Saturday, March 19, 2022
Friday, March 18, 2022
Call for Applications: Young Scholars Workshop on Access to the Labour Market as a Vehicle of Integration for Migrants
Democracies have a stronger incentive to comply with international law than autocracies, but they will not comply when faced with violations by other states. International law is a mechanism of cooperation between states: it can make states vulnerable for betrayal, but also increase their chances for successful collaboration. In other words, complying with international law is like playing cooperate in a stag-hunt game. Playing cooperate is an efficient strategy but not a strategy that is evolutionary stable. If an autocracy emerges and starts to violate international law, democracies will violate international law in response. This makes violating international law contagious. However, because democracies fare better than autocracies even when they break international law, a democratic regime type can also be contagious in some settings.
Thursday, March 17, 2022
Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea.
This monograph brings together woman law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law.
The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.
Call for Papers: Contested World Orders. The Global Heritage Discourse and Practice in Times of Crises and Conflict
- Special Issue: Disentangling the Relationship between Religion and Law
- Carola Lingaas & Gentian Zyberi, Special Issue on ‘Disentangling the Relationship between Religion and Law’
- Heiner Bielefeldt, Providing an Open Space for Diversity: The Human Rights Approach to Dealing with Religion(s)
- Kerstin Bree Carlson & Jacob Livingston Slosser, When Religion Speaks: Denmark’s Face Covering Ban and European Human Rights Law
- Carola Lingaas, Religious Group Identities in Genocide: Social Identity Theory as a Tool for Disentangling Law and Religion
- Juan-Pablo Pérez-León-Acevedo & Thiago Alves Pinto, Disentangling Law and Religion in the Rohingya Case at the International Criminal Court
- Mohamed Elewa Badar & Polona Florijančič, Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred against International and Regional Human Rights Instruments
- Yong Zhou, Communities’ Sacred Mountains vs. State-owned Natural Resources – Towards a Rights-based Governance of Cultural and Biological Diversity in China
Wednesday, March 16, 2022
International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. This book examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated. This book suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimacy of international criminal law itself.
Tuesday, March 15, 2022
Antonopoulos: Non-Participation in Armed Conflict: Continuity and Modern Challenges to the Law of Neutrality
Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or “fine tune” the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, to our knowledge, unique to the law of the United States stands out: the principle of systemic calibration, according to which U.S. courts must not recognize or enforce foreign judgments “rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.”
In this Article, we aim to shed empirical light on how U.S.-style systemic calibration operates in practice. We find that state-of-origin indicator scores related to systemic adequacy are on average higher when U.S. courts recognize or enforce foreign judgments than when they refuse to do so. Moreover, the probability of recognition and enforcement increases as these indicator scores increase. However, in only six of the 587 opinions in our dataset did a court refuse recognition or enforcement based explicitly on the systemic inadequacy ground. Thus, while the level of systemic calibration in U.S. courts is high, it is mostly achieved implicitly. Finally, even judgments from states with low systemic adequacy scores are sometimes recognized or enforced by U.S. courts. These findings lead us to question the need for the systemic inadequacy ground for refusal and conclude that the time is ripe for reconsidering it.
Conference: Colloque à l'occasion des 40 ans de la Convention des Nations Unies sur le Droit de la Mer
Conflict at sea has been transformed by disruptive technologies, creating a dynamic and distributed operational environment that extends from the oceans to encompass warfare on land, in the air, outer space, and cyberspace. This raises choice of law decisions that include the law of naval warfare and the law of armed conflict, neutrality law, and the peacetime regimes that apply to the oceans, airspace, outer space, and cyberspace. The international law in networked naval warfare must contend with autonomous vessels and aircraft, artificial intelligence, and long-range precision strike missiles that can close the kill chain at sea and beyond. The asymmetrical use of merchant ships and blockchain shipping in naval operations, opening of the seabed as a new dimension of undersea warfare, and sophisticated attacks against submarine cables and space satellites pose new operational and legal dilemmas.
