- Gary M. English, Theatre and Human Rights: The Politics of Dramatic Form
- Berkay Alıca, External Monitoring of Coercive Agents and the Murders of Journalists: A Cross-National Study of Journalist Killings, 1992–2018
- Ilias Bantekas, Aligning the Right to Education with the Sustainable Development Goals: Is it Just About Finance?
- Joel R. Pruce, The Ferguson Uprising, Shadow Reporting, and Human Rights Experimentalism
- Kathryn McNeilly, Milestone Anniversaries: Marking Time in International Human Rights Law
- Lena Khor, Open Love, Religion, and Human Rights
Saturday, February 11, 2023
Thursday, February 9, 2023
- Paula Baldini Miranda da Cruz, Gender at the LJIL
- International Legal Theory
- Moshe Hirsch & Milad A. Said Barguil, Social memory and the impact of commemorative remedies ordered by the Inter-American Court of Human Rights
- Rafael Lima Sakr, Regionalism as development: The Lomé Conventions I and II (1975–1985)
- International Law and Practice
- Niamh Keady-Tabbal & Itamar Mann, Weaponizing rescue: Law and the materiality of migration management in the Aegean
- Helga Molbæk-Steensig, Subsidiarity does not win cases: A mixed methods study of the relationship between margin of appreciation language and deference at the European Court of Human Rights
- Anton Moiseienko, Does international law prohibit the facilitation of money laundering?
- Bérénice Boutin, State responsibility in relation to military applications of artificial intelligence
- International Court of Justice: Tribunte to Judge Shi Jiuyong
- Li Chen, The formative international law studies of Judge Shi Jiuyong
- Hague International Tribunals: International Court of Justice
- Yusra Suedi, Self-determination in territorial disputes before the International Court of Justice: From rhetoric to reality?
Wednesday, February 8, 2023
- Special Issue: Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches
- Anja Matwijkiw & Bronik Matwijkiw, Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches
- Sergio Dellavalle, Some Considerations on Why (and How) Criminal Law Should Turn International
- Karol Nowak, National Criminal Procedure Shoehorned into a Global Procedure Shoe When Trying Crimes Against Humanity
- Emiliano J. Buis, Athena’s Vote: Imperial Proceedings and the Hegemonic Origins of International Criminal Law in Aeschylus’ Eumenides
- Jill Marshall, International Criminal Law, Everyday Spaces and Feminist Legal Theory
- Philipp Kastner, The International Prosecutor: Reconsidering an Almighty Saviour? On International Criminal Law’s Obsession with Individuals
- Kerstin Bree Carlson, Punishment, Legality, and Other Challenges of International Criminal Law
- Stefania Negri, On Meteors and Comets: Is the Crime of Ecocide Back to Stay? Environmental Crimes at the Interface of Philosophy, the Law of State Responsibility and International Criminal Law
- Richard Barnes, Reflections on the Waters: Law of the Sea Scholarship and Practice
- Penelope Jane Ridings, The Influence of Scholarship on the Shaping and Making of the Law of the Sea
- Yoshifumi Tanaka, Reflections on Georges Scelle’s Theory of the Law of dédoublement fonctionnel in the Law of the Sea: Two Models for the Protection of Community Interests
- Dita Liliansa, Sea Turtles Protection in Southeast Asia: Linkages and Role of Soft Law Instruments in the Implementation of the Law of the Sea Convention
- Bastiaan Ewoud Klerk, From Undermining to Strengthening: Implications of the Forthcoming Agreement on Biodiversity beyond National Jurisdiction for MPA Governance in the North-East Atlantic
- Yun-Cheng Deng & Xia Jiang, Wetland Protection Law of the People’s Republic of China: New Efforts in Wetland Conservation
- Mitchell Lennan & Stephanie Switzer, Agreement on Fisheries Subsidies
- Jens David Ohlin, #Genocide: Atrocity as Pretext and Disinformation
- Mandy Meng Fang, When Decarbonization Meets Industrialization: The First WTO Dispute Between the EU and U.K.
