This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.
Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.
Thursday, June 9, 2022
Hefti: Conceptualizing Femicide as a Human Rights Violation: State Responsibility Under International Law
The International Atomic Energy Agency, which sends inspectors around the world to prevent states from secretly developing nuclear bombs, has one of the most important jobs in international security. At the same time, the IAEA is a global hub for the exchange of nuclear science and technology for peaceful purposes. Yet spreading nuclear materials and know-how around the world bears the unwanted risk of helping what the agency aims to halt: the emergence of new nuclear weapon states. In Inspectors for Peace, Elisabeth Roehrlich unravels the IAEA's paradoxical mission of sharing nuclear knowledge and technology while seeking to deter nuclear weapon programs.
Founded in 1957 in an act of unprecedented cooperation between the Cold War superpowers, the agency developed from a small technical bureaucracy in war-torn Vienna to a key organization in the global nuclear order. Roehrlich argues that the IAEA's dual mandate, though apparently contradictory, was pivotal in ensuring the organization's legitimacy, acceptance, and success. For its first decade of existence, the IAEA was primarily a scientific and technical organization; it was not until the Treaty on the Non-Proliferation of Nuclear Weapons entered into force in 1970 that the agency took on the far-reaching verification and inspection role for which it is now most widely known. While the Fukushima nuclear disaster and the Iran negotiations made the IAEA's name famous, the organization's remarkable history remains strikingly absent from public knowledge.
Drawing on extensive archival research, including firsthand access to newly opened records at the IAEA Archives in Vienna, Inspectors for Peace provides the first comprehensive, empirically grounded, and independent study on the history of the IAEA. Roehrlich also interviewed leading policymakers and officials, including Hans Blix and Nobel Peace laureate Mohamed ElBaradei, the agency's former heads. This book offers insight not only for students, scholars, and policy experts but for anyone interested in the history of the nuclear age, the Cold War, and the role of international organizations in shaping our world.
Wednesday, June 8, 2022
Tuesday, June 7, 2022
- Judy Fudge, Bad for business: the construction of modern slavery and the reconfiguration of sovereignty
- Alexis Alvarez-Nakagawa, Rituals of (dis)possession: appropriation and performativity in the early modern law of nations
- Henry Jones & Aoife O’Donoghue, History and self-reflection in the teaching of international law
- Christiane Wilk, Review Essay: Implicated in violence: Socio-legal approaches to international humanitarian law and international criminal law
- Books etc.
- Symposium: The Slave Trade, Abolition and the Long History of International Criminal Law: the recaptive and the victim by Emily Haslam
- Marie-Bénédicte Dembour, Critical legal thoughts
- Michael Lobban, International criminal law and the slave trade: the past and the present
- Christine Schwöbel-Patel, The precarious agency of racialised recaptives
- Emily Haslam, Writing the recaptive: a response
Agi: Zur Dogmatik des Verhältnismäßigkeitsgrundsatzes im Völkerrecht der bewaffneten Konflikte und im Völkerstrafrecht
Art. 8 II b) iv) IStGH-Statut sanktioniert den, der einen offensichtlich unverhältnismäßigen Angriff durchführt. Aber was ist, wenn nicht-erforderliche Angriffsmittel eingesetzt werden, obwohl militärischer Vorteil und Kollateralschaden in einem angemessenen Verhältnis zu einander zu stehen scheinen? Dieser Frage geht das Werk auf den Grund. Dabei wird zunächst die Prinzipientheorie auf das Konfliktsvölkerrecht angewandt und sodann die Entstehungsgeschichte des ZP I im Hinblick auf den Zusammenhang von Erforderlichkeit und Verhältnismäßigkeit im engeren Sinne analysiert. Die Ergebnisse beider Ansätze münden im Entwurf eines „targeting cycle“, aus dem sich ergibt, dass auch derjenige, der nicht-erforderliche Waffen einsetzt, ein Kriegsverbrechen begeht.
