Saturday, April 30, 2022

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 55, no. 1, January 2022) is out. Contents include:
  • Monika Zalnieriute, Data Transfers after Schrems II: The EU-US Disagreements over Data Privacy and National Security
  • Tamar Meshel, Artificial Waterways in International Water Law: An American Perspective
  • Umakanth Varottil & Wai Yee Wan, The Divergent Designs of Mandatory Takeovers in Asia

New Issue: Global Society

The latest issue of Global Society (Vol. 36, no. 2, 2022) is out. Contents include:
  • Anticipatory Global Governance: International Organisations and the Politics of the Future
    • John Berten & Matthias Kranke, Anticipatory Global Governance: International Organisations and the Politics of the Future
    • Thomas Müller, Self-Binding via Benchmarking: Collective Action, Desirable Futures, and NATO’s Two Percent Goal
    • Susan L. Robertson, Guardians of the Future: International Organisations, Anticipatory Governance and Education
    • John Berten, The Future as Epistemic Condition: How International Organisations Anticipate Futures of Social Policy
    • Matthias Kranke, Tomorrow's Debt, Today's Duty: Debt Sustainability as Anticipatory Global Governance
    • Malcolm Campbell-Verduyn & Moritz Hütten, Governing Techno-Futures: OECD Anticipation of Automation and the Multiplication of Managerialism
    • Berenike Prem, Governing through Anticipatory Norms: How UNIDIR Constructs Knowledge about Autonomous Weapons Systems
    • Hans Krause Hansen & Julie Uldam, Assembling Transnational Policing: Europol’s Anticipatory Governance

Schatz: Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs)

Valentin Schatz (Univ. of Hamburg - Law) has posted Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs) (in Max Planck Encyclopedia of International Procedural Law, Hélène Ruiz Fabri ed., forthcoming). Here's the abstract:
Ad hoc expert panels are a means of the  peaceful settlement of international disputes [MPEPIL] ( Dispute;  Fisheries Disputes) in the framework of regional fisheries management organizations (‘RFMOs’) ( Fisheries, Commissions and Organizations [MPEPIL]). From the perspective of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995) (‘UNFSA’), RFMOs are international organisations established by two or more States through  fisheries agreements [MPEPIL] for the purpose of, inter alia, establishing conservation and management measures (‘CMMs’) ( Marine Living Resources, International Protection [MPEPIL]) in a subregion or region for one or more  straddling and highly migratory fish stocks [MPEPIL] (Harrison, 2019, 84). As such  fish stocks [MPEPIL] are not confined to waters within national jurisdiction but are also present on the high seas ( Fisheries, High Seas [MPEPIL]), their conservation and management requires cooperation. Against this background, ad hoc expert panels may be placed in the broader context of both dispute settlement in the law of the sea ( Law of the Sea, Settlement of Disputes [MPEPIL]) and, more specifically, the settlement of international disputes to which international organisations are parties (see generally Wood, 2016, 387 et seq).

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 43, no. 1, 2022) is out. Contents include:
  • William Fisher, Ruth L. Okediji, & Padmashree Gehl Sampath, Fostering Production of Pharmaceutical Products in Developing Countries
  • Nchimunya D. Ndulo, The African Continental Free Trade Area: Local Content Requirements as a Means to Addressing Africa's Productive Capacity Constraints
  • Cheah W. L., CEDAW and Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker and Root Causes of Abuse
  • Thomas D. Grant & F. Scott Kieff, Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 23, no. 2, 2022) is out. Contents include:
  • Editorial
    • Michael Trebilcock, Brief Reflections on the Subsidies Imbroglio in International Trade Law
  • Special Issue: Geographical Indications and Wine
    • Caroline Henckels & Lisa Spagnolo, Mapping the Terroir: Introducing Geographical Indications and Wine
    • Andrea Zappalaglio, Getting Article 22(1) TRIPS Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines
    • Lisa Spagnolo & Mark Davison, Wine Geographical Indications and Product Specifications: A Case of Prosecco Quality and Characteristics?
    • Enrico Bonadio & Magali Contardi, The Geographic Indication Prosecco Battle Between Italy and Australia: Some Lessons from the History and Geography of the Most Famous Italian Wine
    • Caroline Henckels, The Compatibility of the European Union’s Geographical Indications Regulations for Wines with the World Trade Organization Agreement on Technical Barriers to Trade
  • Article
    • Shaun Matos, Investor Due Diligence and Legitimate Expectations

