Even after seventy-five years, the UN Security Council meets nearly every day. They respond to a range of threats to international peace and security, but not all threats. Why does the Security Council take up some issues for discussion and not others? What factors shape the Council's actions, if they take any action at all? Adapting insights from legislative bargaining, this book demonstrates that the agenda-setting powers granted in the institutional rules offer less powerful Council members the opportunity to influence the content of a resolution without jeopardizing its passage. The Council also decides when to conduct public or private diplomacy. The analysis shows how external factors like international and domestic public reactions motivate grandstanding behaviors and shape resolutions. New quantitative data on meetings and outside options provide support for these claims. The book also explores the dynamics of the formal analysis in three cases: North Korean nuclear proliferation, the negotiations leading up to NATO bombing in Serbia over Kosovo, and the elected member-led process to codify the principles of the Responsibility to Protect doctrine. The book argues that while the powerful veto members do have great influence over the Council, the rules of the most consequential security institution influence its policy outcomes, just as they do in any other international institution.
Saturday, May 7, 2022
Bargaining in the UN Security Council: Setting the Global Agenda (Oxford Univ. Press 2022). Here's the abstract:
Call for Papers: Emerging Issues in the Relationship between International Humanitarian Law and International Human Rights Law
The European Society of International Law and Ivane Javakhishvili Tbilisi State University have issued a call for papers for a conference on "Emerging Issues in the Relationship between International Humanitarian Law and International Human Rights Law," to be held, in hybrid format, September 29-30, 2022, in Tbilisi. The call is here.
The latest issue of the Journal of Conflict Resolution (Vol. 66, nos. 4-5, May 2022) is out. Contents include:
- Eric Min, Painful Words: The Effect of Battlefield Activity on Conflict Negotiation Behavior
- Risa Brooks & Sharan Grewal, “Twice the Citizen”: How Military Attitudes of Superiority Undermine Civilian Control in the United States
- Danielle Villa, Daniel Arnon, & Dan Reiter, Causes of Foreign-Imposed Regime Change: The Signal of Economic Expropriation
- Christopher W. Blair, Jonathan A. Chu, & Joshua A. Schwartz, The Two Faces of Opposition to Chemical Weapons: Sincere Versus Insincere Norm-Holders
- Christopher Linebarger & Alex Braithwaite, Why Do Leaders Build Walls? Domestic Politics, Leader Survival, and The Fortification of Borders
- Roya Izadi, State Security or Exploitation: A Theory of Military Involvement in the Economy
- Lisa Bruttel, Werner Güth, Juri Nithammer, & Andreas Orland, Inefficient Cooperation Under Stochastic and Strategic Uncertainty
- Michael Kumove, Does Language Foster Reconciliation? Evidence From the Former Yugoslavia
- Michael Gibilisco, Brenton Kenkel, & Miguel R. Rueda, Competition and Civilian Victimization
- Susan Olzak, The Impact of Ideological Ambiguity on Terrorist Organizations
- Miceal Canavan & Oguzhan Turkoglu, The Effect of Migration on Political Support for Co-ethnics: Evidence From Turkey
- Data Set Feature
- Ulrich Petersohn, Vanessa Gottwick, Charlotte Penel, & Leila Kellgren-Parker, The Commercial Military Actor Database
International Interactions (Vol. 48, no. 2, 2022) is out. Contents include:
- Neil Narang & Yanjun Liu, Does female ratio balancing influence the efficacy of peacekeeping units? Exploring the impact of female peacekeepers on post-conflict outcomes and behavior
- Wonjun Song, Dictators, personalized security forces, and coups
- Ahmer Tarar, Risk preferences, uncertainty, and war
- Faradj Koliev & James H. Lebovic, Shaming into compliance? Country reporting of convention adherence to the International Labour Organization
- Manfred Elsig & Sebastian Klotz, Initiator conditions and the diffusion of digital trade-related provisions in PTAs
- Miranda Simon, Cassilde Schwartz & David Hudson, Covid-19 insecurities and migration aspirations