- Shiran Shahaf, Mind the Gap(s) - The Need to Resolve Uncertainties in the International Law of Cyber Warfare
- James Scott & Rorden Wilkinson, The WTO After MC12: Negotiating multilateral trade in a time of COVID-19 and the war in Ukraine
- L. Johan Eliasson, Oriol Costa, & Patricia Garcia-Duran, Is the EU’s Trade Policy Aligning with America’s Trade Policy?
- Martijn Schippers & Walter de Wit, The Use of Statistical Values to Combat Undervaluation in the European Union
- Young Lo Ko & Tae Jung Park, Ineffective Trade in Service and Investment Agreements
- Chien-Huei Wu, The EU’s Proposed Anti-coercion Instrument: Legality and Effectiveness
- Michael J. Trebilcock & Dan Poliwoda, Revisiting the Trade-Labour Standards Nexus: The Case of the Uyghurs
- Daria Boklan, Olga Starshinova, & Amrita Bahri, Joint Statement Initiatives: A Legitimate End to ‘Until Everything is Agreed’?
This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.
Tuesday, February 7, 2023
- FORUM – Debating a WHO Treaty on Pandemic Preparedness and Response
- Pedro A. Villarreal, The Law of the WHO and COVID-19 Pandemic Reformism
- Silvia Behrendt & Amrei Müller, Do We Need to Protect the Entire World Population from Health Threats Through One Global Biomedical Surveillance and Response System? A Human Rights-Based Comment on the Proposed WHO Treaty on Pandemic Preparedness and Response
- FOCUS – China and International Law
- Kerstin von der Decken, Introduction
- Björn Ahl, China’s Perspectives on Public International Law: Selective Adaptation of International Treaties and the Community of Common Destiny Concept
- Congyan Cai, China and International Security: How Law and Politics Work
- Sarah Biddulph, The Chinese Approach to Human Rights
- Yuhong Zhao, The Chinese Approach to International Environmental Law
- Moritz Rudolf, China’s Belt and Road Initiative (BRI) and Public International Law
- Matthieu Burnay & Florian Couveinhes-Matsumoto, One Country, Two International Status? The Evolution of Hong Kong’s International Positioning from Western Imperialism to Chinese Authoritarianism
- Walther Schücking Lecture
- Daniel McCarthy, Professor Bruno Simma’s Reflections on Dispute Resolution at the Peace Palace
- General Articles
- Julien Berger, The End of Intra-EU Investor-State Arbitration
- Henning Goeke, Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision
- Silvia Venier, The International Regime Governing Notification, Information-Sharing and Early Warning Applicable to Epidemic Outbreaks
- Apollin Koagne Zouapet, Turning Fantasy into Inclusion … Regional Approaches and Unity of International Law
- German Practice
- Helen Arling, The German Federal Constitutional Court’s Climate Decision and its Implications for International Law
- Phillip Eschenhagen, Germany’s Strategy for Promoting World Peace: Rule of Law, Locality, and the Berlin Process on Libya
- Leonard Amaru Feil, Criminal Procedural Law Interacting with International Criminal Law and Human Rights in the Context of Military Operations Abroad: The European Court of Human Rights’ Judgment in the Case of Hanan v. Germany
- Philip Nedelcu & Stefan Schäferling, The Act on Corporate Due Diligence Obligations in Supply Chains – An Examination of the German Approach to Business and Human Rights
- Rico Neidinger, German Transparency and Anti-Corruption Regulations for Members of Parliament in the 19th Legislative Period (2017–2021) in Light of GRECO Evaluation
- Richard Schmidt, Sovereignty Decoupled from Human Rights: The German Position Paper on the Application of International Law in Cyberspace
- Hannah Sophie Strewe, Functional Immunity Before the Federal Court of Justice
- Sara Wissmann & Julius Adler, Good Things Come to Those Who Wait? The Joint Reconciliation Declaration of Germany and Namibia for the Herero and Nama Genocide
- Kristoffer Lidén, A better foundation for national security? The ethics of national risk assessments in the Nordic region
- Hanna Tuominen, In defence of common values: The Finnish EU Council Presidency 2019
- Nathanael Eschmann & Desirée Nilsson, Better together? Civil society coordination during peace negotiations
- Katharine AM Wright, Challenging civil society perceptions of NATO: Engaging the Women, Peace and Security agenda
- Johannes Scherzinger, Unbowed, unbent, unbroken? Examining the validity of the responsibility to protect
- Ivor Sokolić, Claims to ignorance as a form of participation in transitional justice