Navigating this broader conception of the international law of naval warfare requires an understanding of emerging operational capabilities and concepts throughout the spectrum of conflict and the selection and integration of distinct legal regimes. This book gives readers an understanding of the discrete but overlapping legal frameworks connected to the law of naval warfare and explores related concepts of seapower and naval technology.
Monday, March 14, 2022
AJIL Unbound Symposium: Pons, Lord, & Stein's “Disability, Human Rights Violations, and Crimes Against Humanity”
Sunday, March 13, 2022
It is widely claimed that the level of transnational litigation in U.S. courts is high and increasing, primarily due to forum shopping by foreign plaintiffs. This “transnational forum shopping claim” reflects the conventional wisdom among transnational litigation scholars. Lawyers use the claim in briefs; judges use it in court opinions; and interest groups use it to promote law reform.
This article reassesses the transnational forum shopping claim theoretically and empirically. It argues that despite globalization, there are reasons to doubt the claim. Changes in procedural and substantive law have made the U.S. legal system less attractive to plaintiffs than it supposedly once was. Meanwhile, other legal systems have been adopting features similar to those that are said to have made the United States a “magnet forum” for foreign plaintiffs, and arbitration is growing as an alternative to transnational litigation. Empirically, using data on approximately 8 million civil actions filed in the U.S. district courts since 1988, the article shows that transnational diversity cases represent only a small portion of overall litigation, their level has decreased overall, and U.S., not foreign, plaintiffs file most of them. The data also reveal that federal question filings by foreign resident plaintiffs are not extensive or increasing either.
These findings challenge the transnational forum shopping claim and law reforms based on it, and suggest that it should no longer be used by lawyers, judges, and scholars. The article’s analysis also suggests new directions for transnational litigation as a field of scholarship that would move it beyond its current focus on U.S. courts toward a focus on understanding the dynamics of transnational litigation in global context.
The Tana River in the sub-Arctic region of Finnmark in northernmost Norway is the most diverse Atlantic salmon river in the world. It is one of Europe’s largest virgin river deltas. Its native salmon population has declined dramatically and existential concerns now result in a fishing ban that has affected indigenous Sámi traditional life and devastated the local economy. Now, concern is mounting over an additional and unexpected threat—the secondary infestation of pink salmon, transplanted by Soviets from Pacific waters into the Kola Peninsula decades ago. Salmonids are anadromous species. They spawn in fresh water, migrate to the open sea, and then return to begin and end their life-cycle. Secondary spread of the invasive Pacific salmon into the Tana and adjacent Norwegian rivers creates a potential threat to the genetic diversity of the river and surrounding plant and animal life. The treat of anadromy potentially challenges the regime structures of international fisheries, complicating solutions and understandings of the problem and the generative international relations grammar that can contribute to a coordinated solution. The problem of anadromy is literally and metaphorically reviewed in the context of the Tana River, with the suggestion that international regime theory must adjust to the problem of biological elision with a broadened ecosystem approach to the Arctic that accounts for this and other consequences of transplanted species into waters where they never were before.
