Saturday, June 3, 2023

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 14, no. 1, 2023) is out. Contents include:
  • Alison Duxbury, Connecting Scholarship and Practice in International Humanitarian Law: A Tribute to Professor Bruce Oswald CSC
  • Christopher Greenwood, The Practical Reality and Efficacy of International Humanitarian Law: Some Reflections
  • Helen Durham & Anne Quintin, At the Crossroads: Multi-Stakeholder and Multi-Disciplinary Approaches in the Application of IHL
  • Sean D. Murphy & Yuri Parkhomenko, Now You See Them, Now You Don’t: Court-Appointed Experts, Wartime Reparations, and the DRC v Uganda Case
  • Rob McLaughlin, Rules of Engagement and the Situation of Individual Self-Defence: Applicable Law and Coherence with Operational Context
  • Emma Lush, The View through a Different Lens: Increasing Respect for International Humanitarian Law through the Use of the International Human Rights Law Framework
  • Steven van de Put, Ex Gratia Payments and Reparations: A Missed Opportunity?
  • Tonny Raymond Kirabira & Leïla Choukroune, Uganda’s Post-War Transitional Justice Process: Have Housing, Land and Property Rights been Restored?

Conference: The Journals of International Law

On June 21-23, 2023, KU Leuven and the Max Planck Institute for Legal History and Legal Theory will hold an online conference on "The Journals of International Law." The program is here.

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 18, no. 6, 2023) is out. Contents include:
  • Corey L. Norton, Commentary: GCs, Together We Can Build What’s Next in Supply Chain ESG
  • Eleni Tsianaka, Commentary: The Pandemic: Shuffling the Deck of the Global Business Environment
  • Jorge Juan Milla-Ibáñez, The Statute of Limitation in Case of Customs Criminal Offences in the EU: A Comparative Study
  • M. Rafiqul Islam & Khorsed Zaman, Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’
  • Ngoc Thanh Tran & Trung Kien Tran, The Tariff Impact of the Regional Comprehensive Economic Partnership (RCEP) Agreement on Vietnam’s Seafood Export and Import

New Issue: European Convention on Human Rights Law Review

The latest issue of the European Convention on Human Rights Law Review (Vol. 4, no. 2, 2023) is out. Contents include:
  • Vassilis P Tzevelekos, Immunities Barring the Prosecution of the Crime of Aggression Against Ukraine: The Contribution of the ECtHR Case Law
  • Rosanne van Alebeek, Larissa van den Herik, & Cedric Ryngaert, Prosecuting Russian Officials for the Crime of Aggression: What About Immunities?
  • Tobias Mortier, Reprehensible or Legitimate Aims? A Proposal for a New Approach to Article 18 echr in Light of its Predominance Test
  • Carl Emilio Lewis, The European Court of Human Rights and its Search for Common Values

Friday, June 2, 2023

Prieto Rudolphy: The Morality of the Laws of War: War, Law, and Murder

Marcela Prieto Rudolphy
(Univ. of Southern California - Law) has published The Morality of the Laws of War: War, Law, and Murder (Oxford Univ. Press 2023). Here's the abstract:

Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder.

Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants.

Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist.

Thursday, June 1, 2023

Chapaux, Mégret, & Natarajan: The Routledge Handbook of International Law and Anthropocentrism

Vincent Chapaux
(Univ. Libre de Bruxelles), Frédéric Mégret (McGill Univ.) & Usha Natarajan (Columbia Univ.) have published The Routledge Handbook of International Law and Anthropocentrism (Routledge 2023). The table of contents is here. Here's the abstract:

This handbook explores, contextualises and critiques the relationship between anthropocentrism – the idea that human beings are socially and politically at the centre of the cosmos – and international law.

