Saturday, December 3, 2022

New Issue: Review of European, Comparative & International Environmental Law

The latest issue of the Review of European, Comparative & International Environmental Law (Vol. 31, no. 3, November 2022) is out. Contents include:
  • Editorial
    • Elisa Morgera & Patrick Vrancken, The ocean, sustainable development and human rights
  • Special Issue: Ocean, sustainable development and human rights
    • Julia Nakamura, Daniela Diz, & Elisa Morgera, International legal requirements for environmental and socio-cultural assessments for large-scale industrial fisheries
    • Harrison Kwame Golo, Sulley Ibrahim, & Bolanle Erinosho, Integrating communities' customary laws into marine small-scale fisheries governance in Ghana: Reflections on the FAO Guidelines for Securing Sustainable Small-Scale Fisheries
    • Stephanie Switzer, Elisa Morgera, & Elaine Webster, Casting the net wider? The transformative potential of integrating human rights into the implementation of the WTO Agreement on Fisheries Subsidies
    • Elisa Morgera & Hannah Lily, Public participation at the International Seabed Authority: An international human rights law analysis
    • Graham J. Hamley, The implications of seabed mining in the Area for the human right to health
    • Tanya Wagenaar, A principled approach for BBNJ: An idea whose time has come
  • Original Articles
    • Audrey Danthinne, Mariolina Eliantonio, & Marjan Peeters, Justifying a presumed standing for environmental NGOs: A legal assessment of Article 9(3) of the Aarhus Convention
    • Joyce De Coninck & Anemoon Soete, Non-refoulement and climate change-induced displacement: Regional and international cross-fertilization?
    • Nicola Sharman, Inter-State climate technology transfer under the UNFCCC: A benefit-sharing approach
    • Clemens Kaupa, Scrutinizing net zero: The legal problems of counting greenhouse gas emissions, removals and offsets together
    • Stellina Jolly, Domestic entities and access and benefit-sharing: A legal critique of Divya Pharmacy v Union of India
    • Carola Glinski, Liability of shipowners and classification societies for environmental damage and unsafe working conditions at recycling yards
    • Susan McCluskey, Calibrating states' emissions reduction due diligence obligations with reference to the right to life
    • Haomiao Du & Hao Zhang, Climate neutrality in the EU and China: An analysis of the stringency of targets and the adaptiveness of the relevant legal frameworks

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 11, no. 3, November 2022) is out. Contents include:
  • Special Issue: Populist Challenges to Global Governance: Feminist Perspectives
    • Rebecca Sanders & Laura Dudley Jenkins, Special issue introduction: Contemporary international anti-feminism
    • Jelena Cupać & Irem Ebetürk, Competitive mimicry: The socialization of antifeminist NGOs into the United Nations
    • Rebecca Sanders & Laura Dudley Jenkins, Control, alt, delete: Patriarchal populist attacks on international women’s rights
    • Gunnar Sigvaldason & Silja Bára Ómarsdóttir, Opposing abortion in a feminist paradise: Conservative rhetoric in Iceland
    • Aytak Dibavar, (Re)Claiming gender: A case for feminist decolonial social reproduction theory
    • Gürkan Çapar, Global regulatory competition on digital rights and data protection: A novel and contractive form of Eurocentrism?
    • Mariano C Melero, Weak constitutionalism and the legal dimension of the constitution
    • Dana Burchardt, The concept of legal space: A topological approach to addressing multiple legalities
    • David Vitale & Raphaël Girard, Public trust and the populist leader: A theoretical argument

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 13, no. 4, December 2022) is out. Contents include:
  • Editorial
    • Thomas Schultz, Unusual Sources of Inspiration: Springsteen
  • Articles
    • Li Chen, A tale of two cities: the education and experiences of two ICJ judges in China and America
    • Yilin Wang, The Origins and Operation of the General Principles of Law as Gap fillers
    • Omer Erkut Bulut, Drawing boundaries of police powers doctrine: a balanced framework for investors and states
    • Laurie Achtouk-Spivak & Robert Garden, OECD National Contact Point Specific Instances: When ‘Soft Law’ Bites?
    • Yanyan Tang, Investment Facilitation for Development and the Reform of International Investment Dispute Settlement Mechanism: The Choice of Developing Countries
  • Current Developments
    • Beibei Zhang & Wei Shen, When International Commercial Arbitration meets China’s sanction laws: living together but remaining apart?