Friday, April 29, 2022

New Issue: Climate Law

The latest issue of Climate Law (Vol. 12, no. 2, 2022) is out. Contents include:
  • Special Issue on Climate Adaptation Law
    • Lauren Nishimura, Adaptation and Anticipatory Action: Integrating Human Rights Duties into the Climate Change Regime
    • Jan McDonald & Phillipa C. McCormack, Responsibility and Risk-Sharing in Climate Adaptation: a Case Study of Bushfire Risk in Australia
    • Qihao He & Michael Faure, Adaptation to Climate Change Risks and Regulation Through Insurance: The Case of China

Thursday, April 28, 2022

Call for Abstracts: 2022 ASIL Research Forum

The American Society of International Law has issued a call for abstracts for its 2022 Research Forum, a part of the Society's Midyear Meeting, which will be held November 10-12, in Miami. The deadline is May 30, 2022 at 5:00PM EDT. The call is here.

Klabbers: The Cambridge Companion to International Organizations Law

Jan Klabbers
(Univ. of Helsinki - Law) has published The Cambridge Companion to International Organizations Law (Cambridge Univ. Press 2022). The table of contents is here. Here's the abstract:
The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 105, no. 1, 2022) is out. Contents include:
  • Articoli
    • G. Della Morte, Limiti e prospettive del diritto internazionale del cyberspazio
    • E. Öktem La clausola della nazione più favorita nelle capitolazioni ottomane: genesi, tipologia, patologia
  • Note e Commenti
    • A. Mistura, Reconciling Agricultural Production and Environmental Sustainability for Food Security: An Integrated Approach to Land Use through International Legal Instruments
    • S. Marino, Il regolamento (UE) 650/2012 sulle successioni internazionali nella prima giurisprudenza della Corte di giustizia dell’Unione Europea
  • Panorama
    • P. Franzina, La rilevazione del difetto di giurisdizione secondo la riforma del processo civile: quali implicazioni per l’art. 11 della legge n. 218/1995?
    • E. D’Alessandro, Le modifiche concernenti il procedimento per l’accertamento della riconoscibilità ed eseguibilità delle sentenze straniere in Italia
    • A. Carlevaris, La legge-delega per la riforma dell’arbitrato: verso il riconoscimento dei poteri cautelari degli arbitri?
    • M. Gervasi, Immunità giurisdizionale degli Stati ed eccezione umanitaria: in margine alla recente giurisprudenza sudcoreana sul sistema delle « donne di conforto »

New Issue: Jus Gentium: Journal of International Legal History

The latest issue of Jus Gentium: Journal of International Legal History (Vol. 7, no. 1, 2022) is out. Contents include:
  • Articles
    • W. E. Butler, On the Ratification of Treaties in Prerevolutionary Russia
    • M. Hoeflich, The Remarkable Civil Law Library of Judge John Purviance
    • E. Tikhonravov, Classifications of the Baltic Annexation on the Basis of De Facto and De Jure Recognition
    • D. Dolan, Vladimír Mandl: The Founding Father of Space Law
    • K. Wiehn, International Law and Historic Rights in the South China Sea
  • Documents and Other Evidence of State Practice
    • P. Macalister-Smith & J. Schweitzke, A Brief Calendar of State Practice for Shandong: 1897-1924. Part Five (1915-1916): Twenty-One Demands

New Issue: World Politics

The latest issue of World Politics (Vol. 74, no. 2, April 2022) is out. Contents include:
  • Allison Carnegie & Nikhar Gaikwad, Public Opinion on Geopolitics and Trade: Theory and Evidence
  • Volha Charnysh, Explaining Out-Group Bias in Weak States: Religion and Legibility in the 1891/1892 Russian Famine
  • Giuliana Pardelli & Alexander Kustov, When Coethnicity Fails
  • Lasse Aaskoven, Foreign Occupation and Support for International Cooperation: Evidence from Denmark

