Saturday, April 29, 2023

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 45, no. 2, May 2023) is out. Contents include:
  • Koldo Casla, The Right to Property Taking Economic, Social, and Cultural Rights Seriously
  • Caroline Dommen, Human Rights Economics
  • Zehra F. Kabasakal Arat & Shareen Hertel, Rights Beyond Words: Mapping Human Rights Scholar-Organization Partnerships
  • Andrew Fagan, Taking Class Seriously
  • Whitney K. Taylor, Judicial Agency and the Adjudication of Social Rights
  • Felix E. Torres, On Deserving Victims and the Undeserving Poor: Exploring the Scope of Distributive Justice in Transitional Justice Theory and Practice

Friday, April 28, 2023

Yackee: Transparency, Accountability, and Influence in the International Investment Law System

Jason W. Yackee (Univ. of Wisconsin - Law) has posted Transparency, Accountability, and Influence in the International Investment Law System. Here's the abstract:
Observers of the international investment law (IIL) system regularly complain about the system’s lack of transparency and accountability. Major reform efforts, both past and present, inevitably turn to “more transparency” as a solution to the system’s problems. But what does transparency mean, and why do we want more of it? In this article I draw upon an extensive interdisciplinary literature on transparency to argue that the IIL literature gets much about transparency wrong. I argue that transparency is primarily aimed at producing information that allows key system actors to exert influence over system outputs. And while transparency is often linked to accountability, I show that accountability, properly understood, is often lacking in the IIL system. I apply a system framework to highlight how increased transparency can have unexpected and perhaps undesirable effects on influence over system outputs. More transparency may, problematically, increase stress on the IIL system by diminishing the ability of states to influence system outputs.

Thursday, April 27, 2023

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 21, no. 1, March 2023) is out. Contents include:
  • Articles
    • Owiso Owiso, Obligations to ‘Strangers’: Reconceptualizing Cosmopolitanism as a Basis for Collective (Regional-level) Accountability for International Crimes
    • Karen Lønne Ring, The Evolution of the Procedure for Reviewing Victim Applications at the International Criminal Court
  • Symposium: Post-trial (In)Justice: Reflections on the Legacies and Impacts of Atrocity Crime Prosecutions
    • Barbora Holá, Róisín Mulgrew & Maja Munivrana, Foreword
    • Róisín, Terminal Illness and Compassionate Release: Lessons for the ICC from the UN Tribunals and National Jurisdictions
    • Barbora Holá & Maja Munivrana, There is Something Special about War Criminals . . . : Constructing and Assessing the Rehabilitation of War Criminals at the ICTY/IRMCT and in Croatia
    • Lina Strupinskienė, Life After Conviction at the International Criminal Tribunal for the former Yugoslavia: Mapping the Empirical Reality
    • Maarten P. Bolhuis & Joris van Wijk, The Aftermath of Dutch International Crimes Cases: Post-prosecution Scenarios for Nationals and Non-nationals
    • Cécile Lecolle, Relocation Issues of Released and Acquitted at International Criminal Courts and Tribunals: A Defence Perspective
    • Thijs B. Bouwknegt & Bart Nauta, A Cage Went in Search of a Bird: On the Politics of Condemnation, Compensation and Convalescence
  • National Prosecution of International Crimes: Legislation and Cases
    • Paolo Caroli, German Crimes and Italian Money? Observations on the Sad Saga of Compensation to the Victims of Nazi Atrocities in Italy

Wednesday, April 26, 2023

Call for Submissions: Trade, Law and Development

The journal Trade, Law and Development has issued a call for submissions for its Summer 2023 issue (Vol. 15, no. 1). This will be a special issue on “Sustainability and Inclusivity: Evolving Paradigms of the Global Economy.” The call is here. The deadline is May 8, 2023.

Gallen: Transitional Justice and the Historical Abuses of Church and State

James Gallen
(Dublin City Univ.) has published Transitional Justice and the Historical Abuses of Church and State (Cambridge Univ. Press 2023). Here's the abstract:
In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.

Call for Papers: War and Peace in the 21st Century - The Fate of Human Rights

A call for papers has been issued for a conference on "War and Peace in the 21st Century - The Fate of Human Rights," to be held September 29-30, 2023, in Budapest. The call is here.

Kick-Off Event: Project on "The EU as Actor in International Investment Law"

On April 28, 2023, the project on "The EU as Actor in International Investment Law" will hold its kick-off event in Torino. Details are here.