- Kai He & Huiyun Feng, Role status and status-saving behaviour in world politics: the ASEAN case
- Rafał Ulatowski, Germany in the Indo-Pacific region: strengthening the liberal order and regional security
- Gabriele Abbondanza, Whither the Indo-Pacific? Middle power strategies from Australia, South Korea and Indonesia
- Kira Huju, Saffronizing diplomacy: the Indian Foreign Service under Hindu nationalist rule
- Jochen Prantl & Evelyn Goh, Rethinking strategy and statecraft for the twenty-first century of complexity: a case for strategic diplomacy
- Corneliu Bjola & Ilan Manor, The rise of hybrid diplomacy: from digital adaptation to digital adoption
- Jannis Saalfeld, Rejectionist Islamism in sub-Saharan Africa
- Larissa Versloot, The vitality of trusting relations in multilateral diplomacy: an account of the European Union
- Roland Paris, European populism and the return of ‘illiberal sovereignty’: a case-study of Hungary
- James Lockhart & Christopher R Moran, Principal consumer: President Biden's approach to intelligence
- Haro L Karkour, Liberal modernity and the classical realist critique of the (present) international order
- Patrick Bury, US Special Forces transformation: post-Fordism and the limits of networked warfare
- Anthony King, Urban insurgency in the twenty-first century: smaller militaries and increased conflict in cities
- Dmitry Chernobrov, Diasporas as cyberwarriors: infopolitics, participatory warfare and the 2020 Karabakh war
- David Lewis, Contesting liberal peace: Russia's emerging model of conflict management
- Mohammad Eslami, Alena Vysotskaya, & Guedes Vieira, Shi'a principles and Iran's strategic culture towards ballistic missile deployment
- Christina Steenkamp, The impact of tunnels on conflicts in the Middle East
- Sidra Hamidi, Constructing nuclear responsibility in US–India relations
- Stéphanie Martel, Jennifer Mustapha, & Sarah E Sharma, Women, Peace and Security governance in the Asia–Pacific: a multi-scalar field of discourse and practice
- Yasmin Chilmeran, Women, Peace and Security across scales: exclusions and opportunities in Iraq's WPS engagements
Call for Applications: Fellowships at the Jacob Robinson Institute for the History of Individual and Collective Rights
This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.
The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors – including textiles, electronics, agro-chemical, construction, and finance – to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses.
The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”
- Alexander Kentikelenis & Thomas Stubbs, Austerity Redux: The Post-pandemic Wave of Budget Cuts and the Future of Global Public Health
- Alex Cobham, Tommaso Faccio, Javier Garcia-Bernardo, Petr Janský, Jeffery Kadet, & Sol Picciotto, A Practical Proposal to end Corporate Tax Abuse: METR, a Minimum Effective Tax Rate for Multinationals
- Vítor Manuel de Sousa Gabriel, María Belén Lozano, & Maria Fernanda Ludovina Inácio Matias, The Low-carbon Equity Market: A New Alternative for Investment Diversification?
- Sara Kahn-Nisser, Contextualizing Donors’ Interests: The United Nations’ Shaming of the United States’ Trade Partners
- Jen Iris Allan, Graeme Auld, Timothy Cadman, & Hayley Stevenson, Comparative Fortunes of Ecosystem Services as an International Governance Concept
- Matthew Breay Bolton, Human Rights Fallout of Nuclear Detonations: Reevaluating ‘Threshold Thinking’ in Assisting Victims of Nuclear Testing
- Jianyong Yue, The Limits to China's Peaceful Rise – Deep Integration and a New Cold War
- Raj Verma, Afghanistan, regional powers and non-traditional security threats and challenges
- Lisa Curtis, Picking up the Pieces in Afghanistan: Need for Smarter Diplomacy and Targeted Counterterrorism
- Manoj Joshi, Non-traditional Security Threats to India from Afghanistan?
- Zahid Shahab Ahmed, The Taliban’s Takeover of Afghanistan and Pakistan’s Non-traditional Security Challenges
- Haibin Niu & Yuehan Huang, China’s Alternative Prudent Approach in Afghanistan
- Ekaterina Stepanova, Russia, Central Asia and Non-traditional Security Threats from Afghanistan following the US Withdrawal
- Mohsen Solhdoost & Mahmoud Pargoo, Iran’s Nontraditional Security Challenges under the Taliban Rule
- Raj Verma, Instability in Afghanistan and Non-traditional Security Threats: A Public Good Problem?
- David Horan, Towards a Portfolio Approach: Partnerships for Sustainable Transformations
- Charles B. Roger, When is Weakness a Weapon?