- Ondrej Ditrych & Tomas Kucera, Defence cooperation and change: How defence industry integration fostered development of the European security community
- Ranjoo Seodu Herr, Overlapping consensus view of human rights: a Rawlsian conception
- Moritz S. Graefrath & Marcel Jahn, Conceptualizing interstate cooperation
- Costas M. Constantinou & Fiona McConnell, On the right to diplomacy: historicizing and theorizing delegation and exclusion at the United Nations
- Jonathan Gilmore, Conceptualizing good global statehood: progressive foreign policy after the populist moment
- Christian Nikolaus Braun, Quo Vadis? On the role of just peace within just war
- Thomas Gehring & Kevin Urbanski, Member-dominated international organizations as actors: a bottom-up theory of corporate agency
Monday, February 6, 2023
With the Winter/Spring 2023 issue of JTMS now published, the Journal of Territorial and Maritime Studies would like to inform readers that we are now soliciting manuscript submissions for the Summer/Fall 2023 issue of JTMS. Authors wishing to be considered for inclusion in the Summer/Fall 2023 issue of JTMS must submit their manuscripts by the extended deadline of February 28th, 2023.
JTMS is an interdisciplinary Journal of research on terrestrial and maritime territorial issues sponsored by the Northeast Asia History Foundation with editorial offices hosted by Yonsei University in South Korea, providing an academic medium for the announcement and dissemination of research results the fields of security studies, history, international law, international relations, geography, peace studies, and other relevant disciplines. The journal is indexed in SCOPUS and covers all continental areas across the world from a variety of disciplinary and methodological perspectives. Practical studies as well as theoretical works, which contribute to a better understanding of territorial and maritime issues, are also encouraged.
Articles should be submitted electronically to *** email@example.com *** and include four major sections: the title page, structured abstract, main body, and references. The title page should contain the title of the paper, the author(s) name, the institutional affiliation and keywords. Manuscripts should follow the JTMS style guide available on our website.
A length of maximum 9,000 words is preferred for an article, including endnotes, and approximately 2,000 words for a review. Authors wishing to be considered for the Summer/Fall 2023 issue must submit their manuscripts by no later than February 28th, 2023. Inquiries may be sent via the email address provided above.
Sunday, February 5, 2023
Vidigal: Designing Climate Clubs: The Four Models, Trade Commitments and the Non-Discrimination Dilemma
The imminent adoption of climate-motivated trade restrictions has led to renewed interest in climate clubs (CC), by which club participants limit the application of trade restrictions to countries that fail to contribute sufficiently to emissions reduction efforts. Within the decentralized international system, small-group cooperation among climatically ambitious states may be instrumental in making climate cooperation politically feasible. In particular, decarbonizing carbon-intensive sectors may require a “club” approach. This paper analyses the main CC models being proposed, classifying them as “inducive” or “equalizing” and “exclusive” or “inclusive”. If adopted unilaterally (or “minilaterally”, by a group such as the G7), all models are likely to be contentious, either unjustifiably favoring one policy design over others or setting up arbitrary distinctions between admissible and inadmissible contributing measures. Regardless of formal legal challenges, a CC imposed without multilaterally negotiated criteria is bound to create trade tensions. A credible outcome of current proposals is a CC component within a (de jure or de facto) multilateral climate governance (MCG) system, whose residual club component operates less as an exclusive club than as a fallback element to ensure continued adherence to the governance system. To avoid pitfalls, the design of a CC must match the stated objective of decarbonizing production while allowing participants a broad measure of freedom regarding policy choices. A CC component may be permissible as a means of eliminating incentives for free riding through non-participation, as long as the MCG sets for those within the club corresponding criteria for acceptable contributing measures, established means of assessing compliance, and commensurate consequences for non-compliance.
