- Susan Kang, Jonathan Havercroft, Jacob Eisler, Antje Wiener, & Jo Shaw, Climate change and the challenge to liberalism
- Clemens M Rieder, The social question and the transnational constitutional space
- Eman Muhammad Rashwan, The ugly truth behind transitional justice in the post-revolution phase: A constitutional law and economics analysis
- Alain Zysset, International crimes through the lens of global constitutionalism
- Alon Harel & Adam Shinar, Two concepts of constitutional legitimacy
- Michael Da Silva, Legal doctrine as human rights ‘practice’
- Kelty McKerracher, Relational legal pluralism and Indigenous legal orders in Canada
- Aspirational and representative constitutional identity in Africa Jan Erk
- Lilach Litor, Collective labour rights of police officers: Global labour constitutionalism and militaristic labour constitutionalism
Saturday, March 25, 2023
- Keren Yarhi-Milo & David T. Ribar, Who Punishes Leaders for Lying About the Use of Force? Evaluating The Microfoundations of Domestic Deception Costs
- Janina Dill, Scott D. Sagan, & Benjamin Valentino, Inconstant Care: Public Attitudes Towards Force Protection and Civilian Casualties in the United States, United Kingdom, and Israel
- Jesse C Johnson & Scott Wolford, Alliance Reliability and Dispute Escalation
- Virginia Page Fortna, Is Terrorism Really a Weapon of the Weak? Debunking the Conventional Wisdom
- Pearce Edwards & Patrick Pierson, Incumbent-Aligned Terrorism and Voting Behavior: Evidence from Argentina’s 1973 Elections
- Camilo Nieto-Matiz, Land and State Capacity During Civil Wars: How Land-Based Coalitions Undermine Property Taxation in Colombia
- Jori Breslawski, Can Rebels Bolster Trust in the Government? Evidence from the Philippines
- Data Set Feature
- Sidita Kushi & Monica Duffy Toft, Introducing the Military Intervention Project: A New Dataset on US Military Interventions, 1776–2019
- Emanuele Cimiotta, Può la giustizia penale internazionale davvero contribuire alla pace in Ucraina?
- Claudia Cantone, La giurisdizione penale universale nel diritto internazionale e il ‘modello italiano’ tra presente e futuro
- La risoluzione dell’Institut de Droit International su Human Rights and Private International Law
- Chiara Enrica Tuo, Art. 7 e 8 della risoluzione dell’Institut de Droit international su Human Rights and Private International Law: le norme di conflitto alla prova del principio di non-discriminazione
- Pietro Franzina, Art. 9 della risoluzione dell’Institut de Droit International su Human Rights and Private International Law: la capacità delle persone
- Giulia Rossolillo, Art. 10 della risoluzione dell’Institut de droit international su Human Rights and Private International Law: la continuità degli status come garanzia del rispetto della vita privata e familiare
- Giulia Rossolillo, Art. 11 della risoluzione dell’Institut de droit international su Human Rights and Private International Law: riconoscimento del nome e tutela dell’identità personale
- Giampaolo Maria Ruotolo, Art. 12 della Risoluzione dell’Institut de droit international su Human Rights and Private International Law: il diritto alla registrazione alla nascita e alla documentazione dell’identità
- Francesco Pesce, Art. 13 della risoluzione dell’Institut de Droit International su Human Rights and Private International Law: il matrimonio fondato sul consenso (pieno e libero) dei nubendi
- Ornella Feraci, Art. 14 della risoluzione dell’Institut de Droit International su Human Rights and Private International Law: la circolazione transfrontaliera del rapporto di filiazioneil diritto all’equo processo
- Sara De Vido, Verso un «test» di dovuta diligenza sensibile al genere nei casi di violenza domestica? Sulla recente giurisprudenza della Corte europea dei diritti umani
- Marco Fisicaro, Safeguarding Judicial Independence (and Subsidiarity) Through Interim Measures: The New ECtHR’s Strategy at the Height of the Polish Constitutional Crisis
- Ludovica Poli, La sentenza della Corte Suprema statunitense in Dobbs v. Jackson: un judicial restraint che viola i diritti fondamentali delle donne/li>
- Alberta Fabbricotti, Trasmissione del cognome ai figli e dialogo fra Corti: la sentenza n. 131/2022 della Corte costituzionale
- Rachele Marconi, Tutela dei diritti sessuali e riproduttivi nell’attuale conflitto in Ucraina: l’accesso all’interruzione di gravidanza
- Laura Di Gianfrancesco, Pushback Practices and the Prohibition of Collective Expulsion of Aliens before the ECtHR: One Step Forward, Two Steps Back
Call for Papers: Persistent imbalances in international trade and the prospects for sustainable development: Focus on the developing countries
Mancur Olson claimed that concentrated interests win against diffuse interests even in advanced democracies. Multinational companies, for example, work well in unison to suit their interests. The rest of the public is not motivated or informed enough to resist them. In contrast, other scholars argued that diffuse interests may be able to fight back, but only when certain conditions prevail. One of the conditions for the success of diffuse interests is the intervention of national and international courts. Courts are able to fix problems affecting diffuse interests. Courts can also initiate deliberation that can indirectly empower diffuse interests by getting them informed. This paper investigates the jurisprudence of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). It argues that these international courts help consumers, a diffuse interest group, to succeed in their struggle against internet companies, a concentrated interest group.