Wednesday, April 27, 2022

New Issue: Asian Journal of WTO & International Health Law and Policy

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 17, no. 1, 2022) is out. Contents include:
  • Special Issue on “Building a Sustainable Future: New Asian Regionalism in International Economic Law”
    • Pasha L. Hsieh, Foreword to the Special Issue on “Building a Sustainable Future: New Asian Regionalism in International Economic Law”
    • Xinyue Li, Quantizing Geoeconomics: Emerging Geoeconomics in International Economic Law Through a Quantum Worldview
    • Chen-Ju Chen, Current Development of Fisheries Subsidies Regulations After the Failure of WTO Doha Round Negotiations with a Focus on the Asia-Pacific Region
    • I-Ju Chen, A Critical Appraisal of Initiatives of Asia-Pacific Economic Cooperation (APEC) for the Blue Economy: Deadlocks and Any Possible Way Out?
    • Mark McLaughlin, Mapping Sustainable Development in Investment Treaties: An Analysis of ASEAN States' Practice
    • Yueming Yan, The Inclusion of Anti-Corruption Clauses in International Investment Agreements and Its Possible Systemic Implications
    • Rabaï Bouderhem, Access to Essential Medicines and International Health Law: Towards a New Paradigm?
    • Ying-Jun Lin & Feng-Jen Tsai, Public Health Policy Space for Responding to Potential Pandemics Under the SCM Agreement
    • Meng (Mandy) Fang, Shedding Any New Light? The WTO's Latest Ruling in the US-China Solar Battle

Tuesday, April 26, 2022

Voon & Merriman: Incoming: How International Investment Law Constrains Foreign Investment Screening

Tania Voon (Univ. of Melbourne - Law) & Dean Merriman (Deloitte Australia) have posted Incoming: How International Investment Law Constrains Foreign Investment Screening (Journal of World Investment & Trade, forthcoming). Here's the abstract:
Domestic screening of inbound foreign investment, often on the grounds of national security, has intensified in recent years. More countries are introducing such regimes, while others are expanding their sectoral scope or creating opportunities for retrospective screening. These developments increase the potential for investor–State claims under international investment agreements, even in some circumstances with respect to investments that have not yet been established. Host States need to be aware of the potential for adverse screening decisions, the imposition of conditions on investment, or due process shortcomings to conflict with investment protections, such as obligations to accord fair and equitable treatment or most-favoured nation treatment. Although a range of tools exist in some IIAs to exclude or exempt investment screening, these will not necessarily prevent a successful investment claim. For example, listing a screening regime as a non-conforming measure will not necessarily cover all future amendments, and general exceptions and security exceptions are subject to considerable uncertainty. Host States need to ensure compliance with international investment law in creating and developing screening regimes.

New Issue: Revista romana de drept international

The latest issue of Revista romana de drept international (No. 26, July-December 2021) is out. Contents include:
  • Articole
    • Elena Lazăr, L’influence de la CEDH sur l’obtention et utilisation de preuves viciés devant la Cour pénale internationale
    • Carmen Achimescu, Viorel Chiricioiu, & Ioana Oltean, Challenges to Black Sea Governance. Regional Disputes, Global consequences?
  • Studii și comentarii de jurisprudență și legislație
    • Ion Gâlea, Principles of International Law and Jurisdictional Review of Agreements concluded by the European Union: the Front Polisario Cases of 29 September 2021
  • Contribuţia doctorandului şi masterandului
    • Bianca-Gabriela Neacșa, The International Law Applicable to the Secession of a Territory. Territorial Integrity versus “Neutrality” of International Law and the Role of Self-Determination
    • Raluca-Andreea Șolea, The Concept of “Crime of Terrorism”: the Relevant Case Law of the Special Tribunal for Lebanon

New Volume: Yearbook of International Environmental Law

The latest volume of the Yearbook of International Environmental Law (Vol. 31, 2020) is out. Contents include:
  • Article
    • Jason Rudall, The Natural Remedy for Zoonotic Diseases

Panel Discussion: International Organisations and Cities: An Accelerating Relationship Reshaping Both?

On Thursday, April 28, 2022, the Global Governance Centre and the Department of International Law at the Graduate Institute will host a panel discussion on "International Organisations and Cities: An Accelerating Relationship Reshaping Both?" on the occasion of the publication of Helmut Philipp Aust & Janne E. Nijman's Research Handbook on International Law and Cities. Program and registration are here. My contribution to the volume, on this topic, can be found here.

