The guiding principle of peacemaking and peacebuilding over the past quarter century has been "liberal peace": the promotion of democracy, capitalism, law, and respect for human rights. These components represent a historic effort to prevent a reoccurrence of the nationalism, fascism, and economic collapse that led to the World Wars as well as many later conflicts. Ultimately, this strategy has been somewhat successful in reducing war between countries, but it has failed to produce legitimate and sustainable forms of peace at the domestic level. The goals of peacebuilding have changed over time and place, but they have always been built around compromise via processes of intervention aimed at supporting "progress" in conflict-affected countries. They have simultaneously promoted changes in the regional and global order.
As Oliver P. Richmond argues in this book, the concept of peace has evolved continuously through several eras: from the imperial era, through the states-system, liberal, and current neoliberal eras of states and markets. It holds the prospect of developing further through the emerging "digital" era of transnational networks, new technologies, and heightened mobility. Yet, as recent studies have shown, only a minority of modern peace agreements survive for more than a few years and many peace agreements and peacebuilding missions have become intractable, blocked, or frozen. This casts a shadow on the legitimacy, stability, and effectiveness of the overall international peace architecture, reflecting significant problems in the evolution of an often violently contested international and domestic order.
This book examines the development of the international peace architecture, a "grand design" comprising various subsequent attempts to develop a peaceful international order. Richmond examines six main theoretical-historical stages in this process often addressed through peacekeeping and international mediation, including the balance of power mechanism of the 19th Century, liberal internationalism after World War I, and the expansion of rights and decolonization after World War II. It also includes liberal peacebuilding after the end of the Cold War, neoliberal statebuilding during the 2000s, and an as yet unresolved current "digital" stage. They have produced a substantial, though fragile, international peace architecture. However, it is always entangled with, and hindered by, blockages and a more substantial counter-peace framework. The Grand Design provides a sweeping look at the troubled history of peace processes, peacemaking, peacekeeping, and peacebuilding, and their effects on the evolution of international order. It also considers what the next stage may bring.
Saturday, July 30, 2022
Who Matters at the World Bank explores "who matters" in a 32-year history (1980-2012) of policy change within the World Bank's public sector management and public sector governance agenda, and is anchored within the public administration discipline and its understanding of bureaucracy, bureaucratic politics, and stakeholder influences. In response to constructivist scholars' concerns about politics and the organizational culture of international civil servants within international organizations, Kim Moloney uses stakeholder theory and a bureaucratic politics approach to suggest the normality of politics, policy debate, and policy evolution. The book also highlights how for 21 of those 32 years it was not external stakeholders but the international civil servants of the World Bank who most influenced, led, developed, and institutionalized this sector's agenda. In so doing, the book explains how one sector of the Bank's work rose, against the odds, from being included in just under 3% of approved projects in 1980 to 73% of all projects approved between 1991 and 2012.
States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms.
Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.
In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that the ILO has identified as best practices for these agreements. Using this data, we show that, unlike some other forms of bilateral agreements, the rate of BLAs being signed has remained relatively high during the first two decades of the twenty-first century. Additionally, we also show evidence that, although many BLAs were formed during this period, relatively few agreements include various worker protections advocated for by activists, scholars, and NGOs.
International law and corporate governance share a special relationship: each can offer a way to address shortcomings in the other. International law offers potential solutions to negative externalities generated by corporate activity that harm consumers, employees, local communities, and a variety of non-shareholder parties. A variety of international agreements, customary international law, and non-binding recommendations address many of these externalities and can improve corporate conduct if adopted within corporate governance. The challenge is that international law norms are often under-enforced by state actors, thereby limiting their reach to corporate actors. However, corporate actors can address this shortcoming by directly incorporating international law into board oversight, management practices, and contract design. The incorporation of international law into corporate governance confronts both the corporate governance gap by addressing corporate externalities and the global governance gap by addressing international law’s enforcement challenge. This Chapter explained that a variety of stakeholder mechanisms apply international law norms to corporate governance and are therefore integral to making this symbiosis effective.
Friday, July 29, 2022
- Rhoda E. Howard-Hassmann & Neil McLaughlin, Ideacide: How On-Line Petitions and Open Letters Undermine Academic Freedom and Free Expression
- Jeremy Julian Sarkin & Ross Callum Capazorio, The Syrian Conflict as a Test Case for the Limits of the International Community and International Law: Global Politics and State Sovereignty Versus Human Rights Protection
- Dennis P. Petri & Marlies Glasius, Vulnerability and Active Religious Behavior: Christians and Crime Syndicates in Mexico
- Daniel Braaten, A Triangle of Vulnerability: Global Demand for Resources, Political Marginalization, and a Culture of Impunity as Causes of Environmental Defender Killings
- Sarah Craggs, Tiffany Deguzman, Ivey Dyson, Helena von Nagy, Bryce Rosenbower, & Eric Stover, Finding a Middle Ground? International Humanitarian Aid Organizations, Information Sharing, and the Pursuit of International Justice
- Mastura Alim, Clemence Due, & Peter Strelan, Understanding and Restoring Justice: A Qualitative Study of Uyghurs in Australia
- Caitlin Mollica, Sara E. Davies, Jacqui True, Sri Wiyanti Eddyono, Bhavani Fonseka, & Melissa Johnston, Women and the Justice Divide in Asia Pacific: How can Informal and Formal Institutions Bridge the Gap?