The Editorial Board of the Cambridge International Law Journal is pleased to invite submissions for Volume 12(2) to be published in December 2023 on the theme ‘Language in International Law’.
The Board welcomes articles (6,000–12,000 words, inclusive of footnotes) and case notes that engage with current themes in international law, as well as book reviews on recently published works.
This issue will build upon the 12th Annual Cambridge International Law Conference (24–25 April 2023), but is open to submissions from all authors including those who are not presenting or participating in the Conference.
Language is essential to international law. International law terms and phrases are regularly invoked to specific ends, extending their operation beyond legal rules to a form of discourse: states initiate military operations using the justifications of ‘genocide’ prevention, ‘humanitarian’ aid, and the ‘responsibility to protect’; claim ‘discrimination’ in trade; and operationalise the language of ‘sovereignty’ to avoid obligations. While the multilingual translation and interpretation of legal texts is essential to the practice of law, exact semantic transposition of concepts is often unattainable, and undermines both participation in, and the efficacy of, international law. Language itself is pertinent to the expression of identity and can render groups vulnerable to discrimination and exclusion from the public sphere. Big data has become a new language in international law, heavily relied on in international efforts to prevent crime, and as a basis for regulation. Altogether, language remains the often unacknowledged core of international law, relevant not only to treaty interpretation but to the understanding of the discipline as a whole. We invite contributions on any aspect of this broad theme.
All submissions are subject to double-blind peer review. The Journal's Editorial Board reviews all pieces, and select articles are sent to the Academic Review Board, which consists of distinguished international law scholars and practitioners. Submissions can be made at any time. Articles submitted by 12 May 2023 will be considered for Volume 12 Issue 2.
For full submission instructions, please visit www.elgaronline.com/cilj.
Submissions may be made for Volume 12(2) here.
Alternatively, blog articles, assessed on a rolling basis, may be submitted here.
Further information can be obtained from the Editors-in-Chief at firstname.lastname@example.org.
Rebecca Brown and Alina Papanastasiou
Editors-in-Chief for Cambridge International Law Journal (Volume 12)
Extractivism, as an organising concept of our times, turns on appropriation, non-reciprocity, depletion, and subjugation. Its ideology and practices are entwined with the histories and legacies of colonialism and imperialism, as well as the entrenched operations and politics of capitalism across time and space. Extractivism has produced a racialised global political economy, characterised by the removal of raw materials from the Global South for processing and consumption in the Global North, reproducing relations of dependency, unequal development and uneven accumulation. An understanding of increasingly intense struggles between states, transnational corporations and local communities over land and place demands an understanding of the dynamics that have shaped the global extractivist economy.
This workshop brings together established and emerging scholars to explore the relationship between law and extractivism in the Anthropocene, a moment of reckoning for human hubris and epistemological hegemony. Taking the dominant definition of extractivism as our point of departure, which affirms a non-reciprocal and hierarchised relation between life and nonlife, human and nonhuman, we invite presentations on the following themes:
Participants are invited to submit an abstract by Friday 31 March 2023. Please submit an abstract (no more than 300 words) and a short bio here. We aim to notify all applicants by 14 April 2023. We ask that accepted participants share a draft of their paper (4000-5000 words) by 9 July 2023, and we aim to explore publication options in an edited collection or journal special issue. Please contact Martin.Clark@latrobe.edu.au with any questions or queries.
- Critical historical accounts of how laws facilitate resource extraction, including how such laws are globalised and enabled by institutional practices.
- Theorisation of how such laws are authorised by specific representational practices, knowledges and assumptions and a presumed distinction between life and nonlife.