Monday, April 25, 2022

New Issue: American Journal of International Law

The latest issue of the American Journal of International Law (Vol. 116, no. 2, April 2022) is out. Contents include:
  • Articles
    • Neha Jain, Manufacturing Statelessness
    • J. Benton Heath, Making Sense of Security
    • Jeffrey L. Dunoff & Mark A. Pollack, The Road Not Taken: Comparative International Judicial Dissent
  • International Decisions
    • Geir Ulfstein, Qatar v. United Arab Emirates
    • Juan-Pablo Pérez-León-Acevedo, File 03378-2019-PA/TC.
    • Mariela Morales Antoniazzi, Advisory Opinion OC-26/20, Denunciation of the American Convention on Human Rights and the Charter of the Organization of American States and the Consequences for State Human Rights Obligations
  • Contemporary Practice of the United States Relating to International Law
    • Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
  • Recent Books on International Law
    • Sonia E. Rolland, reviewing Emerging Powers and the World Trading System: The Past and Future of International Economic Law, by Gregory Shaffer
    • Emilie M. Hafner-Burton, reviewing Human Choice in International Law, by Anna Spain Bradley
    • Antonio Coco, reviewing Standing Up for Justice: The Challenges of Trying Atrocity Crimes, by Theodor Meron
    • David P. Stewart, reviewing The Politics of International Criminal Law, edited by Holly Cullen, Philipp Kastner, and Sean Richmond

Call for Papers: Workshop on Race and International Relations

The International Race and Rights Lab, within the Klau Center for Civil and Human Rights at the University of Notre Dame, has issued a call for papers for a workshop on race and international relations, to take place March 31, 2023. The call is here.

AJIL Unbound Symposium: International Economic Law and Its Others

AJIL Unbound has posted a symposium on "International Economic Law and Its Others." The symposium includes an introduction by Nicolás M. Perrone and Gregory Shaffer and contributions by Tomaso Ferrando and Elizabeth Mpofu, Julia Dehm, Desirée LeClercq, Chantal Thomas, and Michael Fakhri.

Conference: The Concept of Obligation in International Law

On May 23-24, 2022, the School of Law, University of Milano-Bicocca, with the support of the European Society of International Law, will hold a conference on "The Concept of Obligation in International Law," in Milan. The program is here. Those who wish to attend online can send an email to g.losi3@campus.unimib.it. Those who wish to attend in person can register here.

Panel Discussion: Lawfare in Ukraine – A Collision Point of Diverging Approaches to International Law?

On May 6, 2022, the International Criminal Law Research Unit at Friedrich-Alexander-Universität Erlangen-Nürnberg will host an online panel discussion titled “Lawfare in Ukraine – A Collision Point of Diverging Approaches to International Law?” The program is here. Registration is here.

Sunday, April 24, 2022

Hasar: State Consent to Foreign Military Intervention during Civil Wars

Seyfullah Hasar
(Dicle Univ. - Law) has published State Consent to Foreign Military Intervention during Civil Wars (Brill | Nijhoff 2022). Here's the abstract:
Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book gives and analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship. Owing to this account, it also manages to engage in peripheral aspects of the subject overlooked in the literature, such as the impact of an ineffective arms embargo on a consensual intervention, or the consequences of the invocation by an intervening State of both consent and its right to self-defence. The book also examines, among others, the issue of the legal legitimacy and recognition of governments, the rules that can considerably constrain the scope of consensual interventions under certain circumstances, and the challenging and under-addressed implications of consensual interventions for the crime of aggression.

Call for Submissions: International Humanitarian Law and Neighbouring Frameworks (Yearbook of International Humanitarian Law)

The Yearbook of International Humanitarian Law has issued a call for submissions for its Volume 25 (2022) on the theme "International Humanitarian Law and Neighbouring Frameworks." The call is here.

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 17, no. 4, 2022) is out. Contents include:
  • Noah A. Barr, The EU-UK Investment Regime After Brexit: In Search of an Equilibrium?
  • Shawkat Alam & Saif Uddin Ahammad, Improving Trade Competitiveness Through a Risk-based Approach: Post-clearance Audits in Bangladesh Customs
  • Krzysztof Lasinski-Sulecki, Is Soft Law Making Hard Law Too Hard?
  • Kadijatu Zainab Bangura & Abraham Zaqi Kromah, An Overview of the WTO’s Plurilateral Agreement on Services Domestic Regulation
  • Gaspard de Bellescize, Basics and Practical Overview of VAT Management in the EU: Spotlight on the French Practice a Few Months After the Adoption of the Reverse Charge of VAT on Imports
  • Richard Thompson, Interview with Valérie Picard, Deputy Director, Global Alliance for Trade Facilitation