During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.
Saturday, February 26, 2022
The American Convention on Human Rights: A Commentary is the first comprehensive and systematic article-by-article commentary of the American Convention on Human Rights (ACHR) in English. This book offers an exhaustive and critical analysis of each of the 82 articles of the Convention, covering the substantive elements of the rights and freedoms protected, as well as institutional and procedural aspects. Each chapter contains an introduction and a comparative perspective of the provision commented on; a review of the drafting history of the provision; and a critical commentary on the interpretation of the provision in light of the rich case-law of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
Laganière: Liability for Transboundary Pollution at the Intersection of Public and Private International Law
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Cyberspace constitutes an unstable environment, featuring rapid changes in the nature of the actors using it, the technologies applied and the inter-personal, governmental and commercial interactions facilitated thereby. The global COVID-19 pandemic exponentially accelerated the trend of digitalization in various fields of life, increasing even more the dependency on cyber-infrastructure and with it the potential for harmful cyber-attacks.
Traditionally, states have been cautious in invoking international law in the context of cyber-attacks, and they tended to refrain from denouncing attacks against them as violations of international law, or attributing it to other states. This state of affairs appears to be changing, however. While there are of disagreements as to the way that international law applies in the cyberspace, a common understanding had emerged about some key international law norms that apply in this field. States like Australia, France, Germany, Israel, the United Kingdom, and the Netherlands have recently articulated their legal positions on how international law applies in cyberspace. In the same vein, states who fell victim to cyber-attacks are increasingly attributing them, as an international law matter, to other states, or non-state actors. Arguably, the increased role played by international law in cyberspace constitutes a reaction to the fact that cyber-attacks become more and more frequent, and dangerous, capable of shutting down critical infrastructure, including nuclear centrifuges and water pumping facilities.
This chapter will describe and critically evaluate the norms of international law which regulate cyber-operations, and discuss some of the policy considerations underlying them. Part I offers a short history of cyber-attacks. Part II presents the current international law framework governing cyber-attacks. Part III delves into the attribution challenge in cyberspace. Part IV concludes and suggests a way forward.
- Jacob Eisler, Jonathan Havercroft, Jo Shaw, Antje Wiener, & Susan Kang, The pendulum swings back: New authoritarian threats to liberal democratic constitutionalism
- Binendri Perera, The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism
- Jacob O. Arowosegbe, Revisiting the legitimacy question of the Nigerian 1999 Constitution
- Fabio Wolkenstein, European political parties’ complicity in democratic backsliding
- Benjamin Alemparte, Towards a theory of neoliberal constitutionalism: Addressing Chile’s first constitution-making laboratory
- Alberto Coddou Mc Manus, A critical account of Ius Constitutionale Commune in Latin America: An intellectual map of contemporary Latin American constitutionalism
- Ilias Bantekas, The contractualization of fiscal and parliamentary sovereignty: Towards a private international finance architecture?
Friday, February 25, 2022
- Gian Paolo Romano, Droit international dit « privé » et droit international dit « public » : éléments d'une théorie unitaire et humanisée du droit international
- Alejandra Blanquet, Le risque juridique au sein de la Convention de La Haye de 1980 : le cas des enlèvements internationaux d'enfants au Japon
- Élodie Kleider, Convention de Lugano, États tiers et CJUE : entre influence et ignorance, exemples venus de Suisse et de Norvège
Call for Submissions: The International Court of Justice at 75: an Assessment (Max Planck Yearbook of United Nations Law)
- Article Maria Rost Rublee & Carmen Wunderlich, The vitality of the NPT after 50
- Michal Smetana & Joseph O'Mahoney, NPT as an antifragile system: How contestation improves the nonproliferation regime
- Rebecca Davis Gibbons & Stephen Herzog, Durable institution under fire? The NPT confronts emerging multipolarity
- Marianne Hanson, Power to the have-nots? The NPT and the limits of a treaty hijacked by a “power-over” model
- Kjølv Egeland, A theory of nuclear disarmament: Cases, analogies, and the role of the non-proliferation regime
- Orion Noda, A wolf in sheep’s clothing? The NPT and symbolic proliferation
- Joelien Pretorius & Tom Sauer, When is it legitimate to abandon the NPT? Withdrawal as a political tool to move nuclear disarmament forward
- Jeffrey W. Knopf, Not by NPT alone: The future of the global nuclear order
This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses.
A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future – or, more precisely, futures – for time as a vehicle of analysis for those working within human rights law internationally.
Call for Papers: Workshop to Mark Judge Giorgio Gaja’s Retirement from the ICJ (Early Career Researchers)
Thursday, February 24, 2022
- Thematic Section: Health and International Disaster Law
- Benjamin Mason Meier, Judith Bueno de Mesquita, & Caitlin R. Williams, Global Obligations to Ensure the Right to Health: Strengthening Global Health Governance to Realise Human Rights in Global Health
- Lorna McGregor, Regulating Digital and AI Technologies: Lessons from the Digitisation of Contact Tracing during the COVID-19 Pandemic
- Mutoy Mubiala, Africa and Pandemics: Towards a Regional Health Security Regime
- Thomas Mulder, Gabrielle Simm, & Sarah Williams, Regime Interaction and the Protection of Refugees during COVID-19
- Ingrid Nifosi-Sutton, Realising the Right to Health during the COVID-19 Pandemic: An Antidote to the Pandemic and the Catalyst for Fulfilling a Long-Neglected Social Right?
