This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.
Saturday, December 31, 2022
Comparative Recognition and Enforcement: Foreign Judgments and Awards (Cambridge Univ. Press 2022). Here's the abstract:
The European Union and Customary International Law (Cambridge Univ. Press 2022). The table of contents is here. Here's the abstract:
The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.
Cho & Kurtz: Investing the ASEAN Way: Theories and Practices of Economic Integration in Southeast Asia
Investing the ASEAN Way: Theories and Practices of Economic Integration in Southeast Asia (Cambridge Univ. Press 2022). Here's the abstract:
In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
Gao & Zhou: Between Market Economy and State Capitalism: China's State-Owned Enterprises and the World Trading System
Between Market Economy and State Capitalism: China's State-Owned Enterprises and the World Trading System (Cambridge Univ. Press 2022). Here's the abstract:
One major issue facing the world trading system today is how to deal with the challenge of China's state capitalism. Many commentators believe that the existing WTO rules are insufficient and, thus new rules are needed. This book challenges this conventional wisdom. Through meticulous studies and fresh analysis of the commitments in China's WTO accession package, existing rules on state capitalism in WTO agreements and recent attempts to make new rules on these issues at the bilateral, regional and multilateral levels, this book argues that existing WTO rules, especially those on subsidies, coupled with China-specific rules in its accession protocol, do provide feasible tools to counter China's state capitalism. This book also discusses the reasons for the lack of usage of these rules and provides concrete policy suggestions on how the rules may be better utilized, as well as how to conduct constructive negotiations on new rules in the WTO and beyond.
La protection internationale de l’enfant en situation de migration (Éditions du Panthéon 2022). Here's the abstract:
Les migrations internationales sont en constante augmentation et il en est de même du nombre de mineurs engagés, volontairement ou non, dans un processus migratoire. Il était devenu important d’avoir un ouvrage sur les différentes formes de protection auxquelles ils peuvent prétendre en fonction de leur situation (demandeur d’asile, réfugié, apatride, déplacé, migrant, étranger accompagné ou isolé…). Cette étude est à destination des travailleurs sociaux, des associations de défense des droits des migrants, mais surtout des dirigeants politiques et des États. Ces derniers se doivent de respecter la totalité de leurs engagements internationaux et d’apporter une réelle assistance à une catégorie particulièrement vulnérable.
Friday, December 30, 2022
Call for Papers: The Ukrainian Conflict in the Global Legal Contexts: Tracing the Past in the Present
The Ius Commune research programme "Constitutional Processes in the Global Legal Order" has issued a call for papers for a workshop on "The Ukrainian Conflict in the Global Legal Contexts: Tracing the Past in the Present," to take place May 11, 2023, in Maastricht. The call is here.
The Birkbeck Law Review has issued a call for submissions for a special issue on "Borders, Boundaries and the Law." The call is here.
Call for Papers: South Asian Perspectives on Environmental Protection and Forest Rights: Emerging Trends and Practices
The Center for International Law and Global Governance at GLA University, the Faculty of Law at Tribhuvan University, and the Department of Law at Bangladesh Army International University of Science and Technology have issued a call for papers for an online conference on "South Asian Perspectives on Environmental Protection and Forest Rights: Emerging Trends and Practices," to take palce March 24-25, 2023. The call is here.
Reckoning with Empire: Self-Determination in International Law (Brill | Nijhoff 2022). Here's the abstract:
The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.
