Saturday, November 5, 2022
Friday, November 4, 2022
Petersmann: When Environmental Protection and Human Rights Collide: The Politics of Conflict Management by Regional Courts
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
- Erik Lin-Greenberg, Wargame of Drones: Remotely Piloted Aircraft and Crisis Escalation
- David M. Allison, Stephen Herzog, & Jiyoung Ko, Under the Umbrella: Nuclear Crises, Extended Deterrence, and Public Opinion
- Subhayu Bandyopadhyay & Todd Sandler, Effects of Defensive and Proactive Measures on Competition Between Terrorist Groups
- Matthias Basedau, Mora Deitch, & Ariel Zellman, Rebels with a Cause: Does Ideology Make Armed Conflicts Longer and Bloodier?
- Jeff Carter & Douglas Lemke, Birth Legacies and State Failure
- Ryan Brutger, Institutional Design, Information Transmission, and Public Opinion: Making the Case for Trade
- Nimrod Nir, Eran Halperin, & Juhwa Park, The Dual Effect of COVID-19 on Intergroup Conflict in the Korean Peninsula
Thursday, November 3, 2022
- Ariel Dulitzky, Rereading Cain and Abel: New Approaches to Enforced Disappearances
- Richard Ashby Wilson, Digital Authoritarianism and The Global Assault on Human Rights
- Joshua Stone & Ming Wan, The Trump Administration’s Human Rights Pressure Campaign on China: How Cynics, Norms, and Social Construction Transformed US-China Relations
- Juan Pablo Bohoslavsky & Francisco Cantamutto, Not Even with a Pandemic: The IMF, Human Rights, and Rational Choices Under Power Relations
- Kate Nash, Beyond Suffering, Towards Justice? Human Rights Films and the Critique of Humanitarian Culture
- Obiajulu Nnamuchi, Joy Ezeilo, Uju Obuka, Maria Ilodigwe, Christine Ike, & Clara Obi-Ochiabutor, The Trafficking of Women in Nigeria: Is There a Role for Human Rights?
Wednesday, November 2, 2022
Dominant accounts have largely excluded actors from the Americas, other than the United States, from the history of international criminal law. This chapter does not attempt to introduce these exclusions into the established celebratory narrative. Instead, it explores how and why American actors have promoted, resisted, ignored, been affected, or been ignored by different efforts to implement or expand criminal justice in and through international law since the end of World War I until the present. In this way, this chapter presents a counter-history of international criminal law in and from the Americas, unveiling overlooked discontinuities and illuminating the changing political stakes involved in these projects.
This article highlights the marks left on international law by Iran’s and Algeria’s early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the frequently cited non-consequentialism of key moments in Third World Internationalism, such as Bandung and the NIEO to the significance of these domestic and transnational processes. While so doing, it is careful to point to the extraordinary bargaining power given to petro-states by the fossil-fuel dependent global economy, which elevated their influence in global affairs over that of other states in the Global South.
Global scripts—the rules, norms, and standards in international texts, and the tacit assumptions that surround and give meaning to them—exist on numerous issues (finance, trade, economic development, climate change, education, human rights, and gender equality), at every level of engagement (international, national, local), and at every phase of recursive norm construction and contestation. Case studies involving global scripts appear across a wide range of scholarship—considering sociological, anthropological, or sociolegal perspectives, or on international political economy, international organizations, international relations, or law and development—but because they are focused on one piece of the puzzle at a time, variation exists regarding the definition of global scripts, the distinction between legal and policy scripts, and how explicitly scripts get articulated through and with reference to law. Enhanced theorization of global scripts holds promise for connecting legal to sociolegal scholarship precisely because global scripts and scriptwriting extend beyond the realm of law and lawmaking; it would enable deeper exploration of whether, how, and why a broad range of texts and practices influence behaviors.
- Allelu de Jesus & Jeffrey-Michael Sison, Interview with Dr. Helen Durham
- Santosh Anand, Book Review of “Revisiting the Geneva Conventions: 1949-2019”
- Alba Grembi, Redefining Rescue Operations in Contemporary Naval Warfare: A Necessary Interplay between Maritime Bodies in International Law
- Sarthak Roy, Commissions of Inquiry as Bulwarks against Impunity
- In Memoriam
- Giuliana Ziccardi Capaldo, Antônio Augusto Cançado Trindade's Vision for the Humanization of International Law and the Realization of Justice—A Note of Gratitude
- Malgosia Fitzmaurice & Felicity G. Attard, Vulnerability, Sami Identity, and the Law
- Ko Hasegawa, The Possibility of the Human Right to Environment-From a Viewpoint of Legal Philosophy
- Notes and Comments
- Louis René Beres, Power, Immortality and International Law
- Geert-Jan Alexander Knoops, No Case to Answer Procedure Within the ICC Legal Guardian of the Accused’s Fundamental Rights
- Robert Kolb, L’Epuisement des Recours Internes Est-il une Condition de Fond, de Procédure ou les Deux à la Fois?