- Colin M. Barry, David L. Cingranelli & K. Chad Clay, Labor rights in comparative perspective: The WorkR dataset
Schäli: The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications
The Mitigation of Marine Plastic Pollution in International Law: Facts, Policy and Legal Implications (Brill | Nijhoff 2022). This book is open access. Here's the abstract:
The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
The latest issue of the Michigan Journal of International Law (Vol. 43, no. 2, 2022) is out. Contents include:
- Ryan Liss, Criminal Law in A World of States
- Moisés Montiel Mogollón, The Consent-Based Problems Surrounding the Persistent Objector Doctrine
- C. Cora True-Frost, Listening to Dissonance at the Intersections of International Human Rights Law
- Chaumtoli Huq, Interdisciplinary Perspectives on Global Labor Governance: Organizing, Legal Mobilization and Decolonization
The latest issue of Global Responsibility to Protect (Vol. 14, no. 2, 2022) is out. Contents include:
- Special Issue: Counter-terrorism and R2P
- Shannon Zimmerman, The Responsibility to Protect and Counter-terrorism
- Shannon Zimmerman, R2P and Counter-terrorism: Where Sovereignties Collide
- Isaac Taylor, The Responsibility to Protect from Terror: The Ethics of Foreign Counter-terrorist Interventions
- Sascha Nanlohy, R2P, Terrorism, and the Protection of Civilians – ‘Are All Humans Human? Or Are Some More Human than Others?’
- Adrian Gallagher, Blake Lawrinson, & Charles T. Hunt, Colliding Norm Clusters: Protection of Civilians, Responsibility to Protect, and Counter-terrorism in Mali
- Josie Hornung, Terrorism and Pillar Two Protection Assistance: The Yazidis on Mount Sinjar
The latest issue of the International Community Law Review (Vol. 24, no. 3, 2022) is out. Contents include:
- Special Issue: Epidemics and the Future Developments of International Law
- Stefania Negri, Epidemics and the Future Developments of International Law
- Shinya Murase, International Law-making on the Prevention and Control of Epidemics
- Roojin Habibi, Timothy Fish Hodgson, & Steven J. Hoffman, Failing Forward: How Human Rights Failures in Governments’ COVID-19 Responses Can Inform the Development of International Human Rights Law
- Pedro A. Villarreal & Giorgia Renne, Medical Countermeasures for Pandemic Response and Intellectual Property Rights: Articulating and Enabling Community Interests under International Law
- Giulio Bartolini, Epidemics and the Future of International Disaster Law
Asia-Pacific Journal of Ocean Law and Policy (Vol. 7, no. 1, 2022) is out. Contents include:
- Sarah Louise Lothian, Australia at the BBNJ Negotiations and Its Potential Role in the Concluding Stages
- Yulu Liu, Prospects for Regional Soft Law to Protect the South China Sea Marine Environment
- Christine Pichel, The Unfortunate Wording of Article 121(3) of unclos and Its Interpretation in the 2016 South China Sea Arbitration Award
- Leonardo Bernard, The Problem with the Concept of ‘Single Continental Shelf’
On May 18, 2022, the Centre for Environmental Law at Macquarie University will host a webinar on "Towards a Biodiversity Law – The Changing Nature of Wildlife Law" by Colin Reid (Univ. of Dundee - Law). This is part of the Centre's Biodiversity Law and Governance webinar series: Law & Nature Dialogues. Details are here. Recordings of this and all future and past Law and Nature Dialogues can be viewed on the Macquarie CEL YouTube account.
A call for papers has been issued for a workshop on "Queering International Law 2.0," on November 10-11, 2022, organized by the ANZSIL Gender, Sexuality and International Law Interest Group and supported by Deakin Law School, the Institute for International Law and the Humanities at Melbourne Law School, and La Trobe Law School. The call is here.
On May 19-20, 2022, the University of Copenhagen will host a conference on “The Reality of International Legal Theory – Reality in International Legal Theory.” Program and registration are here.
Friday, May 6, 2022
African Journal of International and Comparative Law (Vol. 30, no. 2, May 2022) is out. Contents include:
- Bader Bakhit M. Almodarra, The Special and Differential Treatment Provisions in the Trade Facilitation Agreement: New Teeth for an Old Gum?