While the critical study of anthropocentrism has been under way for several years, it has either focused on specific subfields of international law or emanated from two distinctive strands inspired by the animal rights movement and deep ecology. This handbook offers a broader study of anthropocentrism in international law as a global legal system and academic field. It assesses the extent to which current international law is anthropocentric, contextualises that claim in relation to broader critical theories of anthropocentrism, and explores alternative ways for international law to organise relations between humans and other living and non-living entities.

Wednesday, May 31, 2023

Kälin: Internal Displacement and the Law

Walter Kälin
(Univ. of Bern - Law) has published Internal Displacement and the Law (Oxford Univ. Press 2023). Here's the abstract:

The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action.

The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions.

In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.

New Issue: Pécs Journal of International and European Law

The latest issue of the Pécs Journal of International and European Law (Vol. 2022, no. 2) is out. Contents include:
  • Sandra Fabijanić Gargo, Human security and Responsibility to Protect – Challenges and Intersections
  • Tamás Török, Data against hate – Processing of personal data revealing racial or ethnic origin for the purpose of combating hate crime in the European Union
  • Upal Aditya Oikya, Trends of National Implementation of the Rome Statute: Theoretical Perspectives
  • Elisabeth Sándor-Szalay & Balázs Kiss, An odd solution – comments on the margins of a recent debate on national minority suffrage: ECtHR judgement in Case Bakirdzi and E.C. v. Hungary

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 99, 2023) is out. Contents include:
  • The war in Ukraine: An ongoing debate
    • Introduced by Maurizio Arcari and Beatrice Bonafé
    • Giulio Bartolini, The provision of belligerent materials in the Russia-Ukraine conflict: Beyond the law of neutrality?
    • Paolo Zicchittu, Article 11 of the Italian Constitution and the war in Ukraine: The constant dialogue between Constitutional and International Law

Call for Papers: Justice in international investment law in a post-ISDS world

A call for papers has been issued for a conference on "Justice in international investment law in a post-ISDS world," to take place November 23-24, 2023, at Erasmus University Rotterdam. The call is here.

New Issue: International Interactions

The latest issue of International Interactions (Vol. 49, no. 3, 2023) is out. Contents include:
  • Yooneui Kim, A network analysis of naming and shaming in the universal periodic review
  • Nazmus Sakib & Md Muhibbur Rahman, Military in the cabinet and defense spending of civilian governments
  • Tim Haesebrouck, The populist radical right and military intervention: A coincidence analysis of military deployment votes
  • Burak Giray, Troop-providers' ideational commitment to UN peacekeeping and effectiveness
  • Yuichi Kubota, Gaku Ito & Masataka Harada, Making sense of violence in semi-technologized conventional civil war: Evidence from nineteenth-century Japan
  • Omer Zarpli, Sanctions and target public opinion: Experimental evidence from Turkey
  • Mohammad Reza Farzanegan & Hassan F. Gholipour, Russia’s invasion of Ukraine and votes in favor of Russia in the UN General Assembly

Tuesday, May 30, 2023

Krieger & Liese: Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science

Heike Krieger
(Freie Universitat Berlin - Law) & Andrea Liese (Univ. of Potsdam - International Relations) have published Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science (Oxford Univ. Press 2023). The table of contents is here. Here's the abstract:

International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations.

By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 83, no. 1, 2023) is out. Contents include:
  • Comment
    • Armin von Bogdandy, Chilean Insights for Progressive Constitutionalism
  • Abhandlungen
    • Max Lesch & Christian Marxsen, Norm Contestation in the Law Against War: Towards an Interdisciplinary Analytical Framework
    • Ingvild Bode, Contesting Use of Force Norms Through Technological Practices
    • Giulia Persoz, Mitigating International Norms Through Contestation: Peaceful Purposes in Space Law and the Security Dilemma
    • John-Mark Iyi, Of Norms and Ambiguity: The Contested Authority of UN Security Council and African Union in the Use of Force in Africa
    • Aurel Sari, Norm Contestation for Strategic Effect: Legal Narratives as Information Advantage
    • Agata Kleczkowska, Prohibition of Threats of Force: A Silently Contested Norm?