Call for Papers: Cambridge International Law Journal 12th Annual Conference

The Cambridge International Law Journal has issued a call for papers for its 12th Annual Conference, which will be held at the University of Cambridge on April 24-25, 2023. The theme is: "Language in International Law." The call is here.

Call for Papers: Works-in-Progress Conference on "The Law of International Organizations"

The ASIL International Organizations Interest Group has issued a call for papers for a works-in-progress conference on "The Law of International Organizations," to take place virtually on February 3, 2023. The call is here.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added the following materials to the UN Audiovisual Library of International Law: a lecture Self-Defence and “Unwilling or Unable” States by Said Mahmoudi and lectures on The Legal Status of Cyberspace under International Law and The Use of Force in Cyberspace by Nicholas Tsagourias.

The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”

Call for Papers: Entanglements in Refugee and Migration Law

To celebrate its fortieth anniversary, the Nordic Asylum Law Seminar has issued a call for papers for a conference on May 22-24, 2023, in Copenhagen. The theme is: "Entanglements in Refugee and Migration Law." The call is here.

Worster: The Divergence Between the ICJ and the Committee on the Elimination of Racial Discrimination regarding Nationality-Based Discrimination

William Thomas Worster (Hague Univ. of Applied Sciences) has posted an ASIL Insight on The Divergence Between the ICJ and the Committee on the Elimination of Racial Discrimination regarding Nationality-Based Discrimination.

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 96, 2022) is out. Contents include:
  • What room for collective reaction to the aggression against Ukraine?
    • Introduced by Marco Pertile
    • Maurizio Arcari, The conflict in Ukraine and the hurdles of collective action
    • Beatrice Bonafé, The collective dimension of bilateral litigation: The Ukraine v Russia case before the ICJ
    • Giovanna Adinolfi, The EU economic restrictive measures against Russia under the lens of rules of responsibility for internationally wrongful acts
    • Antonello Tancredi, On the invalidity and illegality of the annexation referendums in Ukraine

Friday, December 2, 2022

New Volume: Polish Yearbook of International Law

The latest volume of the Polish Yearbook of International Law (Vol. 41, 2021) is out. Contents include:
  • Editorial
    • Karolina Wierczyńska, Łukasz Gruszczyński, & Aleksandra Mężykowska, Editorial
  • Special Section: Kolloquium: 50 Jahre Deutsch-Polnischer Vertrag Und 30 Jahre Zwei-Plus-Vier Vertrag
    • Christian Tomuschat, The Relevance of Time in International Law
    • Stefanie Schmahl, The 1970 Warsaw Treaty and the Challenges of Interpretative Declarations in International Treaty Law
    • Robert Uerpmann-Wittzack, Continuity and Succession of States: The Fate of Pre-war Germany and Its Implications for the 1970 Treaty of Warsaw
    • Stephen Hobe, The German-Polish Treaties of 1970 and 1990/1991 and the Question of Reparations
    • Andreas Kulick, Minority Protection in German-Polish Relations – Historical Influence and Current Relevance
    • Hans-Georg Dederer & Markus P. Beham, The German-Polish Cultural Property Debate – Can Pragmatic Solutions Overcome a Convoluted Controversy
    • Jan Barcz, The Polish-German Border in the Light of the 2+4 Treaty and the Polish-German Treaty on the Confirmation of the Border between Them
    • Władysław Czapliński, State Boundaries and Third States – Issue of Opposability. Remarks on the Polish-West German Normalization Treaty of 1970
    • Jerzy Kranz, War Reparations and Individual Claims in the Context of Polish-German Relations
  • General Articles
    • Patrycja Grzebyk, Escalation of the Conflict between Russia and Ukraine in 2022 in Light of the Law on Use of Force and International Humanitarian Law
    • Tero Lundstedt, How to Solve the Territorial Conflicts in Ukraine: Uti Possidetis Juris and an International Law Based Proposal for Power-Sharing
    • Grażyna Baranowska, Pushbacks in Poland: Grounding the Practice in Domestic Law in 2021
    • Aleksandra Gliszczyńska-Grabias, The Missing Post-Holocaust Traces in Recent Case Law of the European Courts
    • Marek Świerczyński & Remigijus Jokubauskas, Special Jurisdiction in Infringements of Personality Rights
  • Polish Practice
    • Statement of Polish International Lawyers Concerning the Aggression of the Russian Federation against Ukraine
  • Reviews
    • Hanna Kuczyńska, reviewing Valérie V. Suhr, Rainbow Jurisdiction at the International Criminal Court. Protection of Sexual and Gender Minorities Under the Rome Statute
    • Md Mustakimur Rahman, reviewing Book review: Darryl Robinson, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law