- Pedro A. Villarreal , Pandemic Risk and International Law: Laying the Foundations for Proactive State Obligations
- Alicia Ely Yamin, Stefania Negri, & Roojin Habibi, On Sea Monsters and Sandcastles, Revisiting International Legal Frameworks regarding Public Health and Human Rights in Global Health Emergencies Authors:
- General Section
- Patrícia Galvão Teles, Claire Duval, & Victor Tozetto da Veiga, International Cooperation and the Protection of Persons Affected by Sea-Level Rise: Drawing the Contours of the Duties of Non-affected States
- Margaretha Wewerinke & Melina Antoniadis, Vessel for Drowning Persons? The Standard-Setting Potential of International Human Rights Litigation in Addressing Climate Displacement
- Claire La Hovary, The International Labour Organisation and Disasters: The Contribution of ILO Recommendation No. 205 on ‘Employment and Decent Work for Peace and Resilience’ to International Disaster Law
- Mara Tignino, Technological Hazards during Armed Conflicts: The Case of the SAFER Oil Tanker in Yemen
- Silvia Venier, Rising from the Ashes, Once Again? The Beirut Port Explosion and International Disaster Law
- Giovanna Maria Frisso, Vulnerability, Arctic Indigenous Groups and Oil Spills: Potential Contributions to the Work of the Arctic Council
- Rhys Carvosso, The Role of Disasters in Investment Arbitration
- Gabrielle Marceau, Rebecca Walker, & Niki Koumadoraki, Silence in WTO
- Jean-Michel Marcoux & Andrea K. Bjorklund, Duty Evasion in Free Trade Agreements: Norm Emergence and Implications
- Rex J. Zedalis, Interpreting GATS Schedules: Saudi Arabia and Crude Oil Energy Services
- George A. Papaconstantinou & Luigi F. Pedreschi, Alternative Dispute Settlement and the Jurisprudential Legacy of the World Trade Organization’s Appellate Body
- Rodrigo Fagundes Cezar, Who Governs the Promotion of Social Objectives in EU’s Trade Policies?
- Thomas Dillon, TV Quotas Under the AVMS Directive After Brexit
- Qingxiu Bu, Between a Rock and a Hard Place Under China’s Anti-Sanction Law 2021: The Game- Theoretical Perspective
- Maria R.U.D. Tambunan & Haula Rosdina, Transfer Pricing and Business Restructuring in the Manufacturing Industry: A Study of Korean and Indonesian MNEs
- Sergey O. Shokhin & Anna A. Volkova, Specific Features of Transboundary Movement of Intellectual Property Items in the EAEU
- Daria Boklan & Amrita Bahri, The WTO’s Collapsing Judicial and Legislative Wings: Is ‘Consensus’ the Real Elephant in the Room?
- Elisabeth Tuerk & Nadezhda Sporysheva, Promoting Circularity in Transition Economies: The Role of Trade and Economic Cooperation
Tuesday, February 22, 2022
- Federica Bicchi & Daniel Schade, Whither European diplomacy? Long-term trends and the impact of the Lisbon Treaty
- Philippe Beauregard, International emotional resonance: Explaining transatlantic economic sanctions against Russia
- Kathrin Bachleitner, Legacies of war: Syrian narratives of conflict and visions of peace
- Helen Berents & Caitlin Mollica, Reciprocal institutional visibility: Youth, peace and security and ‘inclusive’ agendas at the United Nations
- Katarzyna Jezierska, Incredibly loud and extremely silent: Feminist foreign policy on Twitter
- Iuliia Hoban, Militarization of childhood(s) in Donbas: ‘Growing together with the Republic’
- Theo Tsomidis, Freedom of expression in turbulent times – comparative approaches to dangerous speech: the ECtHR and the US Supreme Court
- Afroza Anwary, Sexual violence against women as a weapon of Rohingya genocide in Myanmar
- Rita Richter Nunes, Participation in child protection: empowering children in placement processes
- Alebachew Birhanu Enyew, Alemu Dagnew Feleke & Zewdu Mengesha Bashahider, The prevention of gender-based violence in Ethiopia in light of the three cycles UPR process
- Imad Antoine Ibrahim, Water as a human right, water as a commodity: can SDG6 be a compromise?
- John Duncan, The death of neoliberalism? UK responses to the pandemic
- Heroes and hierarchies: the celebration and censure of victimhood in transitional justice Cheryl Lawther
- Ken M. P. Setiawan, Struggling for justice in post-authoritarian states: human rights protest in Indonesia
Monday, February 21, 2022
Call for Papers: 11th Conference of the Postgraduate and Early Professionals/Academics Network of SIEL
- Kathryn Greenman, Protecting foreign investments in revolution and civil war: critiquing the contemporary arbitral practice
- Geoff Gordon, Engaging an infrastructure of time production with international law
- Mikkel Jarle Christensen, Celebrating international criminal justice: a sociology of the twentieth anniversary of the International Criminal Court
- Giovanna Lauria, A critical appraisal of the concept of climate migration
- Books etc.
- Anna Chadwick, Re-appropriating the Rights of Man: some reflections on A False Tree of Liberty by Susan Marks
- Ben Golder, In the present state of things
- Kasey McCall-Smith, The writing on the wall
- Susan Marks, The right to live: response to the commentators
Sunday, February 20, 2022
The Newport Rules of Engagement Handbook is published as a guide for the development of national and multinational rules of engagement for military operations. Its purpose is to assist users in the development of ROE for training, exercises, war games, and operations.