Esterling: The Journey Home: The Repatriation of the Maaso Kova

Shea Esterling (Univ. of Canterbury - Law) has posted an ASIL Insight on The Journey Home: The Repatriation of the Maaso Kova.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 37, no. 1, Spring 2023) is out. Contents include:
  • Symposium: Nuclear Ethics Revisited
    • The Editors, Introduction: The Continuing Relevance of Nuclear Ethics
    • Joseph S. Nye, Jr., Nuclear Ethics Revisited
    • Scott D. Sagan, Just and Unjust Nuclear Deterrence
    • Sharon K. Weiner, The Ethics of Choosing Deterrence
    • Joan Rohlfing, The Myth of “Just” Nuclear Deterrence: Time for a New Strategy to Protect Humanity from Existential Nuclear Risk
  • Feature
    • Adam Branch & Liana Minkova, Ecocide, the Anthropocene, and the International Criminal Court
  • Review Essay
    • Nick Bernards, Can Technology Democratize Finance?

Tuesday, April 25, 2023

New Journal: Chinese Journal of Transnational Law

The Wuhan University Institute of International Law, in partnership with SAGE, has announced the launch of the Chinese Journal of Transnational Law. Here's the description:

The Chinese Journal of Transnational Law (CJTL) is a double-blind peer-reviewed journal that aims to address global challenges from the perspective of transnational law, which is broadly defined to cover international law (public and private), international economic law, comparative law, the interaction between domestic and international law, and any other legal field possessing a cross-border element. It embraces relevant submissions from different cultures and regions and attracts readers from the global, regional and Chinese markets and it is open to not only traditional doctrinal and theoretical legal research on transnational law, but also contextual and inter-disciplinary research. Although focused on contemporary matters in its aspiration to be a forum for the latest debates on transnational legal studies, it also considers submissions inspired by in-depth historical perspectives that cast new light on present developments.

The CJTL covers broad topics including but not limited to:

  • Innovative transnational dispute resolution, including both state-to-state and private dispute resolution mechanisms and the impact of culture, psychology, language and geopolitics on dispute resolution;
  • Transnational trade, investment and economic governance;
  • Transnational family law and the wellbeing of children, including surrogacy, child abduction and same sex marriage in the cross-border context;
  • Transnational regulation of technology;
  • Transnational corporate responsibility and governance;
  • Transnational protection of private rights in tort and transactions;
  • Transnational law and development;
  • Transnational law and global health governance;
  • Transnational environment protection and climate change;
  • Transnational criminal law;
  • Unilateral sanctions, extraterritorial regulations and blocking law.
The Chinese Journal of Transnational Law accepts submissions year round on any topic covered in the journal scope. The CJTL also publishes special issues / sections on special themes. A call for the first special issue/ section will be announced soon. You can submit your research and find more information about the Chinese Journal of Transnational Law including about the members of its international editorial and scientific advisory boards, and read its inaugural editorial "Who is Afraid of Transnational Law Journals?": here.

Call for Contributions: Edited volume on "The Laws and Customs of Colonial War"

The editors of the forthcoming volume on "The Laws and Customs of Colonial War" have issued the following call for contributions:

Following an author workshop held in London in February, we are inviting 2-3 additional contributions for an edited volume on The Laws and Customs of Colonial War.

The past few decades have firmly demonstrated the centrality of empire and colonialism to the advent and expansion of modern international law. Still, and notwithstanding the growing scholarly interest in the history of the laws of war or the genealogy of asymmetrical warfare, historical works on the law governing colonial warfare remain few and far between. Our understanding of the origins of modern day ‘international humanitarian law’ remains, accordingly, framed in Eurocentric terms—reinforced by the use of that very moniker. And so, while a growing body of works points to the legal nexus between state-making and war-making, the relations between international law-making, empire-making, and colonial violence remains severely under-explored.

To address these lacunae, we invite scholars interested in the history of colonial warfare and international law to submit an abstract for additional chapters to be included in the edited volume. We are particularly interested in involving early-career scholars, scholars from former colonised societies and the Global South, as well as from non-legal disciplines in order to include a broad variety of perspectives on the topic. Chapters might address, for example, one or more of the following themes:

  • Colonial war as a legal phenomenon, category, and idea
  • Colonial war and the advent of the modern laws of war
  • The legal regulation of colonial war
  • Otherness, inclusion and exclusion in colonial wars
  • Subjecthood, agency, and status
  • Subaltern voices and perspectives
  • The use of force
  • Colonial war, international institutions, and governance
  • Knowledge and power in colonial wars
  • Colonial war and the Red Cross
  • Case studies and comparative inquiries
  • The circulation and migration of norms and wartime practices
  • Extermination, genocide, atrocity, and accountability
  • Continuity, persistence, and legacies of colonial war
  • Colonial war and decolonization
  • Colonial war and contemporary violence
Interested scholars are asked to send a 300-400 word abstract, by 20 May 2023, to vonbernstorff@jura.uni-tuebingen.de and/or Rotem.Giladi@roehampton.ac.uk. Oxford University Press has already expressed preliminary interest in the edited volume. Should you have any inquiries, please do not hesitate to contact either one of us.