New Issue: Human Rights Law Review

The latest issue of the Human Rights Law Review (Vol. 22, no. 4, December 2022) is out. Contents include:
  • Ethan Shattock, Free and Informed Elections? Disinformation and Democratic Elections Under Article 3 of Protocol 1 of the ECHR
  • Sandra Fredman, Georgina Donati, Linda M Richter, Sara N Naicker, Jere R Behrman, Chunling Lu, Caroline Cohrssen, Florencia Lopez Boo, Chemba Raghavan, Amanda Devercelli, Jody Heymann, Alan Stein, & Harnessing Global Data to Advance Young Children’s Learning and Development Consortium, Recognizing Early Childhood Education as a Human Right in International Law
  • Markus Kärner, Procedural Rights in the Outskirts of Criminal Law: European Union Administrative Fines
  • Aoife Nolan, Ann Skelton, ‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice
  • Sjors Ligthart, Christoph Bublitz, Thomas Douglas, Lisa Forsberg, Gerben Meynen, Rethinking the Right to Freedom of Thought: A Multidisciplinary Analysis
  • Wojciech Burek, Reservations to the Istanbul Convention and the Role of GREVIO: A Call for New Approach

Tuesday, November 29, 2022

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 63, no. 1, Fall 2022) is out. Contents include:
  • Tamar Meshel, The Harmon Doctrine is Dead, Long Live the Harmon Doctrine!
  • Jocelyn Getgen Kestenbaum, Prohibiting Slavery & The Slave Trade

Monday, November 28, 2022

Call for Papers: Society of International Economic Law Eighth Biennial Conference

The Society of International Economic Law has issued a call for papers for its eighth biennial conference, which will take place in Bogotá on July 12-14, 2023, in collaboration with Universidad Externado de Colombia and Universidad del Rosario Colombia. The theme is: "International Economic Law in Times of Geo-Political Confrontation and Geo-Economic Fragmentation." The call is here. The deadline is January 15, 2023.

Ventura & Heffes: ‘Genocide’ Against Political Groups in Latin America in light of the Travaux Préparatoires of the Genocide Convention (1948): The Case of Argentina

Manuel J. Ventura & Ezequiel Heffes have posted ‘Genocide’ Against Political Groups in Latin America in light of the Travaux Préparatoires of the Genocide Convention (1948): The Case of Argentina (in Göttingen Handbook for Latin American Law, Kai Ambos & José Martinez eds, forthcoming). Here's the abstract:
This chapter examines the genocide findings made by some Argentinian courts as a result of the widespread and severe human rights violations that occurred during the military dictatorship of 1976-1983. Based predominantly on a narrow selection of the travaux préparatoires and other documents predating the Genocide Convention (1948), as well as a decision from Spain’s Audiencia Nacional, Argentinian judges have held that the physical destruction of ‘political groups’ as such or effectively as a part of a national group falls within the definition of genocide as included in said Convention. This chapter reviews the travaux préparatoires of the Genocide Convention (1948) relevant to the protected groups and shows that the drafters did not envisage genocide against political groups directly or indirectly as part of a national group. Accordingly, these Argentinian cases do not withstand close academic scrutiny.

Sunday, November 27, 2022

Call for Submissions: Asia-Pacific Journal of International Humanitarian Law

The Asia-Pacific Journal of International Humanitarian Law, a publication of the Institute of International Legal Studies - University of the Philippines Law Center and the International Committee of the Red Cross, is now accepting submissions for its 2023 Edition. The call is here. The deadline is on January 31, 2023.