New Issue: Nordic Journal of Human Rights

The latest issue of the Nordic Journal of Human Rights (Vol. 41, no. 1, 2023) is out. Contents include:
  • Special Issue: World Heritage
    • Stener Ekern & Peter Bille Larsen, Introduction: The Complex Relationship Between Human Rights and World Heritage
    • Carlos Fredy Ochoa García, The K'iche’ Maya Written Tradition and the Cultural Heritage of Totonicapán, Guatemala
    • Ave Paulus & Aleksei Kelli, Intangible Cultural Heritage and Intellectual Property Protection as Two Sides of the Same Human Rights Coin: Memoryscapes and Traditional Boatbuilding in Estonia
    • Matthew Storey, The Right to Enjoy Cultural Heritage and Australian Indigenous Cultural Heritage Legislation
    • Peter Bille Larsen, The Lightness of Human Rights in World Heritage: A Critical View of Rights-Based Approaches, Vernaculars, and Action Opportunities
    • Elizabeth Anderson Comer & Margaret Comer, Heritage Communities and Human Rights: A Case Study from Catoctin Furnace, Maryland
    • Claudia Uribe Chinen, Unpacking Heritage and Human Rights in Peru: A View from Archaeological World Heritage Management

Monday, May 29, 2023

Conference: 30th Annual ANZSIL Conference

On June 29-July 1, 2023, the Australian and New Zealand Society of International Law will hold its 30th Annual Conference at Victoria University of Wellington. The theme is: "Is International Law Resilient?" Program and registration are here.

Sunday, May 28, 2023

Longobardo: The Applicability of Apartheid to Situations of Occupation: At the Crossroads between International Humanitarian Law, International Criminal Law, and International Human Rights Law

Marco Longobardo (Univ. of Westminster - Law) has posted The Applicability of Apartheid to Situations of Occupation: At the Crossroads between International Humanitarian Law, International Criminal Law, and International Human Rights Law (Anuario Mexicano de Derecho Internacional, forthcoming). Here's the abstract:
The article deals with the applicability of apartheid in occupied territory. Rather than assessing whether in specific situation of an occupation an occupying power has established an apartheid regime, the article discusses whether there is anything in the law of occupation or in the international regulation of apartheid that makes them mutually exclusive. On the basis of international human rights law, international criminal law, and international humanitarian law considerations, it is argued that apartheid can be applied to occupied territory following the ordinary rules for the application of international human rights law and international criminal law in occupied territory. Accordingly, international law does not bar the application of apartheid in occupied territory, but rather, the law of occupation and apartheid coincide to strengthen the protection of civilians in occupied territories.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 29, no. 2, June 2023) is out. Contents include:
  • Naosuke Mukoyama, The Eastern cousins of European sovereign states? The development of linear borders in early modern Japan
  • Natalya Naqvi, Economic crisis, global financial cycles and state control of finance: public development banking in Brazil and South Africa
  • Johannes Petry, Beyond ports, roads and railways: Chinese economic statecraft, the Belt and Road Initiative and the politics of financial infrastructures
  • Leonie Holthaus, Feelings of (eco-) grief and sorrow: climate activists as emotion entrepreneurs
  • Laleh Khalili, Humanitarianism and racial capitalism in the age of global shipping
  • Megan A. Stewart, Foundations of the Vanguard: the origins of leftist rebel groups
  • Benjamin E. Goldsmith & Yusaku Horiuchi, Does Russian election interference damage support for US alliances? The case of Japan
  • Paul Beaumont & Elana Wilson Rowe, Space, nature and hierarchy: the ecosystemic politics of the Caspian Sea
  • James W. Davis, Better than a bet: good reasons for behavioral and rational choice assumptions in IR theory
  • Regan Burles, Kant’s domestic analogy: international and global order