Launching a manifestly excessive attack is criminal according to Art. 8 II b) ICC-Statute. But what if non-necessary weapons are being used even though military advantage and collateral damage seem to be in proportion? The book explores this question. First, the theory of principles is applied to IHL and the legal-theoretical character of the rule of proportionality is examined. Then, the history of the development of AP I is analyzed with regard to the connection between necessity and proportionality in the narrow sense. Finally, the results of both approaches lead to a model of a "targeting cycle" from which it follows that those who use non-necessary weapons commit a war crime, too.
Call for Papers: Sustainable Banking and Financial Regulation in Asia: Principles, Practice and Innovation
Monday, June 6, 2022
International Criminal Jurisdiction is a treatise for anyone conducting research into how domestic and international regimes create and enforce rules for personal and subject matter jurisdiction in transnational or international criminal cases. It is the only such treatise in English on this topic. Attorneys representing corporate executives in white collar criminal cases will be able to use this book to construct challenges to a foreign court's exercise of jurisdiction over those clients. Legal scholars wishing to critique foreign domestic courts for defying suppression treaties will find in this book information on how and why those courts are doing so. Law students will turn to this book for distinctions between international criminal tribunals and domestic courts in the exercise of personal jurisdiction over government officials. The book provides complete details on how domestic legislatures and the U.N. have created statutory and treaty-based rules expanding or even limiting courts' and tribunals' jurisdiction over certain crimes and certain categories of defendants. This research serves the book's function as a thorough guide to jurisdictional questions that arise when criminal acts or criminals cross borders. Questions include whether a defendant possesses standing to challenge an international tribunal's personal jurisdiction over him, what happens when a given domestic regime neglects to criminalize conduct prohibited by a new treaty, and why some domestic courts choose not to exercise extraterritorial jurisdiction.
Wang & Cheng: China’s Approach to International Law: From Traditional Westphalianism to Aggressive Instrumentalism in the Xi Jinping Era
China has been expanding its engagement with the international legal order for decades, yet its general approach to international law remains mysterious or at least hard to understand. This article provides a preliminary examination of China’s contemporary international legal stance. It argues that, although China has appeared to be a follower of the traditional Westphalianism, it is at heart an instrumentalist in terms of complying with international law. In the Xi Jinping era, China’s approach to international law can be characterized as ‘aggressive instrumentalism’, though Xi Jinping’s ‘Community of Shared Future for Mankind’ concept has arguably also demonstrated a certain degree of idealism.
Sunday, June 5, 2022
The Shanghai Cooperation Organization (SCO) is one of the most rapidly developing centres of the multipolar world, covering an enormous landmass including China, India, Russia and its southern Eurasian neighbours.
With both its eight member states and a growing group of observer states, the SCO’s activities have expanded beyond its initial focus on security and stability to broader cooperation with the UN and other groupings such as the G20, BRICS, NATO and ASEAN. Bringing together large and disparate nation-states with often rival geostrategic agendas means that it not only faces substantial structural challenges but also has great potential. The contributors to this volume, representing a range of the states within the SCO, evaluate the possibilities for the Organization, and the challenges it faces in achieving them through a prism of legal regulation. They evaluate the bloc’s prospects for economic, humanitarian, legal, trade, labour, migration, and environmental cooperation, as well as its more traditional concerns with security and defence. The authors, analyzing the quality of cooperation between states within the SCO, note the controversial character of this process: it demonstrates both efficiency and declarative and decorative nature of the SCO.
- Roger P. Alford, Crina Baltag, Matthew E.K. Hall, & Monique Sasson, Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards
- Maxi Scherer & Ole Jensen, Empirical Research on the Alleged Invalidity of Arbitration Agreements: Success Rates and Applicable Law in Setting Aside and Enforcement Proceedings
- Loukas Mistelis & Giammarco Rao, The Judicial Solution to the Arbitrator’s Dilemma: Does the ‘Extension’ of the Arbitration Agreement to Non-Signatories Threaten the Enforcement of the Award?