Thursday, July 28, 2022
Luque Macías: Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.
- Peter Krause, Daniel Gustafson, Jordan Theriault, & Liane Young, Knowing is Half the Battle: How Education Decreases the Fear of Terrorism
- Federico Masera & Hasin Yousaf, The Charitable Terrorist: State Capacity and the Support for the Pakistani Taliban
- Mark Peffley, Marc L. Hutchison, & Michal Shamir, Terrorism and Political Tolerance toward “Fellow Travelers”
- Melani Cammett, Christiana Parreira, Dominika Kruszewska-Eduardo, & Sami Atallah, Commitment to the “National” in Post-Conflict Countries: Public and Private Security Provision in Lebanon
- Richard E Ericson & Lester A Zeager, Coordination and Fair Division in Refugee Responsibility Sharing
- Howard Liu, Dissent Networks, State Repression, and Strategic Clemency for Defection
- Charles Butcher & Jonathan Pinckney, Friday on My Mind: Re-Assessing the Impact of Protest Size on Government Concessions
- Christopher W. Blair, Restitution or Retribution? Detainee Payments and Insurgent Violence
- Henrikas Bartusevičius & Florian van Leeuwen, Poor Prospects—Not Inequality—Motivate Political Violence
- Donald Grasse, Oil Crops and Social Conflict: Evidence From Indonesia
- Matthew Cancian, The Impact of Modern-System Training on Battlefield Participation by Kurdish Soldiers
- Noam Reich, Signaling Strength with Handicaps
- Data Set Feature
- Joshua Jackson, Andrew P. Owsiak, Gary Goertz, & Paul F. Diehl, Getting to the Root of the Issue(s): Expanding the Study of Issues in MIDs (the MID-Issue Dataset, Version 1.0)
New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
- Craig Jones, Legal advice and United States aerial targeting operations
- Marten Zwanenburg, The role of military legal advisers in targeting: a perspective from the Netherlands
- Nathalie Durhin, The role of legal advisors in targeting operations: a NATO perspective
- TD Gill, Rethinking the scope of application of international humanitarian law and its place in the international legal system
- Marco Sassòli, How to develop international humanitarian law taking armed groups into account?
- Guido Acquaviva, Autonomous weapons systems controlled by Artificial Intelligence: a conceptual roadmap for international criminal responsibility
- Alyssa S. King & Pamela K. Bookman, Traveling Judges
- Joost Pauwelyn & Krzysztof Pelc, Who Guards the “Guardians of the System”? The Role of the Secretariat in WTO Dispute Settlement
- International Decisions
- Geraldo Vidigal, Regional Trade Adjudication and the Rise of Sustainability Disputes: Korea—Labor Commitments and Ukraine—Wood Export Bans
- Ignatius Yordan Nugraha, Juncal Montero Regules & Merel Vrancken, Vavřička and Others v. The Czech Republic
- Monika Zalnieriute, Big Brother Watch and Others v. The United Kingdom
- Contemporary Practice of the United States Relating to International Law
- Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
- Russia Invades Ukraine
- Russian Invasion of Ukraine Draws Widespread—but Not Universal—Condemnation
- United States and Allies Target Russia and Belarus with Sanctions and Other Economic Measures
- International Institutions Mobilize to Impose Accountability on Russia and Individual Perpetrators of War Crimes and Other Abuses
- United States and Allies Provide Humanitarian Aid to Ukraine and Its Citizens
- The United States and Allies Provide Military and Intelligence Support to Ukraine
- Recent Books on International Law
- Bing Bing Jia, Reflections on Chinese Scholarship and Perspectives Regarding International Law, reviewing The Rise of China and International Law: Taking Chinese Exceptionalism Seriously, by Congyan Cai; Guoji Fa [International Law], edited by Cheng Xiaoxia and Yu Mincai; and Zhongguo Guoji Fa Niankan [The Chinese Yearbook of International Law], by Liu Huawen and Zhu Lijiang
- David P. Stewart, reviewing The Right to A Fair Trial in International Law, by Amal Clooney and Philippa Webb
- Rachel Banfield & Jacqui True, reviewing The Grip of Sexual Violence in Conflict: Feminist Interventions in International Law, by Karen Engle
- Noha Aboueldahab, reviewing International Law and Transitional Governance. Critical Perspectives, by Emmanuel H. D. De Groof and Micha Wiebusch
- Asad G. Kiyani, reviewing Refugee Law After 9/11: Sanctuary and Security in Canada and the United States, by Obiora Chinedu Okafor
Wednesday, July 27, 2022
Staiano: Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
Fulvia Staiano analyses the ways in which transnational organized crime has pushed States, as well as international organizations and institutions, to rethink the boundaries and rationale of territorial and extraterritorial State jurisdiction. The book examines consolidated instances of transnational organized crimes, such as human trafficking, migrant smuggling and trafficking in firearms, but also looks at emerging phenomena which have come to the attention of scholars and practitioners in more recent times, including cybercrime. In doing so, it draws a connection between States’ responses to ‘old’ and ‘new’ transnational crimes while providing an up-to-date analysis of international practice in this field.
