Saturday, November 18, 2023

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 29, no. 3, July-September 2023) is out. Contents include:
  • Jacob Udo-Udo Jacob, Cognitive Third Force: The Case for Building a Supranational Public Opinion to Enhance the UN’s Moral Influence
  • Dennis Niemann, David Krogmann, & Kerstin Martens, Torn into the Abyss? How Subpopulations of International Organizations in Climate, Education, and Health Policy Evolve in Times of a Declining Liberal International Order
  • Reem Alshamsi, The Role of Extrinsic Motivation in Securing Actors’ Compliance with the International Anti-Money Laundering/Counterterrorist Financing Regime
  • Nicholas Frank, Explaining Innovation and Imitation in the RCEP
  • Rebecca Barber, An Early Assessment of the General Assembly’s 2022 Veto Initiative
  • Gianluigi Negro, China and the ITU: A History of Standards
  • Jorge Antonio Pérez-Pineda, The Private Sector and the 2030 Agenda: Challenges following BAPA+40

New Issue: International Theory

The latest issue of International Theory (Vol. 15, no. 3, November 2023) is out. Contents include:
  • Ivan Fomin, Strategic culture as a meaning-making system: towards a social semiotic account of multimodal cultural constraints in international relations
  • Jeffrey Robertson & Andrew Carr, Is anyone a middle power? The case for historicization
  • John de Bhal, Rethinking ‘middle powers’ as a category of practice: stratification, ambiguity, and power
  • Symposium: A Symposium on Global IR
    • Michael Barnett & Ayşe Zarakol, Global international relations and the essentialism trap
    • Tarak Barkawi, Christopher Murray, & Ayşe Zarakol, The United Nations of IR: power, knowledge, and empire in Global IR debates
    • Martin J. Bayly, Global at birth: a relational sociology of disciplinary knowledge in IR and the case of India
    • Victoria Tin-bor Hui, ‘Getting Asia right’: de-essentializing China's hegemony in historical Asia
    • Michael Barnett & George Lawson, Three visions of the global: global international relations, global history, global historical sociology
    • Zeynep Gülşah Çapan, Manjeet S. Pardesi, & Musab Younis, Response section

New Issue: Climate Law

The latest issue of Climate Law (Vol. 13, nos. 3-4, 2023) is out. Contents include:
  • Special Issue: The Climate Regime and Other Areas of Law
    • Margaret A. Young & Markus W. Gehring, The Climate Regime and Other Areas of Law
    • Alistair Mills, Meeting Lofty Aspirations? English National Planning Policy, International Law, and Climate Change
    • Sek Lun Cheong, Human Rights Due Diligence and the Climate Change Dimension: Implications for Investor Responsibility in International Investment Law
    • Rebecca McMenamin, Advisory Opinion on Obligations of States in Respect of Climate Change: Potential Contribution of Human Rights Bodies
    • Ella Vines, Legal Constraints on Australian Coal Mining: The Role of the Paris Agreement
    • Roanna McClelland, Rights of Rivers in a Changing Climate

Jackson & Paddeu: The Countermeasures of Others: When Can States Collaborate in the Taking of Countermeasures?

Miles Jackson (Univ. of Oxford) & Federica Paddeu (Univ. of Cambridge) have posted The Countermeasures of Others: When Can States Collaborate in the Taking of Countermeasures? Here's the abstract:

In the past few years, States’ legal positions on international law in cyber-space have addressed the application of countermeasures. In this context, some States have put forward the claim that injured States may rely on their allies in the taking of countermeasures against the wrongdoing State. Countermeasures, say these States, can be taken individually or collectively. ‘Collective countermeasures’ is the term that has been gaining ground in practice and in the literature to refer to the collaboration between States in the taking of countermeasures. The use of this label to refer to the idea of collaboration between States in the taking of countermeasures is problematic, insofar as it elides some legal and conceptual distinctions that are key to assessing the legality of collaboration in this field. First, it does not distinguish the different forms that collaboration can take: from joint action by two (or more) States, to aid and assistance, to the (more radical) idea that a State may take countermeasures on behalf of another (what we will refer to as ‘proxy countermeasures’). Second, it fails to distinguish between the bilateral and multilateral character of the obligation initially breached.

In this article, we ask whether and, if so, under what conditions States may collaborate in the taking of countermeasures against another State. We assume that the injured State is entitled to take countermeasures against the wrongdoing State, so the question that arises is that of the permissibility for a third State (State C) to collaborate with the injured State in the taking of countermeasures against the wrongdoer. We structure the analysis around the two distinctions mentioned. First, in considering the position of the third (collaborating) State, we distinguish three forms of collaboration:

(a) where two States jointly take a countermeasure;
(b) where one State assists another State in taking a countermeasure; and
(c) where one State takes a countermeasure at the request and on behalf of another State.