- Examinations of the relationship between extractivism and legal regimes in international and comparative perspective, such as property, patents, contract, international economic law.
- Examinations of connections between law and social movements in resistance to extraction and/or repair of its harm.
- Explorations of transformation practices and institutions for a non-extractivist legal order and key legal reforms to reorient current dynamics of appropriation and control toward more sustainable and equitable approaches to sharing the Earth’s resources.
Limited financial assistance may be available upon request, and priority will be given to casual academic workers and scholars working in the Global South.
Organised by Kathleen Birrell, Martin Clark and Julia Dehm
Thursday, March 23, 2023
- Special Issue: COP26
- Phillip Paiement, Emily Webster & Rosanna Anderson, After COP26: Appraising the transnational climate regime
- Natalie Jones, A just transition for essential workers? Workers and climate policy at and after COP 26
- Karen Morrow, Cop26 and beyond: participation and gender – more of the same?
- Tomaso Ferrando, COP26 as the convergence of the corporate food-climate agendas
- Ana Mosneaga & Carolien Jacobs, Understanding human mobility in the global climate regime through a translocal lens
- Nicolás M. Perrone & Nicole Selamé Glena, Technology transfer and climate change: a transnational law analysis
- Stephen Minas, Market making for the planet: the Paris Agreement Article 6 decisions and transnational carbon markets*
- Rosanna Anderson, Non-market mechanisms under article 6.8 of the Paris Agreement: a transnational perspective
- Melanie Jean Murcott, A just COP26 outcome for South Africa?
- Myriam Gicquello, The failures of COP26: using group psychology and dynamics to scale up the adoption of climate mitigation and adaptation measures
- Michael Lane, The Universal Periodic Review: A Catalyst for Domestic Mobilisation
- Fanny Holm, Successful Human Rights Implementation? Victims of Crime and the Swedish Example
- Yusra Suedi, Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v Argentina et al.: Breaking New Ground?
- Elvis Fokala, The Adverse Effect of Immigration Laws on a Migrant Child’s Right to Family Life: A Reminder of the South African Nandutu Case
In 1976, two people’s tribunals took place which considered issues relating to non-normative sexuality. ‘People’s tribunals’ are civil society initiatives that assert a popular jurisdiction which operates outside of both the state and international institutions. In Brussels, there was the International Tribunal on Crimes against Women, which treated ‘compulsory heterosexuality’ as a crime. On the other side of the world, in Sydney, there was the Tribunal on Homosexuals and Discrimination. These people’s tribunals are sometimes treated as forerunners to later developments relating to lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in international law. In this paper, by contrast, I engage in a queer reading of the Brussels and Sydney Tribunals, whereby I consider how the legal framings and procedures adopted by the two tribunals diverged from the LGBTI rights framework that would later develop. In doing so, my aim is to shine a light on alternative, queerer legal possibilities, as well as to open up a conversation about using people’s tribunals as a mode of queer activism into the future.
- Franco Andrés Melchiori, El transhumanismo, las nuevas tecnologías y el derecho a la integridad física
- Erman Tejeda, Derechos y autoridad: ¿Qué autoridad se encuentra legitimada para especificar los derechos?
- Camila Brugnoni, Las mujeres en el poder judicial argentino: Testimonios sobre vivencias, desafíos y liderazgo
- Ramiro Álvarez Ugarte, Esperanza y desilusión en el momento constitucional chileno: Reseña de Social Rights and the Constitutional Moment. Learning from Chile and International Experiences
Wednesday, March 22, 2023
- Marika Sosnowski, Fear and Violence, Loyalty and Treason: Settlement of Status in Syria
- Mary Beth Altier & John V Kane, Framing States: Unitary Actor Language and Public Support for Coercive Foreign Policy
- Avinash Paliwal & Paul Staniland, Strategy, Secrecy, and External Support for Insurgent Groups
- Scott Wolford, Great Power Intervention and War
- Jieun Lee, Foreign Direct Investment in Political Influence
- Carolina Moehlecke, Calvin Thrall, & Rachel L Wellhausen, Global Value Chains as a Constraint on Sovereignty: Evidence from Investor–State Dispute Settlement
- Joshua Byun & Austin Carson, More than a Number: Aging Leaders in International Politics
- Aaron McKeil, Order without Victory: International Order Theory Before and After Liberal Hegemony
- Thomas R Gray & Daniel S Smith, Lineage or Legions? Explaining Imperial Rule Duration in the Roman Empire
- Columba Achilleos-Sarll, The (Dis-)Appearance of Race in the United Kingdom’s Institutionalization and Implementation of the Women, Peace and Security Agenda
- Benjamin Tallis, The Art of Brexit
- Justin S Casey & Lucas Dolan, Ideological Topography in World Politics: A Guide to the End of the Unipolar-Homogeneous Moment
- Risa Kitagawa, From Political Violence to Political Trust? How Transitional Justice Affects Citizen Views of Government
- Jacklyn Majnemer & Gustav Meibauer, Names from Nowhere? Fictitious Country Names in Survey Vignettes Affect Experimental Results
- Benjamin Klasche & Birgit Poopuu, What Relations Matter?