Ramcharan, Brett, Clark, & Parker: The Protection Roles of Human Rights NGOs: Essays in Honour of Adrien-Claude Zoller
The Protection Roles of Human Rights NGOs: Essays in Honour of Adrien-Claude Zoller (Brill | Nijhoff 2022). The table of contents is here. Here's the abstract:
This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
Max Planck Yearbook of United Nations Law (Vol. 25, 2021) is out. Contents include:
- Gabriela Argüello, The International Maritime Organization’s Contribution to Regime Interaction: Past, Present, and Future
- José-Miguel Bello y Villarino, Middle Point, End of the Road or Just the Beginning? Anticorruption Efforts, Failures and Promises at the United Nations
- Guilherme Canela, Namara Burki, & Samrita Menon, UNESCO’S Judges’ Initiative: Training the Custodians of the Legal System on Freedom of Expression, Access to Information and the Safety of Journalists
- Jacob Katz Cogan, ‘Mechanisms’ at the United Nations
- Pierre-Marie Dupuy, The Constitutional Dimension of the UN Charter Revisited: Almost One Quarter of a Century Later
- Rana Moustafa Essawy, Closing the Doors on Health Nationalism: The Non-emptiness of the Legal Duty to Cooperate in Pandemic Response under Lex Specialis
- Francesco Francioni, Cultural Heritage and Human Rights
- Michael Lysander Fremuth & Konstantina Stavrou, The Future We Want? Reflections on the Exercise of the United Nations Security Council Members’ Veto Powers towards the International Criminal Court
- Rosana Garciandia & Philippa Webb, The UN’s Work on Racial Discrimination: Achievements and Challenges
- Rainer Grote, The Human Rights Council at 15: How (Not) to Promote Human Rights in Times of Growing Political Polarization
- Tomas Hamilton & Göran Sluiter, Principles of Reparations at the International Criminal Court: Assessing Alternative Approaches
- Elena Ivanova, Intervention in Inter-State Arbitration, including the Case of UNCLOS Annex VII Arbitration
- Gerd Oberleitner, The United Nations and International Humanitarian Law: The Past 75 Years
- Sara Palacios-Arapiles, The Interpretation of Slavery before the International Criminal Court: Reconciling Legal Borders?
- Ernst-Ulrich Petersmann, The UN Sustainable Development Agenda and Rule of Law: Global Governance Failures Require Democratic and Judicial Restraints
- Yann Prisner-Levyne, Wildlife Crime: Story of an International Law Lacuna
- Anni Pues, The UN General Assembly as a Security Actor: Appraising the Investigative Mechanism for Syria
- Chie Sato, The Necessity of a Global Legal Framework for Protection of Marine Biodiversity in Areas beyond National Jurisdiction: Could the BBNJ Agreement Provide the Basis for an Integrated Framework?
- William Schabas, Race, Human Rights and the Global South at the First Session of the UN General Assembly
- Omri Sender & Michael Wood, The Work of the International Law Commission between 1997 and 2022: A Positive Assessment
- Dinah Shelton, The Development of Human Rights Law and Challenges Faced by UN Treaty Bodies 1969–2022
- Tommaso Soave, Digital Humanitarians and International Lawyers: Worlds apart or Two Sides of the Same Coin?
- Paulina Starski & Friedrich Arndt, The Russian Aggression against Ukraine – Putin and His ‘Legality Claims’
- Ramona Vijeyarasa, Three Decades of CEDAW Committee General Recommendations: A Roadmap for Domestication, Reporting and Stronger Accountability for Women’s Rights
The latest issue of the Review of International Organizations (Vol. 18, no. 1, January 2023) is out. Contents include:
- Ryan Brutger, Stephen Chaudoin, & Max Kagan, Trade Wars and Election Interference
- Mintao Nie, IOs’ selective adoption of NGO information: Evidence from the Universal Periodic Review
- Katharina Meissner, How to sanction international wrongdoing? The design of EU restrictive measures
- Krishna Chaitanya Vadlamannati & Samuel Brazys, Does cultural diversity hinder the implementation of IMF-supported programs? An empirical investigation
- Thomas Dörfler & Mirko Heinzel, Greening global governance: INGO secretariats and environmental mainstreaming of IOs, 1950 to 2017
- David A. Steinberg & Yeling Tan, Public responses to foreign protectionism: Evidence from the US-China trade war
- Thomas Edward Flores, Gabriella Lloyd, & Irfan Nooruddin, When TED talks, does anyone listen? A new dataset on political leadership
- Yu Wang & Randall W. Stone, China visits: a dataset of Chinese leaders’ foreign visits
The latest issue of the Journal of International Arbitration (Vol. 39, no. 6, 2022) is out. Contents include:
- Jacob Grierson, Two Brief Comments on the Law Commission’s Proposed Reform of the Arbitration Act 1996
- Charles Tay, Satellite Launch and Production Services and Arbitration in the Chinese Private Sector
- Martim Della Valle & Pedro Schilling de Carvalho, Corruption Allegations in Arbitration: Burden and Standard of Proof, Red Flags, and a Proposal for Systematization
- Gary J. Shaw, Michael Evan Jaffe, & Lindsey Mitchell, Exercising Governmental Authority to Claim Section 1782 Assistance: What Does It Mean?
