Saturday, September 9, 2023

Bradlow: The Law of International Financial Institutions

Daniel D. Bradlow
(Pretoria Univ.) has published The Law of International Financial Institutions (Oxford Univ. Press 2023). Here's the abstract:

In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens.

The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.

Friday, September 8, 2023

Gascoigne: Causation in the Law of the World Trade Organization: An Econometric Approach

Catherine Gascoigne
(Macquarie Univ. - Law) has published Causation in the Law of the World Trade Organization: An Econometric Approach (Cambridge Univ. Press 2023). Here's the abstract:
Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.

Thursday, September 7, 2023

Call for Papers: Current Research on the Human Right to Science

The Chair for Public International and European Law at the University of Fribourg has issued a call for papers for a doctoral colloquium on “Current Research on the Human Right to Science,” to be held September 6-7, 2024, in Fribourg. The call is here.

New Issue: International Environmental Agreements: Politics, Law and Economics

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 23, no. 3, September 2023) is out. Contents include:
  • Katharina Rietig, Christine Peringer, Sarina Theys & Jecel Censoro, Unanimity or standing aside? Reinterpreting consensus in United Nations Framework Convention on Climate Change negotiations
  • Thomas Gehring & Linda Spielmann, The treaty management organization established under the UNFCCC and the Paris Agreement: an international actor in its own right?
  • Deborah Barros Leal Farias, Country differentiation in the global environmental context: Who is ‘developing’ and according to what?
  • Ceecee HolzGuy Cunliffe & Harald Winkler, Tempering and enabling ambition: how equity is considered in domestic processes preparing NDCs
  • Benoit Mayer, Progression requirements applicable to state action on climate change mitigation under Nationally Determined Contributions
  • Xiaobin Pan & Bowen Yang, Reality and perfection of China’s addressing climate change legislation in post-Paris Agreement era
  • Imad Antoine Ibrahim & Jonathan Lautze, How best to incorporate conjunctive water management into international water law: legal amendment, instrument coupling, or new protocol adoption?
  • Hao Shen, A critical assessment of the International Seabed Authority’s implementation of the Common Heritage of Mankind principle from the perspective of benefit-sharing regime
  • Wenting Cheng, The green investment principles: from a nodal governance perspective

Wednesday, September 6, 2023

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 14, no. 3, September 2023) is out. Contents include:
  • Editorial
    • Jean d’Aspremont, Affects, Emotions, and the Cartesian Epistemology of International Law
  • Articles
    • Fuad Zarbiyev, Cutting off the King’s Head: Rethinking Authority in International Law
    • Kyra Wigard, Ori Pomson, & Juliette McIntyre, Keeping score: an empirical analysis of the interventions in Ukraine v Russia
    • Georgia Antonopoulou, The ‘Arbitralization’ of Courts: The Role of International Commercial Arbitration in the Establishment and the Procedural Design of International Commercial Courts
    • Tensin Studer, Environmental accountability: a case for international conciliation?
  • Current Developments
    • Pranav Ganesan & Laia Roxane Guardiola, The ICJ judgment on Nicaragua v Colombia (2022): applying an established jurisdictional test or a problematic invention?
    • Monica Feria-Tinta, On the request for an advisory opinion on climate change under UNCLOS before the International Tribunal for the Law of the Sea
    • Julia Richter, The two problem pillars of multiple proceedings in investment arbitration: why the abuse of process doctrine is a necessary remedy and requires focus in UNCITRAL’s ISDS reform

Tuesday, September 5, 2023

Call for Papers: The Borderlands of Criminal Law Conference

The Transnational Criminal Law Review and the University of Windsor Faculty of Law have issued a call for papers for the first Transnational Criminal Law Review Conference, to take place June 20-21, 2024. The topic is: "The Borderlands of Criminal Law Conference." The call is here.

Monday, September 4, 2023

Call for Submissions: The evolving role of international judicial advisory opinions

The International Community Law Review has issued a call for submissions for a special issue on "The evolving role of international judicial advisory opinions." The call is here.

Sunday, September 3, 2023

Besson: Due Diligence in International Law

Samantha Besson
(Collège de France) has published Due Diligence in International Law (Brill | Nijhoff 2023). Here's the abstract:
Since the concept of due diligence first appeared in arbitral decisions at the end of the nineteenth century, its success in international law has been growing steadily. Yet its nature, sources and regime remain indeterminate in many ways. In response to the objections currently raised against it, this book provides a critical analysis of the practice of due diligence in international law. Its aim is to determine whether a principle, standard and/or obligation of due diligence does indeed exist under general international law; to identify what could constitute its normative structure, foundation and general regime; to establish the conditions, content and modalities of implementation of international responsibility for negligence; and, finally, to examine the specificities of due diligence in special regimes of international law, such as international environmental law, international cybersecurity law and international human rights law. More generally, the book also examines the reasons for due diligence’s “renaissance” in international law’s recent history and explains what this revival says about the state of the international legal and institutional order and the possibilities for its reform.

Conference: Indo-Pacific Strategies and International Law

The 2023 ILA-ASIL Asia-Pacific Research Forum will be held December 3-4 in Taipei and hosted by the Research Center for International Legal Studies of National Chengchi University and the Chinese (Taiwan) Society of International Law. The theme is: "Indo-Pacific Strategies and International Law." The program is here. Registration is here.