New Issue: Cooperation and Conflict

The latest issue of Cooperation and Conflict (Vol. 58, no. 2, June 2023) is out. Contents include:
  • Jan Teorell, Rules of recognition? Explaining diplomatic representation since the Congress of Vienna
  • Nerve V. Macaspac, Spatialities of peace zones
  • Jamie Pring, The other side of resistance: Challenges to inclusivity within civil society and the limits of international peace mediation
  • José A Gutiérrez & Emma Murphy, The unspoken red-line in Colombia: Gender reordering of women ex-combatants and the transformative peace agenda
  • Mariam Salehi, A processual framework for analysing liberal policy interventions in conflict contexts
  • Juan E Ugarriza, Diana C Acuña, & Monica A Salazar, Better not talk? A mixed-methods experimental analysis of avoiding sensitive issues in post-conflict settings

Call for Papers: Frames of European Human Rights: How are climate change, migration, and authoritarianism framed within the Council of Europe?

A call for papers has been issued for a workshop on "Frames of European Human Rights: How are climate change, migration, and authoritarianism framed within the Council of Europe?," to be held November 16-17, 2023, at the Hertie School. The call is here.

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 27, no. 4, 2023) is out. Contents include:
  • Rupert Knox, Mobilising and constraining: the dynamics of human rights discourse in two Mexican social movements
  • E. Hoddy & J. Gray, Human rights leadership in challenging times: an agenda for research and practice
  • Sonia Boulos & MariaCaterina La Barbera, Obstacles to and opportunities for protecting human rights at the city level: The case of Madrid City Council Human Rights Plan (2017–2019)
  • Yi-Li Lee & Wen-Chen Chang, A contextual analysis of the evolution of transitional justice: the story of Taiwan
  • Piotr Godzisz & Richard C. M. Mole, To Geneva and back: externalising anti-LGBT hate crime as a policy issue
  • Engin Yıldırım, Collective labour rights and the Turkish constitutional court
  • Erdal Şahin, Applicability of the right to free elections clause of the ECHR to presidential elections: the case of Turkey's new presidential system
  • Oly Viana Agustine, Susi Dwi Harijanti, Indra Perwira & Widati Wulandari, Constitutional review of criminal norms: does Indonesia need judicial activism?

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 92, no. 1, 2023) is out. Contents include:
  • Special Issue: Artificial Intelligence, Decision Making and International Law
    • Matilda Arvidsson & Gregor Noll, Artificial Intelligence, Decision Making and International Law
    • John D. Haskell, International Law as a Cyborg Science
    • Geoff Gordon, International Institutions and Information Technologies: Transformations for a Higher Order System
    • Matilda Arvidsson & Gregor Noll, Decision Making in Asylum Law and Machine Learning: Autoethnographic Lessons Learned on Data Wrangling and Human Discretion
    • Markus Gunneflo & Gregor Noll, Technologies of Decision Support and Proportionality in International Humanitarian Law
    • Leila Brännström, Global Inequality and the EU International Law Position on Cross-Border Data Flows
    • Outi Korhonen, Merima Bruncevic, & Matilda Arvidsson, Subjecthood in Cyberspace and the Uncanny Valley of International Law

Monday, April 24, 2023

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 25, no. 2, 2023) is out. Contents include:
  • Elisa Ruozzi, Immunities and Criminal Proceedings: The Long and Winding Road taken by the ICJ from immunity Ratione Personae to the inviolability of embassy premises (and the way back)
  • Muyiwa Adigun, International Criminal Justice: TWAIL and the Rome Statute Complementarity Principle
  • Alexandre Skander Galand, Victims’ Right to Justice, Immunities and New Avenues for International Criminal Justice
  • Constantinos Yiallourides, The Legal Duty of States to Cooperate in the Fight Against Pandemic Disease under the International Health Regulations

New Issue: Asian Journal of WTO & International Health Law and Policy

The latest issue of the Asian Journal of WTO & International Health Law and Policy (Vol. 18, no. 1, 2023) is out. Contents include:
  • Yan Cai, Yu Gao, Dongxu Yang & Eunmi Kim, Determinants of Antidumping Policy: Interests, Interactions, and Institutions
  • Xin Wang, Decoupling Trade and Cybersecurity: A Way to Recalibration?
  • Xinyue Li, A Parallel Narrative: Pluralistic Reconciliation Through Quantizing Geoeconomics in (Cyber)security Governance in International Economic Law
  • Qian Yin, Compulsory Licenses for Pharmaceutical Patents in China in Light of the TRIPS Agreement
  • Keer Huang, Between Old and New: Rethinking Modernization of China’s IIA Regime
  • Yaoyuan Zhang, The Revival of Spectre: Voluntary Import Expansions and the WTO Compatibility