- W.J.L. de Clerck, Dutch Supreme Court Finds for the First Time on Corruption and Arbitration in Context of Annulment Proceedings: Case Report on the Bariven and Yukos Decisions
Thursday, December 29, 2022
Yuval Shany (Hebrew Univ. of Jerusalem - Law) has posted Digital Rights and the Outer Limits of International Human Rights Law (German Law Journal, forthcoming). Here's the abstract:
This article explores the extent to which key normative and institutional responses to the challenges raised by the digital age are compatible with, or interact with, changes in key features of the existing international human rights law (IHRL) framework. Furthermore, the article claims that the IHRL framework is already changing, partly due to its interaction with digital human rights. This moving normative landscape creates new opportunities for promoting human rights in the digital age, but might also raise new concerns about the political acceptability of IHRL. Following an introduction, Part One of the article will describe the development of digital human rights, using a “three generations” typology. The Second Part will explain how new developments in the field of digital human rights coincide with broader developments in IHRL, including: the extra-territorial application of human rights, obligations on governments to actively regulate private businesses and the erosion of normative boundaries separating specific human rights treaties from other parts of IHRL and international law. These two segments are followed by concluding remarks.
The latest issue of the Journal of World Trade (Vol. 57, no. 1, 2023) is out. Contents include:
- Andrew D. Mitchell & Neha Mishra, A New Digital Economy Collaboration in the Indo-Pacific: Negotiating Digital Trade in the Australia-India CECA
- Gilbert Gagné & Camille Jean-Desnoyers, Cultural Services in Australia and New Zealand’s Preferential Trade Agreements
- Olim Latipov, Christian Lau, Kornel Mahlstein, & Simon Schropp, Quantifying the Impact of the Latest US Tariff Sanctions on Russia: A Sectoral Analysis
- Matilda Gillis, The ‘Level Playing Field’ Metaphor: Revealing a Competitive Move in EU Free Trade Agreements
- Kamala Dawar, The EU 2022 International Procurement Regulation Enters in to Force Reciprocity
The latest issue of Legal Issues of Economic Integration (Vol. 49, no. 4, 2022) is out. Contents include:
- Editorial: On Digital Sovereignty, New European Data Rules, and the Future of Free Data Flows
- Rudolf Adlung & Bregt Natens, The Time Factor in the MFN Obligation in Services Trade: Will the Lion Ever Roar?
- Lennard Michaux, Procedural Customization & the Limits of Internal Market Law: The ECJ Conducting the Judicial Dialogue
- Khuong-Duy Dinh, Revisiting the Principle of Territoriality in Preferential Rules of Origin: Are Territoriality Requirements Obsolete?
- Julia Ya Qin, Turkey–Pharmaceuticals: The First WTO Arbitration for Appellate Review
International Interactions (Vol. 48, no. 6, 2022) is out. Contents include:
- Vivian P. Ta-Johnson, Eric Keels & A. Burcu Bayram, How women promote peace: Gender composition, duration, and frames in conflict resolution
- Dawid Walentek, Reputation or interaction: What determines cooperation on economic sanctions?
- Christopher S. P. Magee & Tansa George Massoud, Diffusion of protests in the Arab Spring
- Yufan Yang, Joshua Tschantret & Cody Schmidt, Is terrorism deadlier in democracies?
- Matthew DiGiuseppe & Colin M. Barry, Do consumers follow the flag? Perceptions of hostility and consumer preferences
- Herman Wieselgren, Sexual violence along ethnic lines? Revisiting rebel-civilian ethnic ties and wartime sexual violence
- Rafael Mesquita, Rodrigo Martins & Pedro Seabra, Estimating ideal points from UN General Assembly sponsorship data
Journal of International Wildlife Law & Policy (Vol. 25, no. 3, 2022) is out. Contents include:
- Marcus B. Reamer, Recovery of the Eastern North Pacific Gray Whale: A Case Study
- Andrew J. Wright & Hilary B. Moors-Murphy, Regulating Impacts of Noise on Marine Mammals in North America: An Overview of the Legal Frameworks in Canada and the United States
- Jiaxin Xu, Zhijia Liu & Matthew S. Leslie, A Comparative Analysis of US and Japanese News Reports on Whaling Suggests Strategies to Improve Bilateral Communication on Commercial Whaling in Japan
Monday, December 26, 2022
African Yearbook of International Law (Vol. 24, 2019) is out. Contents include:
- Special Theme / Thème spécial : African Regional Law and Health – Present Status and Prospects / Le droit régional africain et la santé – État des lieux et perspectives
- Mutoy Mubiala, Note introductive au thème spécial sur le Droit régional africain et santé – État des lieux et perspectives
- Edefe Ojomo, From International to Regional Health Law: A West African Perspective
- Pythagore Nono Kamgaing, La Commission africaine des droits de l’homme et des peuples et la mise en œuvre du droit à la santé
- Karim Zaouaq, Le droit à la sante des personnes handicapées : quelle place dans le système africain des droits de l’homme ?