In practice these will often be blurred, but at a doctrinal level, it is important to distinguish these factual situations since the legal rules applicable to each vary and the permissibility of State C’s conduct may – and does, as we will argue – differ from case to case.

Second, in assessing the legality of State C’s conduct in connection with the injured State’s countermeasures, we consider whether State C has an entitlement in its own right to take a countermeasure in response to the wrongdoing State’s initial breach:

(i) State C would have such an entitlement if the obligation breached by the wrongdoing State was owed erga omnes or erga omnes partes, including to State C.
(ii) State C would not have such an entitlement where the obligation breached was owed bilaterally as between the injured and wrongdoing States.

Whether States other than an injured are permitted to resort to countermeasures against the wrongdoer for the breach of an erga omnes obligation is still controversial. We will assume, for the sake of argument, that this is now accepted at customary law (if it were not, then all situations of collaboration would be analysed under scenario (ii)).

As we will argue, the cases where State C is entitled to take a countermeasure in its own right – that is, where the prior affects an obligation erga omnes – are straightforward. In all cases, State C acts permissibly, assuming all other conditions for the taking of countermeasures are met. By contrast, the cases where State C does not have an independent entitlement to take a countermeasure are much more complex and the law is, in many respects, uncertain. We conclude by turning to broader considerations, including those animating this development in the cyber-sphere. In thinking about development of the law, we flag some considerations that States may wish to bear in mind.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 83, no. 3, 2023) is out. Contents include:
  • Nachruf
    • Jochen Abr. Frowein, Thomas Buergenthal (11.5.1934 – 29.5.2023)
  • Comment
    • Matthias Goldmann, Die Zeitenwende und das Völkerrecht
  • Vorträge
    • Thoko Kaime, Legitimacy, Public International Law and Intractable Problems
  • Abhandlungen
    • Anne Peters, Sabine Gless, Chris Thomale, & Marc-Philippe WellerBusiness and Human Rights: Towards a ‘Smart Mix’ of Regulation and Enforcement
    • Felix Herbert, (Ir-)Relevance of ius cogens ? Legal Consequences of ius cogens in Russia’s War of Aggression Against Ukraine
    • Marianna Lourdes Dänner, Die Repräsentation von Tier-Interessen im politischen Prozess

Krisch & Yildiz: The Many Paths of Change in International Law

Nico Krisch
(Graduate Institute) & Ezgi Yildiz (California State Univ., Long Beach - International Relations) have published The Many Paths of Change in International Law (Oxford Univ. Press 2023). The table of contents is here. This volume is available open access. Here's the abstract:

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today.

Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies.

Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law.

Special Issue: The African Union, Pan-Africanism, and the Liberal World (Dis)Order

The latest issue of Global Studies Quarterly (Vol. 3, no. 3, July 2023) includes a special issue on "The African Union, Pan-Africanism, and the Liberal World (Dis)Order." Contents include:
  • Rita Abrahamsen, Barbra Chimhandamba, & Farai Chipato, Introduction: The African Union, Pan-Africanism, and the Liberal World (Dis)Order
  • Oumar Ba, Exit from Nuremberg to the Hague: The Malabo Protocol and the Pan-African Road to Arusha
  • Farai Chipato, The Global Politics of African Identity: Pan-Africanism and the Challenge of Afropolitanism
  • Samuel Ojo Oloruntoba, (Re)Negotiating Existence: Pan-Africanism and the Role of African Union in a Changing Global Order
  • Antonia Witt, Forging an African Union Identity: The Power of Experience
  • Kathryn Nash, The African Union and Emerging Patterns of Global Health Governance
  • Thomas Kwasi Tieku & Afua Boatemaa Yakohene, Analyzing the African Continental Free Trade Area (the AfCFTA) from an Informality Perspective: A Beautiful House in the Wrong Neighborhood

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 26, no. 3, November 2023) is out. Contents include:
  • Sreenath K. P. & Anson C. J., Geographical indications and traditional cultural expressions: A comparative legal analysis of the GI laws of Indonesia and India and a case study analysis
  • Hamish MacDonald, Who judges plants? Scientific-legal judgement of varieties for plant breeder's rights
  • Soumya P. Patra, Role of open innovation and patents on strategic decision making
  • Anik Bhaduri, Communities as inventors: Rethinking positive protection of traditional knowledge through patents
  • Jade Kouletakis, Ayoyemi Lawal-Arowolo, & Nkem Itanyi, Copyright Law Protection of films in Nigeria (Nollywood) and South Africa (Sollywood): Pre and post-Covid-19 pandemic
  • Żaneta Zemła-Pacud & Gabriela Lenarczyk, The EU regulatory data protection in the agrochemical industry: Towards a data sharing model in favour of sustainable market play and a sustainable environment
  • Enrico Bonadio & Nicola Lucchi, Antisuit injunctions in SEP disputes and the recent EU's WTO/TRIPS case against China
  • Sunandan Baruah & Ankur P. Saikia, Licensing standard-essential patents in artificial intelligence-based apps: A theory on dynamic royalty pricing mechanism
  • Renooj Jacob & Purna Prasad Arcot, Patents and sustainable innovation in Indian Startups
  • Ingrida Veiksa, The author's moral right of withdrawal and its reasonable restriction or contractual waive