- Erik A Gartzke & Kristian Skrede Gleditsch, Ties That Bias in International Conflict: A Spatial Approach to Dyadic Dependence from Alliance Ties and Inbetweenness
- Cassy Dorff, Max Gallop & Shahryar Minhas, [W]hat Lies Beneath: Using Latent Networks to Improve Spatial Predictions
- Johan A Elkink & Thomas U Grund, Modeling Diffusion through Statistical Network Analysis: A Simulation Study and Empirical Application to Same-Sex Marriage
- Cameron Ballard-Rosa, Amalie Jensen, & Kenneth Scheve, Economic Decline, Social Identity, and Authoritarian Values in the United States
- Reid B C Pauly, Deniability in the Nuclear Nonproliferation Regime: The Upside of the Dual-Use Dilemma
- Richard J McAlexander & Joan Ricart-Huguet, State Disengagement: Evidence from French West Africa
- A Burcu Bayram & Catarina P Thomson, Ignoring the Messenger? Limits of Populist Rhetoric on Public Support for Foreign Development Aid
- Danielle L Lupton, Military Experience and Elite Decision-Making: Self-Selection, Socialization, and the Vietnam Draft Lottery
- Cody D Eldredge & Megan Shannon, Social Power and the Politics of Reservations and Objections in Human Rights Treaties
- Paul C Avey, Michael C Desch, Eric Parajon, Susan Peterson, Ryan Powers, & Michael J Tierney, Does Social Science Inform Foreign Policy? Evidence from a Survey of US National Security, Trade, and Development Officials
- Reinhard Wolf Between Deference and Defiance: Hierarchical Status Roles and International Conflict
- Nicola Chelotti, Niheer Dasandi, & Slava Jankin Mikhaylov, Do Intergovernmental Organizations Have a Socialization Effect on Member State Preferences? Evidence from the UN General Debate
- Burcu Savun, Welcoming the Unwelcome: Refugee Flows, Refugee Rights, and Political Violence
- Matthew DiLorenzo & Talor Stone, Term Limits and Environmental Treaty Commitments
- Daniel Milton, Amira Jadoon, & Jason Warner, Needs or Symbols? The Logic of United Nations Counterterrorism Treaty Ratification
- Anke Sophia Obendiek, What Are We Actually Talking About? Conceptualizing Data as a Governable Object in Overlapping Jurisdictions
- Consuelo Thiers & Leslie E Wehner, The Personality Traits of Populist Leaders and Their Foreign Policies: Hugo Chávez and Donald Trump
- Jessica F Green, Hierarchy in Regime Complexes: Understanding Authority in Antarctic Governance
- Reyko Huang, Daniel Silverman, & Benjamin Acosta, Friends in the Profession: Rebel Leaders, International Social Networks, and External Support for Rebellion
- Margaret E Peters & Michael K Miller, Emigration and Political Contestation
- Jan Eijking, A “Priesthood of Knowledge”: The International Thought of Henri de Saint-Simon
- James Lee, Foreign Aid, Development, and US Strategic Interests in the Cold War
- Karina Mross, Charlotte Fiedler, & Jörn Grävingholt, Identifying Pathways to Peace: How International Support Can Help Prevent Conflict Recurrence
- Leonardo Baccini, Mirko Heinzel, & Mathias Koenig-Archibugi, The Social Construction of Global Health Priorities: An Empirical Analysis of Contagion in Bilateral Health Aid
- Jonathan Pinckney, Charles Butcher, & Jessica Maves Braithwaite, Organizations, Resistance, and Democracy: How Civil Society Organizations Impact Democratization
- Laia Balcells, Chong Chen, & Costantino Pischedda, Do Birds of a Feather Flock Together? Rebel Constituencies and Civil War Alliances
- Ling Chen & Florian M Hollenbach, Capital Mobility and Taxation: State–Business Collusion in China
- Felix Berenskötter & Mor Mitrani, Is It Friendship? An Analysis of Contemporary German–Israeli Relations
- Brian Rathbun, Nina Srinivasan Rathbun, & Caleb Pomeroy, No Fair! Distinguishing Between the Pursuit of Status and Equity in International Relations
- Swati Srivastava, Navigating NGO–Government Relations in Human Rights: New Archival Evidence from Amnesty International, 1961–1986
- Summer Forester, Kaitlin Kelly-Thompson, Amber Lusvardi, & S Laurel Weldon, New Dimensions of Global Feminist Influence: Tracking Feminist Mobilization Worldwide, 1975–2015
- Charles Butcher & Ryan D Griffiths, Toward a Theory of Heteronomy