- Emmanuel Guematcha, Transitional Justice and Health Protection: Assessing the Contribution of International Criminal Proceedings and Truth Commissions in Africa
- Patrick Juvet Lowé Gnintedem, Les organisations régionales africaines de la propriété intellectuelle et l’accès aux médicaments dans des situations de pandémie
- Mutoy Mubiala, La “responsabilité d’assister” et sa mise en œuvre dans la lutte contre les pandémies en Afrique
- Jimmy Niamadjomi Museni, Plaidoyer pour un cadre institutionnel régional en faveur de l’action des régions et villes africaines dans le contexte des urgences de santé publique de portée internationale
- General Articles / Articles généraux
- Dirdeiry M. Ahmed, Between Intangibility and Uti Possidetis: The Debate on Title to Territory in Africa
- Aimé Parfait Niyonkuru, La protection africaine des droits de l’homme à l’épreuve des retraits de la déclaration faite conformément à l’article 34 (6) du protocole créant la Cour ADHP
- Samson Mwin Sôg Mé Dabiré, La peine de mort dans le système africain de protection des droits de l’homme et des peuples : positions de la Commission et de la Cour africaines
- Bernard Ntahiraja, Universal Jurisdiction and the Extraordinary African Chambers in the Senegalese Judicial System: Towards a Replicable Enforcement Model?
- Catherine Maia, Recognition of Peremptory Human Rights Norms: A Dialogue to Be Revived between International and Regional Jurisdictions
- Udoka Ndidiamaka Owie, The Precariousness of Self-Defence in International Law by the Targeted Killing of Major General Soleimani of Iran by the United States
Sunday, December 25, 2022
International Review of the Red Cross (Vol. 105, no. 922, April 2023) is out. The theme is: "Persons with disabilities in armed conflict." Contents include:
- Robert Mardini, Persons with Disabilities in Armed Conflicts: From Invisibility to Visibility
- Nicolas Hocq & Nour Assaf, Voices of resilience: The perspective of persons with disabilities in armed conflict
- Alex Garcia, Dreams of a Deafblind Person!
- Interview with His Royal Highness Prince Mired bin Raad Zeid Al-Hussein of Jordan
- Interview with His Excellency Pekka Haavisto: Foreign Minister of Finland
- Interview with Gerard Quinn: Special Rapporteur on the Rights of Persons with Disabilities
- Sonia Crenn & Charlotte Mohr, The protection of persons with disabilities in armed conflict: An empty shelf in an IHL-specialized library?
- Janet E. Lord, Accounting for disability in international humanitarian law
- Alexander Breitegger, Increasing visibility of persons with disabilities in armed conflict: Implications for interpreting and applying IHL
- Andrew Begg, From invisibility to positive legal protection: The drafting of Article 11 of the Convention on the Rights of Persons with Disabilities Intersectionality
- Sara La Vecchia, The protection of women and girls with disabilities in armed conflict: Adopting a gender-, age- and disability-inclusive approach to select IHL provisions
- Emina Ćerimović, At risk and overlooked: Children with disabilities and armed conflict
- Mar Maltez, “I’mpossible”: Some challenges of implementing international law in the area of humanitarian affairs for persons with disabilities
- Ibrahim Ngila Kikuni & Florent Munenge Mudage, Protecting disabled people during armed conflict in North Kivu: Challenges and perspectives
- Alice Priddy, Who is the civilian population? Ensuring IHL is implemented for the protection of the entirety of the civilian population – including persons with disabilities
- Bonnie Docherty & Alicia Sanders-Zakre, The origins and influence of victim assistance: Contributions of the Mine Ban Treaty, Convention on the Rights of Persons with Disabilities and Convention on Cluster Munitions
- Mariana Díaz Figueroa, Anderson Henao Orozco, Jesús Martínez & Wanda Muñoz Jaime, The risks of autonomous weapons: An analysis centred on the rights of persons with disabilities Interlinkages with other normative frameworks
- Gauthier de Beco, Taking economic and social rights earnestly: What does international human rights law offer persons with disabilities in situations of armed conflict?