- Rehana Cassim, An Analysis of Trends in Shareholder Activism in South Africa
- Jean-Claude N. Ashukem, Contextualising the Ongoing ‘Southern Cameroons’ Crisis within the Framework of the Right to Self-Determination
- Ohenewaa Boateng Newman & Bobby Banson, The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor
- Imran O. Smith, The United Nations Sustainable Development Goals, Financial Inclusion Agenda and the Efficacy of Security Interest over Movable Assets: The Case of Micro, Small and Medium Enterprises in Nigeria
- Christopher Riley & Oludara Akanmidu, Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from Shell and Nigeria
- Ohiocheoya Omiunu & Ifeanyichukwu Azuka Aniyie, Sub-national Involvement in Nigeria's Foreign Relations Law: An Appraisal of the Heterodoxy between Theory and Practice
- Rorisang Matlala & Avitus A. Agbor, The Power of South African Courts to Order Scientific Tests to Determine the Paternity of a Child: Highlighting the Existing Gaps
- Lisa Forman, Diya Uberoi, & Moses Mulumba, Using the Right to Health to Advance Equitable Universal Health Coverage in Uganda's National Health Insurance Scheme Bill
Thursday, May 5, 2022
Leiden Journal of International Law (Vol. 35, no. 2, June 2022) is out. Contents include:
- International Legal Theory
- Tilmann Altwicker, Social justice and the judicial interpretation of international equal protection law
- Li Chen, A forgotten proponent of a league of nations and his contributions to international law
- Oren Perez, Transnational networked authority
- International Law and Practice
- Diego Zannoni, Out of sight, out of mind? The proliferation of space debris and international law
- Sondre Torp Helmersen, The use of force against neutral ships outside territorial waters
- Aphrodite Papachristodoulou, The recognition of a right to be rescued at sea in international law
- Mandy Meng Fang & Weihuan Zhou, Greening the road: China’s low-carbon energy transition and international trade regulation
- International Law and Practice: Debate
- Massimo Lando, Stability of maritime boundaries and the challenge of geographical change: A reply to Snjólaug Árnadóttir
- Snjólaug Árnadóttir, Provisional boundaries and alternative solutions to maritime delimitation
- International Court of Justice: Tributes to Judge James Crawford
- K. J. Keith, James Crawford AC SC FBA (Adelaide, 14 November 1948–The Hague, 31 May 2021)
- Bill Campbell, An Australian glimpse of James Crawford
- Hilary Charlesworth, James Crawford and the art of law
- International Criminal Courts and Tribunals
- Rocío Lorca, Impunity thick and thin: The International Criminal Court in the search for equality
- Rossella Pulvirenti, Undesirable and unreturnable individuals: Rethinking the International Criminal Court’s human rights obligations towards detained witnesses
Panel Discussion: Minimalism vs. Maximalism? Challenges and Future Directions in the Interpretation of the European Convention on Human Rights
On June 8, 2022, Eva Brems, Corina Heri, Jens T. Theilen, and Natasa Mavronicola will hold an online panel discussion on “Minimalism vs. Maximalism? Challenges and Future Directions in the Interpretation of the European Convention on Human Rights.” Registration is here.
Military Necessity in International Cultural Heritage Law (Brill | Nijhoff 2022). Here's the abstract:
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.
On May 11, 2022, the Università degli Studi di Ferrara and the Università Cattolica del Sacro Cuore will hold a webinar on "Jurisdictional Immunities Again." Details are here.
Wednesday, May 4, 2022
Merkouris, Kammerhofer, & Arajärvi: The Theory, Practice, and Interpretation of Customary International Law
The Theory, Practice, and Interpretation of Customary International Law (Cambridge Univ. Press 2022). The table of contents is here. The book is available open access. Here's the abstract:
Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field.
On June 23-24, 2022, the University of Aberdeen will host a conference on "International Law and Technological Progress." The program is here. Registration is here.