New Issue: European Convention on Human Rights Law Review

The latest issue of the European Convention on Human Rights Law Review (Vol. 4, no. 1, 2023) is out. Contents include:
  • Kanstantsin Dzehtsiarou, Between a Rock and a Hard Place: The Role of the President of the European Court of Human Rights
  • Robert Spano, Primus Inter Pares, but More Pares than Primus! – Recollections of a Former President of the European Court of Human Rights
  • Mathieu Leloup, Not Just a Simple Civil Servant: The Right of Access to a Court of Judges in the Recent Case Law of the ECtHR
  • Alessio Sardo, Hate Speech: A Pragmatic Assessment of the European Court of Human Rights’ Jurisprudence

Workshop: The European Union and the Interpretation of Customary International Law

On April 28, 2023, EUDIPLO & TRICI-Law will host a workshop, in the hybrid format, on "The European Union and the Interpretation of Customary International Law," at the University of Groningen. Details are here.

New Volume: Yearbook of International Environmental Law

The latest volume of the Yearbook of International Environmental Law (Vol. 32, 2021) is out. Contents include:
  • Article
    • Pau de Vilchez & Annalisa Savaresi, The Right to a Healthy Environment and Climate Litigation: A Game Changer?

Call for Papers: Non-State Actors in International Law

A call for papers has been issued for the 2023 BIICL/SLS Workshop, which will take palce on November 20. The topic is: "Non-State Actors in International Law." The call is here.

Sunday, April 23, 2023

New Volume: Yearbook of International Disaster Law

The latest volume of the Yearbook of International Disaster Law (Vol. 4, 2021) is out. Contents include:
  • Thematic Section: Regionalisation and Localisation of International Disaster Law
    • YIDL Dialogues with Practitioners - Ms Adelina Kamal – Former Executive Director of the ASEAN Coordinating Centre for Humanitarian Assistance (AHA Centre) - A Dialogue with Tommaso Natoli and Dug Cubie
    • Christy Shucksmith-Wesley & Nigel D. White, Regionalism and Disaster Law 
    • Stefan Kirchner & Federica Cristani, International Disaster Risk Reduction and Response Law Made in the Arctic 
    • Federico Casolari, The EU Approach towards Disaster Management: A Critical Appraisal in the Light of the Action Put in Place to Face the COVID-19 Pandemic 
    • Susanna Villani, Perspectives of Solidarity within the EU Legal Order in the Time of the Covid-19 Pandemic 
    • Jeanique Andrea De Sousa Serradinho, Stella Njeri Ngugi & Reece Da Costa, Legal Preparedness for International Disaster Assistance in the SADC Region: An Analysis of the Incorporation of International Disaster Response Laws, Rules and Principles (IDRL) in Domestic Disaster Risk Management Legal and Policy Frameworks
    • Priyanka Vaidyanath & Chhaya Bhardwaj, SAARC Regional Disaster Law Need for Progressive Development 
    • W. John Hopkins, Tommaso Natoli & Leanne Avila, ‘As the Island Choirs Gather’: Tracing a Regional Approach to Disaster and Climate Resilience in Pacific Island Countries 
    • Luke Potter, The Relevance of International Disaster Law Frameworks to a Pacific Island State: Insights on Localized DDR Governance from Palau 
    • Riccardo Luporini, Strategic Litigation at the Domestic and International Levels as a Tool to Advance Climate Change Adaptation? Challenges and Prospects 
    • Karen C. Sokol, Forging Global Rule of Law through Climate Litigation against the United States and the Fossil Fuel Industry
  • General Section
    • Bruce Burson, Walter Kälin & Jane McAdam, Statehood, Human Rights and Sea-Level Rise: A Response to the International Law Commission’s Second Issues Paper on Sea-Level Rise in Relation to International Law 
    • Malgosia Fitzmaurice & Agnes Viktoria Rydberg, Using International Law to Address the Effects of Climate Change: A Matter for the International Court of Justice? 
    • José E. Alvarez, The WHO’s Mixed Human Rights Messages 
    • Ginevra Le Moli, One Health and the Prevention of Pathogens’ Spillover 
    • Adam Strobeyko & Gian Luca Burci, Towards Integrated Early Warning Systems: Review of Disaster Risk Reduction and One Health Approaches in Light of Pandemic Treaty Negotiations 
    • Rosemary Lyster, The Glasgow Climate Pact: Is It All Just ‘Blah, Blah, Blah?’ 
    • Annalisa Savaresi, UN Human Rights Bodies and the UN Special Rapporteur on Human Rights and Climate Change: All Hands on Deck 
    • Michał Balcerzak, The Racial Dimension of Disasters through the Prism of International Law 
    • Kris Gledhill & Natalie Baird, Ensuring a Disability Perspective in Disaster Law The Contribution of the Committee on the Rights of Persons with Disabilities