- Adam B Lerner, Harnessing Intuition and Disciplining Abstraction: Thought Experiments in International Relations
The rise of international criminal law (ICL) has undoubtedly contributed to the development and enforcement of international humanitarian law (IHL). Yet, there are also important and oft-overlooked ways in which it has done the opposite. By labeling certain violations of the laws of war as “criminal” and setting up dedicated mechanisms for prosecution and punishment of offenders, the content, practice, and logic of ICL are displacing those of IHL. With its doctrinal precision, elaborate institutions, and the seemingly irresistible claim of political and moral priority, ICL is overshadowing the more diffuse, less institutionalized, and more difficult to enforce IHL.
But if ICL becomes the dominant lens through which battlefield activity is measured, it is not merely intellectually unsatisfying; it poses a serious risk to the attainment of the very same humanitarian values that ICL seeks to protect. Consider the fact that in many wars fought today, the majority of civilian deaths and injuries does not result from acts that could be classified as war crimes, but from the more “mundane” choices of means and methods of warfare that at most would lend themselves to IHL scrutiny.
Rather than diminishing the importance of ICL, this article calls for more attention to the ways in which ICL is impacting IHL as well as for a stronger commitment by States to the application and enforcement of IHL for its own sake.
- Maria Perrotta Berlin, Raj M. Desai, & Anders Olofsgård, Trading favors? UN Security Council membership and subnational favoritism in aid recipients
- Simon Hartmann & Rok Spruk, The impact of unilateral BIT terminations on FDI: Quasi-experimental evidence from India
- Ben Cormier, Chinese or western finance? Transparency, official credit flows, and the international political economy of development
- Federica Genovese, Richard J. McAlexander, & Johannes Urpelainen, Institutional roots of international alliances: Party groupings and position similarity at global climate negotiations
- Tuuli-Anna Huikuri, Constraints and incentives in the investment regime: How bargaining power shapes BIT reform
- Agustín Goenaga, Oriol Sabaté, & Jan Teorell, The state does not live by warfare alone: War and revenue in the long nineteenth century
- Martin Jarrett, The international validity of domestic law in investment-treaty arbitration
- Tamar Meshel, Enforcing international arbitral subpoenas in the United States
- Alfred Lewis, The Balder effect: conditional arbitrability’s threat to the New York convention
- Darius Chan & Justin Lai, Two decades after Salini v Morocco: the case for retaining the Salini test with modifications
- Jian’an Wu, Shicong Qin & Xuetong Wang, The issuance and enforcement of interim measures in international arbitration under Chinese law
- Case Notes
- Miquel Mirambell Fargas, Choosing Spanish arbitration law to apply the group of companies doctrine
- Vijayendra Pratap Singh, Abhijnan Jha & Abhisar Vidyarthi, India’s tryst with the group of companies doctrine: the end or the beginning of a new dawn?
- Recent Development
- Błażej Kuźniacki & Stef van Weeghel, Cairn Energy: when retroactive taxation not justified by prevention of tax avoidance is unfair and inequitable
Tuesday, March 21, 2023
- Laurel E. Fletcher, Power and the International Human Rights Imaginary: A Critique of Practice
- Federica D’Alessandra & Shannon Raj Singh, Operationalizing Obligations to Prevent Mass Atrocities: Proposing Atrocity Impact Assessments as Due Diligence Best Practice
- Maaike Matelski, Rachel Dijkstra, & Brianne McGonigle Leyh, Multi-Layered Civil Society Documentation of Human Rights Violations in Myanmar: The Potential for Accountability and Truth-Telling
- Mareike Meis, Civil-Resistance Videography as Human Rights Practice: The Non-Survivor Testimony and the Striving for Criminal Jurisdiction in Syria and Beyond
- Bonny Ibhawoh, Sheryl Reimer-Kirkham, Ikponwosa Ero, Innocentia Mgijima-Konopi, Lori Beaman, Perpetua Senkoro, Barbara Astle, Emma Strobell, & Elvis Imafidon, Shifting Wrongs to Rights: Lessons in Human Rights from the Situation of Mothers Impacted by Albinism in Africa
- Delia Ferri, Ann Leahy, Neža Šubic, & Léa Urzel, Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives
- Jody Harris, Sarah Gibbons, O’Brien Kaaba,Tabitha Hrynick, & Ruth Stirton, A ‘Right to Nutrition’ in its Social, Legal, and Political Context: How International Human Rights Translate to Zambian Realities
- Thalia Viveros-Uehara, The Right to Water and Vulnerable Populations: Whose Voices are Heard in the UN CESCR Monitoring Mechanism?