- Chen Kertcher & Ornat Turin, ‘Lost in translation’: United Nations commentaries on gender stereotypes to Muslim countries
- Mohammad Pizuar Hossain, The Rohingya refugee crisis: analysing the international law implications of its environmental impacts on Bangladesh
- Zvika Orr, Localised medical moralities: organ trafficking and Israeli medical professionals
- Cristina Aibar-Guzmán, Isabel-María García-Sánchez & Celia Salvador-González, Do codes of conduct really mean a change in corporate practices with regard to human rights? Evidence from the largest garment companies worldwide
- Sean Molloy, Conceptualising the transformative justice potential of peace processes
- Françoise Montambeault & Martin Papillon, Repoliticising indigenous participation: FPIC protocols in Canada and Brazil
- Adam Ploszka, From human rights to human wrongs. How local government can negatively influence the situation of an individual. The case of Polish LGBT ideology-free zones
- Bennett Collins & Ali Watson, Refusing reconciliation with settler colonialism: wider lessons from the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission
- Ricardo Abello-Galvis & Walter Arevalo-Ramirez, Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia, 2022): Commentary on the Case and the Judgment on the Merits by the International Court of Justice
- David Molina Coello, Is UNCLOS Ready for the Era of Seafaring Autonomous Vessels?
- Onyemaechi Christopher Ugwuibe, Cordelia Ozoemena Idoko, David C. Nwogbo & Paul Chukwudi Ezinna, Nigeria Ports and Arms Smuggling: Evaluation of Cargo Tracking Note Amidst Growing Insecurity
- V. Adefemi Isumonah, Political Development Narrative of Africa’s Physical Space: The Case of Nigeria
- Mariam Mgeladze, UK House of Lords Inquiry: Is the UN Convention on the Law of the Sea Still Fit for Purpose?
Fach Gómez & Titi: Facilitating Access to Investor-State Dispute Settlement for Small and Medium-Sized Enterprises: Tracing the Path Forward
The costs of accessing investor-state dispute settlement (ISDS) are notoriously high. International investment treaties and investment dispute settlement in particular have been primarily designed with large investors in mind – those with the means to access an international tribunal –, while small and medium-sized enterprises (SMEs) and individual or vulnerable investors can face significant barriers to accessing ISDS. This article is the first in legal scholarship to identify and evaluate the diverse opportunities that exist for the establishment and operation of mechanisms allowing SMEs better and easier access to ISDS. Drawing on the wealth of comparative experience from the functioning of existing dispute settlement assistance mechanisms in international courts and tribunals, the article argues that legal assistance is a more efficient and cost-effective tool than financial assistance and presents concrete proposals for the funding and operation of such a mechanism for SMEs. Finally, the article examines the political cost involved in facilitating SMEs’ access to ISDS, in light of the fact that some states have been increasingly wary of ISDS, but it weighs this challenge against the imperative of ensuring effective access to justice.
- Yang Liu, Proportionality Balancing under General International Law: the Case of Article 25(1)(b) of ARSIWA
- Adrien Schifano, Organizationhood in the Light of Asian Minimalism
- Sergey Yu Marochkin, A Changed Constitutional Perception of International Law: Demonstrating the Move Ahead With a Turned Back Head?
- Maria Stefania Cataleta, The Prohibition of Prosecution of Child Soldiers: a Desirable Emerging Rule of Customary International Law