- Steve Tiwa Fomekong, Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis
- Ahmed Al-Dawoody & William I. Pons, Protection of persons with disabilities in armed conflict under international humanitarian law and Islamic law
- Carolin Funke, No context is too challenging: Promoting, doing and achieving inclusion in the humanitarian response in South Sudan
- Kirsten Young, Exclusive humanitarianism: Policy recommendations for genuine inclusion of persons with disabilities in humanitarian action Mina C. Mojtahedi, Riikka Mikkola & Niklas Saxén, Advancing rights and inclusion of persons with disabilities in humanitarian action: a donor perspective
- Sarah Miller, Mental health and the law: What else is needed for particularly vulnerable contexts facing armed conflict and development obstacles?
- Bogna Ruminowicz, Advancing towards inclusive peace and security: Persons with disabilities and Security Council Resolution 2475
- Gopal Mitra & Georgia Dominik, United Nations Disability Inclusion Strategy: A framework to accelerate transformative change for persons with disabilities in the peace and security pillar
- William I. Pons, Janet E. Lord & Michael Ashley Stein, Addressing the accountability void: War crimes against persons with disabilities
- Kate McInnes, Opportunities and failures to prosecute violence against persons with disabilities at the international tribunals for the former Yugoslavia, Rwanda and Sierra Leone
- Alexa Magee, No longer the “forgotten victims of armed conflict”: Operational and legal considerations for accountability mechanisms regarding crimes affecting persons with disabilities
- Ashira Vantrees, Inaccessible justice: The violation of Article 13 of the CRPD and the ICC’s role in filling the accountability gap
Ethics & International Affairs (Vol. 36, no. 4, Winter 2022) is out. Contents include:
- Roundtable: Healing and Reimagining Constitutional (Liberal) Democracy
- David Ragazzoni, Introduction: New Directions in the Study of Constitutional Democracy
- Rogers M. Smith, The Risks and Benefits of National Stories
- Rosalind Dixon & David Landau, Healing Liberal Democracies: The Role of Restorative Constitutionalism
- Tom Ginsburg & Aziz Z. Huq, The Pragmatics of Democratic “Front-Sliding”
- Ran Hirschl, The “Era of the City” as an Emerging Challenge to Liberal Constitutional Democracy
- David Ragazzoni, Parties, Democracy, and the Ideal of Anti-factionalism: Past Anxieties and Present Challenges
- Ayelet Shachar, Solidarity in Place? Hope and Despair in Postpandemic Membership
- Chris Armstrong & Duncan McLaren, Which Net Zero? Climate Justice and Net Zero Emissions
- Review Essay
- Christian Nikolaus Braun, But Is It Good Enough? Jus ad Vim and the Danger of Perpetual War
Van der Ploeg, Pasquet, & Castellanos-Jankiewicz: International Law and Time: Narratives and Techniques
International Law and Time: Narratives and Techniques (Springer 2022). The table of contents is here. Here's the abstract:
This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.
Arbitration International (Vol. 38, no. 3, September 2022) is out. Contents include:
- Cameron Miles, Lawfare in Crimea: treaty, territory, and investor–state dispute settlement
- Simon Allison & Kanaga Dharmananda, Party crashers: issues in identifying parties and others bound by arbitration agreements
- Ilias Bantekas, Transnational arbitration agreements as contracts: in search of the parties’ common intention
- Gustavo Favero Vaughn & Kabir Duggal, On international arbitration, choice of substantive law, and the CISG: a case law study
- Arthur Lauvaux, Towards a bumpy ride into the sunset: on the mutual termination of IIAs and their sunset clauses
- Case Note
- Nartnirun Junngam, Thailand’s debut in investment treaty arbitration: the curious case of Walter Bau and its lessons for participants in international investment law