Jalloh: The ICC Reform Process and the Failure to Address the African State Concerns on the Sequencing of Peace with Criminal Justice Under Article 53 of the Rome Statute

Charles C. Jalloh (Florida International Univ. - Law) has posted The ICC Reform Process and the Failure to Address the African State Concerns on the Sequencing of Peace with Criminal Justice Under Article 53 of the Rome Statute (N.Y.U. Journal of International Law & Politics, Vol. 54, no. 3, p. 809, Spring 2022). Here's the abstract:
The relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the ICC Office of the Prosecutor’s (OTP) policy paper on the interests of justice. Regrettably, despite the longstanding African State Party concern about the peace-justice interface, the September 2020 ICC independent expert report produced for the Assembly of States Parties missed the opportunity to expressly address this important issue. The author submits that, while the OTP appears to have embraced a more nuanced view of the interests of retributive justice and how they relate to the interests of sustainable peace, it maybe timely for the formal ICC review process to consider how to bring further clarity to resolution of this issue in the context of the ongoing ICC reform discussions. Formally giving the OTP some guidance on how to balance the interests of justice considerations after it begins a formal investigation into a situation should help limit some of the criticisms directed towards the ICC as it engages in the challenging task of dispensing justice for victims of atrocity crimes in Africa and other parts of the world.

Call for Input: Reports on “The impact of unilateral coercive measures on the right to health” and “Secondary sanctions, over-compliance and human rights”

The Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights has issued a call for input to reports on “The impact of unilateral coercive measures on the right to health,” for the 54th Session of the UN Human Rights Council (September 2023), and “Secondary sanctions, over-compliance and human rights,” for the 78th Session of the UN General Assembly (October 2023). The call is here.

Soave: The Everyday Makers of International Law: From Great Halls to Back Rooms

Tommaso Soave
(Central European Univ. - Law) has published The Everyday Makers of International Law: From Great Halls to Back Rooms (Cambridge Univ. Press 2022). Here's the abstract:
This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 11, no. 3, November 2022) is out. Contents include:
  • Editorial
    • Thijs Etty, Josephine van Zeben, Cinnamon Carlarne, Leslie-Anne Duvic-Paoli, Bruce Huber, & Anna Huggins, The Possibility of Radical Change in Transnational Environmental Law
  • Symposium: Private Rigths for Nature
    • Laura Burgers, Symposium Foreword: Private Rights of Nature
    • Björn Hoops, What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature
    • Alex Putzer, Tineke Lambooy, Ignace Breemer & Aafje Rietveld, The Rights of Nature as a Bridge between Land-Ownership Regimes: The Potential of Institutionalized Interplay in Post-Colonial Societies
    • Visa A.J. Kurki, Can Nature Hold Rights? It’s Not as Easy as You Think
  • Articles
    • Peter Lawrence, Justifying Representation of Future Generations and Nature: Contradictory or Mutually Supporting Values?
    • Eva Bernet Kempers, Transition rather than Revolution: The Gradual Road towards Animal Legal Personhood through the Legislature
    • Christine Parker & Lucinda Sheedy-Reinhard, Are Banks Responsible for Animal Welfare and Climate Disruption? A Critical Review of Australian Banks’ Due Diligence Policies for Agribusiness Lending
    • Yoshiko Naiki & Jaruprapa Rakpong, EU–Third Country Dialogue on IUU Fishing: The Transformation of Thailand’s Fisheries Laws
    • Wei-Chung Lin, Bringing Multilateral Environmental Agreements into Development Finance: An Analysis of the Asian Infrastructure Investment Bank’s Environmental and Social Framework

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 34, no. 2, June 2022) is out. Contents include:
  • Michelle Foster, Hannah Gordon, Hélène Lambert, & Jane McAdam, ‘Time’ in Refugee Status Determination in Australia and the United Kingdom: A Clear and Present Danger from Armed Conflict?
  • Ekaterina Yahyaoui Krivenko, Reassessing the Relationship between Equality and Vulnerability in relation to Refugees and Asylum Seekers in the ECtHR: The MSS Case 10 Years On
  • Yulia Ioffe, The Right to Family Reunification of Children Seeking International Protection under the Convention on the Rights of the Child: Misplaced Reliance on Travaux?
  • Valentin Feneberg, Nick Gill, Nicole I J Hoellerer, & Laura Scheinert, It’s Not What You Know, It’s How You Use It: The Application of Country of Origin Information in Judicial Refugee Status Determination Decisions – A Case Study of Germany