- Laurence Shore, Vittoria De Benedetti, & Mario de Nitto Personè, A Pathology (Yet) to Be Cured?
- Cecilia Carrara, Conflicts of Interests
- Crina Baltag, Article V(1)(e) of the New York Convention: To Enforce orNot to Enforce Set Aside Arbitral Awards?
- Monique Sasson, Public Policy in International Commercial Arbitration
- Elina Mereminskaya, Latin America Isn’t ‘Going South’: A Qualitative Sampling Analysis
- Ioana Knoll-Tudor, Recognition or Enforcement and Annulment of Arbitral Awards in France: An Analysis of the Kluwer Research Results
- Arthur Dong & Alex Yuan, An Empirical Study on Recognition and Enforcement of Foreign, Hong Kong, Macau, and Taiwan Arbitral Awards in Mainland China
Postwar multilateral cooperation is often viewed as an attempt to overcome the limitations of the nation-state system. However, in 1945, when the United Nations was founded, large parts of the world were still under imperial control. Building States investigates how the UN tried to manage the dissolution of European empires in the 1950s and 1960s—and helped transform the practice of international development and the meaning of state sovereignty in the process.
Eva-Maria Muschik argues that the UN played a key role in the global proliferation and reinvention of the nation-state in the postwar era, as newly independent states came to rely on international assistance. Drawing on previously untapped primary sources, she traces how UN personnel—usually in close consultation with Western officials—sought to manage decolonization peacefully through international development assistance. Examining initiatives in Libya, Somaliland, Bolivia, the Congo, and New York, Muschik shows how the UN pioneered a new understanding and practice of state building, presented as a technical challenge for international experts rather than a political process. UN officials increasingly took on public-policy functions, despite the organization’s mandate not to interfere in the domestic affairs of its member states. These initiatives, Muschik suggests, had lasting effects on international development practice, peacekeeping, and post-conflict territorial administration.
Casting new light on how international organizations became major players in the governance of developing countries, Building States has significant implications for the histories of decolonization, the Cold War, and international development.
Pauwelyn, Maggetti, Büthe, & Berman: Rethinking Participation in Global Governance: Voice and Influence after Stakeholder Reforms in Global Finance and Health
International organizations and other global governance bodies often make rules and decisions without input from many of the individuals, groups, firms, and governments that are affected by them. The standards of the Basel Committee on Banking Supervision, for instance, developed by a small number of states, govern financial markets and the safety of bank deposits in over a hundred jurisdictions. Historically, the interests of developing countries, as well as non-commercial and diffuse interests within countries, have been excluded or disregarded in global governance. Scholars and practitioners have criticised this democratic deficit and called for greater participation of such marginalized stakeholders. Against this background, international institutions have introduced a variety of reforms with the goal of increasing and facilitating the participation of these excluded stakeholders.
This book brings together an expert group of scholars and practitioners to investigate the consequences of stakeholder participation reforms in the global governance of health and finance: What reforms have been introduced? Have these reforms given previously marginalized stakeholders a voice in global governance bodies? What effect have these reforms had on the legitimacy and effectiveness of global governance? To answer these questions, the book examines treaty-based intergovernmental organizations alongside newer forms of global governance such as trans-governmental regulatory networks, multi-stakeholder partnerships, and private standard setting bodies. Through a series of paired comparative analyses, the book provides insights into the experiences of large emerging and smaller or lower income developing countries (Brazil v. Argentina, China v. Vietnam, India v. the Philippines) in a diverse set of organizations, including the World Bank and the World Health Organization, the Basel Committee on Banking Supervision, the Global Fund to Fight AIDS, Tuberculosis and Malaria, the International Accounting Standards Board, Codex Alimentarius Commission and more.