Tuesday, May 3, 2022
International & Comparative Law Quarterly (Vol. 71, no. 2, April 2022) is out. Contents include:
- Eyal Benvenisti, The Birth and Life of the Definition of Military Objectives
- Brooke Marshall, Asymmetric Jurisdiction Clauses and the Anomaly Created by Article 31(2) of the Brussels I Recast Regulation
- Bryan Mercurio & Pratyush Nath Upreti, The Legality of a TRIPS Waiver for COVID-19 Vaccines Under International Investment Law
- Raphael Ren & Soh Lip Shan, How to Identify Insiders and Intruders Disguising as Investors in the Assignment of Investments
- Danae Azaria, Trade Countermeasures for Breaches of International Law Outside the WTO
- Christel Querton, One Step Forward, Two Steps Back? Interpreting ‘Particular Social Group’ in the European Union
- Shorter Articles
- Miles Jackson & Dapo Akande, The Right to Life and the Jus Ad Bellum: Belligerent Equality and the Duty to Prosecute Acts of Aggression
- Duncan Fairgrieve & Rhonson Salim, Collective Redress in Europe: Moving Forward or Treading Water?
- Thomas D Grant, Arbitration, Corruption and Post-Award Control in French and English Courts
On May 13-14, 2022, the European University Institute will host a workshop on "Sociological perspectives on international economic law and human rights law." Program and registration are here.
Manchester Journal of International Economic Law (Vol. 19, no. 1, 2022) is out. Contents include:
- Gerard Sanders, The Historical Roots of International Financial Institutions and their Impact on the Purposes and Governance of these Organizations
- Franziska Sucker & Kholofelo Kugler, The Proposed Covid-19 TRIPS Waiver: Not a Silver Bullet but Part of a Solution for Africa’s Covid-19 Health Crisis
- Dan Wei & Hongling Ning, Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation
- Mohammed El Said, The Global IP Response to Covid-19 Pandemic: A Tale of Several Ironies?
- Azam Amini, Mohammad Abedi & Ehsan Daryadel, A Criticism of Partial Award No. 604 of Iran-US Claims Tribunal in its Interpretation of ‘Iranian Properties’ under Paragraph 9 of Algiers General Declarations
- Prabhash Ranjan, The Future of India’s Investment Treaty Practice: An Important Parliamentary Intervention
Monday, May 2, 2022
Société française pour le droit international will hold its Colloque annuel, hosted by Université de Perpignan Via Domitia. The theme is: "Le droit international multilatéral." The program is here. Registration is here.
On May 12-13, the 2022 Conference of the Belgian Society for International Law will take place in Leuven and online. The theme is: "The Dynamics of Contestation and Cooperation in International Law." Registration is here. The program is here.
Questions of International Law / Questioni di Diritto Internazionale (no. 91, 2022) is out. Contents include:
- The implications of sea-level rise for international law
- Introduced by Maura Marchegiani
- Massimo Starita, The impact of sea-level rise on baselines: a question of interpretation of the UNCLOS or evolution of customary law?
- Andrea Caligiuri, Sinking States: The Statehood Dilemma in the Face of Sea-Level Rise
- Paolo Palchetti, Le rôle du Conseil de sécurité en matière de lutte aux changements climatiques
- Giuseppe Cataldi, Human Rights of People Living in States Threatened by Climate Change
- Charlotte Beaucillon, Culture overboard! The climate shift of international cultural heritage law in the face of rising sea levels
Sunday, May 1, 2022
The latest issue of the Human Rights Quarterly (Vol. 44, no. 2, May 2022) is out. Contents include:
- Payam Akhavan & David Matyas, International Criminal Justice in the Context of Fragile States: The ICC Self-Referral Debate
- Niaz A. Shah, The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan
- Boyd van Dijk, Gendering the Geneva Conventions
- David P. Forsythe, Human Dignity, the ICRC, and the Swiss Government: The Lessons of History Debated
- Mijke de Waardt & Eva Willems, Recipients Versus Participants: Politics of Aid and Victim Representation in Transitional Justice Practices in Peru
- Allison Corkery, Can Human Rights Help Social Movement Activists Frame Inequality as an Injustice? Lessons From Mining Affected Communities in South Africa
- Thomas W. Smith, Leviathan’s Architect: Urbicide, Urban Renewal, and the Right to the City in Turkish Kurdistan
- Javaid Rehman, Revisiting the Jihad Ideology in Islamic International Law and its Appropriation by Nonstate Actors