Union Regarding the Compatibility of Vagrancy Laws with the African Charter of Human and Peoples' Rights and other Human Rights Instruments Applicable in Africa (Afr. Ct. H.P.R.), with introductory note by Ndanga Kamau
- Giuliana Ziccardi Capaldo, Facing the Crisis of Global Governance - GCYILJ’s 20th Anniversary at the Intersection of Continuity and Dynamic Progress
- Richard Falk, The Unresolved Struggle for International Criminal Accountability: from Nuremberg to the International Criminal Court
- Ernst-Ulrich Petersmann, From Integration Through Law to Global Community Law? Between Arbitration, Adjudication and Judicial Overreach
- Chris Thornhill, The Rise of the Occupation Constitution
- Notes and Comments
- Steven W. Becker, When Diplomatic Protests are not Enough: The Rule of Specialty, United States v. Valencia-Trujillo, and the Enigma of Prudential Standing in United States Extradition Practice
- Carlo Botrugno, Working on a Right to Health for the Digital Era
- Robert Kolb, On the Origins of Human Rights in War
- Sonja C. Grover, ‘Abuse of Executive Power’ versus Simply Bad Policy (or Maladministration’) and Why the Distinction Matters
- In Focus: Global Policies and Law
- Louis René Beres, From Pandemic to Apocalypse - Nuclear War as Terminal Disease
- Richard W. Mansbach, America’s Foreign Policy under Donald Trump
- Ramesh Thakur, The Disruptor-In-Chief Wrecks the Nuclear Arms Control Architecture
- Responding to the Global Food Fraud Crisis: What Is the Role of Intellectual Property and Trade Law?, Graham Dutfield & Uma Suthersanen
- Guiguo Wang, Globalization and Post-COVID-19 Public Health Order
- Xiaoqing Diana Lin, Anja Matwijkiw, Bronik Matwijkiw & Su Yun Woo, China’s “Belt and Road Initiative”: A Research Study of a Multifaceted Policy
- Forum - Jurisprudential Cross-Fertilization: An Annual Overview
- Antônio Augusto Cançado Trindade, Contemporary International Tribunals. Jurisprudential Cross-Fertilization in Their Common Mission of Realization of Justice
- Malgosia Fitzmaurice, Multilateralism, Environmental Law and the Jurisprudence of International Courts and Tribunals
- Oreste Pollicino Valerio Lubello & Aleksandar Stojanovic, Regulating Mobility-as-a-Service
- Otto Spijkers, Climate Litigation as Global Law
- Michael C. Tolley, The Three Dimensions of Rights Protection in Europe’s Multi-Layered System of Governance
Monday, January 31, 2022
- From EEZ-phobia to EEZ-mania? The Algerian exclusive economic zone and its consequences
- Introduced by Beatrice Bonafé and Marco Pertile
- Selma Sassi, La zone économique exclusive algérienne: des enjeux énergétiques et environnementaux aux risques de différends maritimes?
- Gabriela A Oanta, A Spanish perspective on Algeria’s establishment of an exclusive economic zone
- Tullio Scovazzi, The Italian exclusive economic zone
- Niki Aloupi, Algerian exclusive economic zone proclamation – French perspectives
Sunday, January 30, 2022
- Lesley G. Terris & Orit E. Tykocinski, Agents of peace or enablers of violence? The proximal effects of mediators in international disputes
- Andreas Dür & Christoph Mödlhamer, Power and innovative capacity: Explaining variation in intellectual property rights regulation across trade agreements
- Jesse C. Johnson, Designing Alliances: How adversaries provoke peacetime military coordination
- Boris Brekhov, Rewards versus Sanctions in International Relations: A Game-Theoretic Analysis of Bluffing
- Gong Chen, Utilitarianism or cosmopolitanism? A study of education’s impact on individual attitudes toward foreign countries
- Chelsea L. Estancona, Banditry or business? Rebel labor markets and state economic intervention
- Richard W. Frank, Human trafficking indicators: A new dataset
- Joshua Alley & Matthew Fuhrmann, Budget Breaker? The Financial Cost of US Military Alliances
- Brian Blankenship, The Price of Protection: Explaining Success and Failure of US Alliance Burden-Sharing Pressure
- Tongfi Kim & Luis Simón, A Reputation versus Prioritization Trade-Off: Unpacking Allied Perceptions of US Extended Deterrence in Distant Regions
- Do Young Lee, Strategies of Extended Deterrence: How States Provide the Security Umbrella
- Hicham Bou Nassif, Rethinking Pathways of Transnational Jihad: Evidence from Lebanese ISIS Recruits
- Leah Matchett, Minilateralism and Backlash in the Nuclear Security Summit: The Consequences of Nuclear Governance outside the IAEA
- Antonio Calcara & Luis Simón, Market Size and the Political Economy of European Defense
- Tanisha M. Fazal, The Decline in Declarations of War: An Exchange Jus in Bello, Jus Ad Bellum, and The Decline in Declarations of War
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions.
Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.
By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law).
Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged.
In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take.
It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.