The Netherlands Quarterly of Human Rights (NQHR) is a double-anonymized peer-reviewed journal that publishes the latest evolutions in the promotion and protection of human rights around the world. From 1 January 2023, the journal has gone completely open access! This means that authors will not have to pay a fee to publish with the journal, and nor will readers have to pay to read our articles. As you may find on the NQHR’s website, the journal welcomes articles of approximately 10,000 words addressing human rights law issues from an international perspective and also welcomes submissions that connect human rights to perspectives from international relations, history, political science, sociology, and anthropology. The NQHR Executive Board welcomes all submissions that engage with these themes. To upload your submission, please visit the NQHR author instructions and the journal’s submission site.
Thursday, March 9, 2023
Wednesday, March 8, 2023
- India as a ‘civilizational state’
- Emma Mawdsley, Introduction: India as a ‘civilizational state’
- Kate Sullivan de Estrada, What is a vishwaguru? Indian civilizational pedagogy as a transformative global imperative
- Jayati Srivastava, The narratives and aesthetics of the civilizational state in the ‘new’ India
- Shibashis Chatterjee & Udayan Das, India’s civilizational arguments in south Asia: from Nehruvianism to Hindutva
- Esra Elif Nartok, ‘Hindu civilization’ in business: the World Hindu Economic Forum’s intellectual project
- Rani Singh & Tim Winter, From Hinduism to Hindutva: civilizational internationalism and UNESCO
- Sebastian Haug & Supriya Roychoudhury, Civilizational exceptionalism in international affairs: making sense of Indian and Turkish claims
- Priya Chacko, Disciplining India: paternalism, neo-liberalism and Hindutva civilizationalism
- Louise Fawcett, The Iraq War 20 years on: towards a new regional architecture
- Oula Kadhum, Nation-destroying, emigration and Iraqi nationhood after the 2003 intervention
- Juliet Kaarbo, Kai Oppermann & Ryan K. Beasley, What if? Counterfactual Trump and the western response to the war in Ukraine
- Míla O’Sullivan & Kateřina Krulišová, Women, Peace and Security in central Europe: in between the western agenda and Russian imperialism
- Boaz Atzili & Min Jung Kim, Buffer zones and international rivalry: internal and external geographic separation mechanisms
- Duncan Depledge, Low-carbon warfare: climate change, net zero and military operations
- Julia Gurol, The authoritarian narrator: China’s power projection and its reception in the Gulf
- Fiona B. Adamson & Kelly M. Greenhill, Deal-making, diplomacy and transactional forced migration
- Yf Reykers, John Karlsrud, Malte Brosig, Stephanie C. Hofmann, Cristiana Maglia & Pernille Rieker, Ad hoc coalitions in global governance: short-notice, task- and time-specific cooperation
- Okechukwu C. Iheduru, The Catholic church and regional governance in west Africa
- Nicole Scicluna & Stefan Auer Europe’s constitutional unsettlement: testing the political limits of legal integration
- Thomas Peak, Halting genocide in a post-liberal international order: intervention, institutions and norms
- Daniel Fittante, Constructivist memory politics: Armenian genocide recognition in Latvia
- Fabian Simon Eichberger, Informal Communications to the International Court of Justice in Cases of Non-appearance
- Juan-Pablo Pérez-León-Acevedo, Compensation in Cases of Mass Atrocities at the International Court of Justice and the International Criminal Court
- René Figueredo Corrales, In the Pursuit of High Purposes: The International Court of Justice, Obligations Erga Omnes and the Prohibition of Genocide
- Jean-Baptiste Merlin, Unduly Indicated? Provisional Measures and Subsequent Adverse Findings at the International Court of Justice
- Kawser Ahmed, Will the ICJ Objectively Assess the Statehood of Palestine? A Brief Reflection
- Alexandre Tavadian & Clément Ducamin, Proliferation of Standards of Proof in International Administrative Tribunals
- Andreas Kulick, Meta’s Oversight Board and Beyond – Corporations as Interpreters and Adjudicators of International Human Rights
- Chen Yu, The “Externalities” of Joint Interpretations in Investment Arbitration: Learning from the Past
Tuesday, March 7, 2023
There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Monday, March 6, 2023
Sunday, March 5, 2023
- Richard G Allemann, Mind the settlement gap: a call for more effective judicialization of international commercial arbitration
- Abhisar Vidyarthi & Sikander Hyaat Khan, India: a late opening to the notion of international public policy?
- Tom Webster, Proposed basic timetables for expedited arbitration
- Recent Development
- Myron Phua & Serena Seo Yeon Lee, The applicability of Henderson v Henderson in an arbitration seated in England
War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them?
Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress.
Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.
Moreno Ocampo: War and Justice in the 21st Century: A Case Study on the International Criminal Court and its Interaction with the War on Terror
This is the inside story of the International Criminal Court, one of the most innovative international institutions, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo.
Moreno Ocampo received the unprecedented mandate to trigger the International Criminal Court's investigation into sovereign states in June 2003, just three months after the Iraq invasion. At the time, there were serious doubts about the ICC's viability. By 2012, the end of his tenure, the future of the ICC was no longer at risk. However, as Moreno Ocampo's experiences have shown, what was and still is up for debate is the Rome Statute's ability to "contribute to the prevention" of future crimes.
The implementation of the Rome Statute has coincided with the War on Terror. The international criminal justice system that protects the rights of victims and suspects clashes with the US policy authorizing the killing abroad of individuals considered enemy combatants. Legal designs are literally a matter of life or death.
This book examines a consequential blind spot: The War on Terror obstructed justice and promoted terrorism. The Iraq intervention produced the 'Islamic State', and after twenty years of occupation, the Taliban returned to power. The Afghanistan occupation has ended, but not so the War on Terror. Using drones and proxy forces to eliminate enemies in foreign countries has become the "new normal."
Arguing that there is no chaos, just complexity, Moreno Ocampo produces an interdisciplinary analysis of his decisions, describing a "fragmented" international legal system's operation and the relationships between legal and political decisions. This book aims to help new generations to manage violence with new ways of legal and political thinking./p>
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime.
Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.