- Michael Lane, The UK Joint Committee on Human Rights and the United Nations Universal Periodic Review: A Critical Appraisal
- Eszter Kirs, The Impact of the Universal Periodic Review and the State Reporting Procedure of UN Treaty Bodies on the Prosecution of Hate Crimes: The Hungarian Experience
- Quoc-Tan-Trung Nguyen, Thi-Hong-Ninh Bui, & Hong-Thanh Phung, Human Right Concerns in Vietnam’s Cybersecurity Law: From International Discourse to a Comparative Perspective
- Abdul Kalam Azad, Divya Nadkarni, & Joske G. F. Bunders-Aelen, Beyond Resistance, Beyond Assimilation: Reimagining Citizenship through Poetry
- Michael Drewett, ‘I Will Do What I Can Do’: Peter Gabriel and the Documentation of Human Rights
- Ergün Cakal, Cruelty and Corpo-reality: Connecting Technologies and Practices Integral to the Infliction and Investigation of Torture
- Ahmed Almutawa & Clive Walker, Citizenship as a Privilege and the Weakness of International Law: The Consequences for Citizenship Deprivation in Bahrain and the UK
- Malliga Och, More Than Just Moral Urbanism? The Incorporation of CEDAW Principles into Local Governance Structures in the United States
- Sindiso Mnisi Weeks, Gillian MacNaughton, Matthew Annunziato, Esther Kamau, Shahrzad Sajadi, & Prisca Tarimo, Learning by Doing: Lessons from the Graduate Students in the Boston Human Rights City Pilot Project
- Nastassja White, Nicolas Agostini, Memory Bandera, Joseph Bikanda, Francesca Grandolfo, Janvier Hakizimana, Estella Kabachwezi, Tabitha Netuwa, Leon Nsiku, & Hassan Shire, Open the Doors: Towards Complete Freedom of Movement for Human Rights Defenders in Exile in Uganda
- Lena S. Opfermann, Ethics as a Moral Duty: Proposing an Integrated Ethics Framework for Migration Research
- Agata Rudnicka, Human Rights Issues—A Still Neglected Managerial Area in Supply Chains? Study Results of Socially Responsible Companies from Poland
- Klaus Peter Berger, Contractual Arbitration Clauses and Non-Contractual Claims
- Lee Carroll, What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties?
- Yves Herinckx, Enforcement of Awards v. Enforcement of Judgments in the EU: Arbitration Must Catch Up
- Thomas Dillon, The Human Right of Freedom of Expression in Investor-State Arbitration
- Rodrigo Barradas & Jorge Vázquez, Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes
Monday, March 20, 2023
Dias & Heffes: New Typologies of Non-International Armed Conflict? An Analysis of Article 8(2)(f) of the Rome Statute
Currently, international law refers to two different conventional legal sources in order to deal with the existence of a non–international armed conflict: Common Article 3 to the Geneva Conventions of 1949, and Article 1 of the 1977 Additional Protocol II. Yet, with the adoption of the Rome Statute of the International Criminal Court (ICC Statute), it was also recognized that certain war crimes could be committed during ‘armed conflicts not of an international character’. Article 8(2)(c) and (e) grants the ICC with jurisdiction ratione materiae where serious violations of Common Article 3 and other serious violations of the laws and customs applicable in internal armed conflicts may have been committed. While the ICC Statute does not provide a more precise definition of the armed conflict in Article 8(2)(c), i.e. when serious violations of Common Article 3 may occur, it elucidates a definition in the case of serious violations of the laws and customs of war. The objective of this chapter is to clarify the threshold needed for the application of Article 8(2)(e) by focusing on the meaning of this provision. In doing so, it examines if indeed there are only as found in Common Article 3 and the 1977 Additional Protocol II, or if there is a third one included in the ICC Statute.