Call for Applications: PhD in International and Public Law, Ethics and Economics for Sustainable Development
Tuesday, July 26, 2022
This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them – something more than mere pretext.
- Lord Lloyd-Jones, International Law Before United Kingdom Courts: A Quiet Revolution
- Billy Melo Araujo, A Contextual Analysis of Article 16 of the Ireland–Northern Ireland Protocol
- Clair Gammage & Philip Syrpis, Sovereignty Fictions in the United Kingdom's Trade Agenda
- Richard Garnett, Determining the Appropriate Forum by The Applicable Law
- Rebecca Barber, The Role of The General Assembly in Determining the Legitimacy of Governments
- Douglas Guilfoyle, Tamsin Phillipa Paige, & Rob McLaughlin, The Final Frontier of Cyberspace: The Seabed Beyond National Jurisdiction and the Protection of Submarine Cables
- Djakhongir Saidov, An International Convention on Expert Determination and Dispute Boards?
- Shorter Articles
- Ardavan Arzandeh, Brownlie II and the Service-Out Jurisdiction Under English Law
- Lisa Forman & Roojin Habibi, Revisiting the Legality of Travel Restrictions Under International Law During COVID-19
Why do rising powers sometimes challenge an international order that enables their growth, and at other times support an order that constrains them? Ascending Order offers the first comprehensive study of conflict and cooperation as new powers join the global arena. International institutions shape the choices of rising states as they pursue equal status with established powers. Open membership rules and fair decision-making procedures facilitate equality and cooperation, while exclusion and unfairness frequently produce conflict. Using original and robust archival evidence, the book examines these dynamics in three cases: the United States and the maritime laws of war in the mid-nineteenth century; Japan and naval arms control in the interwar period; and India and nuclear non-proliferation in the Cold War. This study shows that the future of contemporary international order depends on the ability of international institutions to address the status ambitions of rising powers such as China and India.
Monday, July 25, 2022
Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Vergerio: War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War
Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.
Sunday, July 24, 2022
Torres Zúñiga: The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories.
- Arnoud Willems, Bregt Natens, & Maryanne Kamau, Inward Processing in EU Anti-Dumping Proceedings
- Martin Wolfgang Zankl, Austria’s new Foreign Direct Investment Law: Review and Outlook
- Stefano Inama, Pramila Crivelli, & Phan Manh Ha, The Low Use by Firms of ASEAN Trade Preferences: Will RCEP Follow the Same Destiny? An Agenda for Rescue to Reform Rules of Origin in the Asian and Pacific Region
- Ann-Evelyn Luyten, GTCJ Written Interview: Cecilia Malmström, Non-resident Senior Fellow at Peterson Institute for International Economics (PIIE)
- Alessandro Fruscione, Import Operations into the European Union Require Established Operators (Or Identification of an Indirect Customs Representative)
- Conditionality and the Rule of Law
- Albert Sanchez-Graells, The Growing Thicket of Multi-layered Procurement Liberalization Between WTO GPA Parties, as Evidenced in Post-Brexit UK
- Delia Ferri & Katie Donnellan, The Implementation of the Marrakesh Treaty in the European Union: An Important Piece in the Accessibility Jigsaw?
- Vasyl Chornyi, Rules of Origin in the EU-UK Trade and Cooperation Agreement: Conceptual and Practical Challenges
- Andi Hoxhaj, The EU Common Regional Market Proposals for the Western Balkans
- Olivier Caprasse & Maxime Tecqmenne, The Evidence of Corruption in Investment Arbitration
- Patrick Dumberry, Risky Business: What Happens to Contracts Signed by Foreign Investors with Rebels During a Civil War once the Conflict Ends?
- Velimir Živković, ISDS and Nazis or History Without Context: A Reply to Gary Born
- Shouvik Bhattacharya & Saurav Bhaumik, What’s the Law? How Indian Courts Should Determine the Law Governing the Arbitration Agreement
- Thomas Stouten, Lennart Baijer, & Piotr Wiliński, Pragmatism Above All: The New York Convention Translation Requirement from the Dutch Perspective