- Anja Matwijkiw, Bronik Matwijkiw & Lisa Nordbring, Bahrain’s 2011-2021 Anniversary: A Decade of Abandonment
- In Focus: Global Policies and Law
- Vivian Grosswald Curran, Addressing Member State Deviations from EU Foundational Values and the Rule of Law
- Héctor Olasolo, Mario Urueña-Sánchez & María Paula López Velásquez, Migratory Flows Between Colombia and Venezuela Since 1950: The Impact of the Covid-19 Pandemic
- Xiaoqing Diana Lin, Covid-19, the Belt and Road Initiative, Tianxia/the Chinese Universe, and Universal Human Rights
- Forum - Jurisprudential Cross-Fertilization: An Annual Overview
- Juan-Pablo Pérez-León-Acevedo, International Human Rights Law in International and Hybrid Criminal Courts and Tribunals
- Marc Engelhart & Suncana Roksandic, Beyond Classic Core Crimes: International Criminal Law for the Protection of Mankind–Economic and Environmental Crimes as International Crimes
Tuesday, November 1, 2022
- Advisory Opinion OC-28/21 on Presidential Re-election without Term Limits (Inter-Am. Ct. H.R.), within introductory note by Christina M. Cerna
- Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law, with introductory note by Malgorzata Materna
- Güriş Construction & Engineering, Inc. v. Syrian Arab Republic (Int'l Comm. Arb.), with introductory note by Kabir A.N. Duggal & Nicholas J. Diamond
- The Statute that Governs the Transition to Democracy and the Int'l Recognition of the Venezuela Interim President, within introductory note by José Ignacio Hernández G.
Monday, October 31, 2022
- Tina Popa, Anne Kallies, Vanessa Johnston, & Gabriella Belfrage-Maher, Do Emerging Trends in Climate Litigation Signal a Potential Cause of Action in Negligence against Corporations by the Australian Public?
- Alexander Zahar, The Missing Relational Element in Tort Cases on Greenhouse Gas Emissions
- Alison Hardiman, Climate, Energy – and Environment? Reconciliation of EU Environmental Law with the Implementation Realities of EU Climate Law
- Hana Müllerová & Alexander Ač, The First Czech Climate Judgment: A Novel Perspective on the State’s Duty to Mitigate and on the Right to a Favourable Environment
- Pearce Edwards, Political Competition and Authoritarian Repression: Evidence from Pinochet's Chile
- Jeremy Springman, The Political Economy of NGO Service Provision: Evidence from an Ancillary Field Experiment in Uganda
- Justin Sandefur, Nancy Birdsall, James Fishkin, & Mujobu Moyo, Democratic Deliberation and the Resource Curse: A Nationwide Experiment in Tanzania
- Noah Zucker, Group Ties amid Industrial Change: Historical Evidence from the Fossil Fuel Industry
- Jonathan Becker, The Global Liberal Arts Challenge
- Book Symposium: Democratizing Global Justice
- Ana Tanasoca & John S. Dryzek, Introduction: Democratizing Global Justice
- Terry Macdonald & Kate Macdonald, NGOs as Agents of Global Justice: Cosmopolitan Activism for Political Realists
- Eva Erman, On the Relationship between Global Justice and Global Democracy: A Three-Layered View
- Ana Tanasoca & John S. Dryzek, Determining Vaccine Justice in the Time of COVID-19: A Democratic Perspective
- Felix Bender, What's Political about Political Refugeehood? A Normative Reappraisal
- Review Essay
- James Pattison, Ukraine, Intervention, and the Post-Liberal Order
According to international law, the essence of a treaty consists not in any record, document or other tangible form; rather, the treaty rests in the agreement between parties. In disputes over a treaty, argument will turn on what the parties intended. While words written on a treaty document will be mobilised to support a party’s position, the document does not itself constitute the treaty. What, then, do the forms and materiality of treaty documents tell us, and why should we focus on them? These material objects – treaty documents – manifest and constitute law, and legal relations and intentions precede their creation, as well as infusing their forms. This chapter will reflect on the relationship between treaties and their documented form: from the scrawls of explorer-treaty makers like Stanley in the Congo, which according to King Leopold of Belgium’s instructions, ‘in a couple of articles must grant us everything’; to treaties recorded in Wampum, a communication and diplomatic technology of the Indigenous Peoples on the east coast of what is now called North America; to the modern multilateral treaty. In doing so, it will shine a light on how material forms embody and manifest legal agreement; the universal pretensions of international law; and the imprint of European colonial dominance which is etched into their material forms.
Sunday, October 30, 2022
This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion.
Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.