New Issue: The World Economy

The latest issue of The World Economy (Vol. 46, no. 11, November 2023) is out. Contents include:
  • Special Issue: Supply chain trade in Africa: Retrospect and prospect
    • Jaime de Melo & Marcelo Olarreaga, Introduction to symposium supply chain trade in Africa: Retrospect and prospect
    • Michele Mancini, Aaditya Mattoo, Daria Taglioni, & Deborah Winkler, Sub-Saharan Africa's participation in global value chains: 1995–2021
    • Angella Faith Montfaucon, Natnael Simachew Nigatu, & Socrates Kraido Majune, An analysis of value chain trade in Africa
    • Ben Shepherd, Regional integration and services in African value chains: Retrospect and prospect
    • Emmanuel B. Mensah & Johannes Van Biesebroeck, Integration of African countries in regional and global value chains: Static and dynamic patterns
    • Christian Hubert Ebeke, Surges in participation in global value chains: Drivers and macroeconomic impacts in sub-Saharan Africa
    • Romaric Coulibaly, Heddie Moreno, Akiko Suwa-Eisenmann, & Nouhoum Traore, African firms in global value chains: What can we learn from firm-level data in Cameroon and Côte d'Ivoire?
    • Joël Cariolle & Camille da Piedade, Digital connectedness and exports upgrading: Is sub-Saharan Africa catching up?
    • Andrea Ariu & Laura Ogliari, Services' trade in Africa: Structure and growth
    • Bernard Hoekman & Marco Sanfilippo, Trade and value chain participation: Domestic firms and FDI spillovers in Africa
    • Jaime de Melo & Jean-Marc Solleder, The landscape of CO2 emissions across Africa: A comparative perspective

Risvas: Discrimination in Investment Treaty Arbitration

Michail Risvas
(Univ. of Southampton - Law) has published Discrimination in Investment Treaty Arbitration (Oxford Univ. Press 2023). Here's the abstract:
Discrimination in International Investment Arbitration provides an original and comprehensive treatment of the non-discrimination standards at the heart of many investment treaty cases. Drawing insights from US law, EU law, and international human rights courts, Risvas supplies key insights into arbitration tribunals' decisions on the interpretation and application of a wide scope of standards, including Most Favoured Nation (MFN) Treatment; National Treatment (NT); non-impairment clauses prohibiting arbitrary and/or discriminatory measures; Fair and Equitable Treatment (FET); and non-discrimination in the context of the Expropriation standard. Advancing normative suggestions for the application of non-discrimination standards, Risvas proposes a template for practitioners, policymakers, and adjudicators involved in investment treaty negotiations. The book is also a valuable resource for legal scholars, as it clarifies inconsistent arbitral practice and distils the key traits of discrimination claims.

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 14, no. 3, 2023) is out. Contents include:
  • Eric White, What does finance democracy look like?: thinking beyond fintech and regtech
  • Letizia Lo Giacco, Private entities shaping community interests: (re)imagining the ‘publicness’ of public international law as an epistemic tool
  • Victoria Plekhanova, On benefits of new legal realism for international tax scholarship

Thursday, November 16, 2023

New Issue: GlobaLex

The latest issue of GlobaLex (July/August 2023) includes:

Call for Papers: Human Rights Accountability of Non-Universally Recognised States and State-Like Entities

The Utrecht Centre for Accountability and Liability Law has issued a call for papers for a workshop on "Human Rights Accountability of Non-Universally Recognised States and State-Like Entities." The deadline is December 15, 2023. The call is here.

d'Aspremont: The Experiences of International Organizations: A Phenomenological Approach to International Institutional Law

Jean d’Aspremont
(Sciences Po; Univ. of Manchester) has published The Experiences of International Organizations: A Phenomenological Approach to International Institutional Law (Edward Elgar Publishing 2023). Here's the abstract:

This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood and captured by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.

Adopting a unique phenomenological approach, Jean d’Aspremont questions the key patterns of thought that inform the legal practice of international organizations, arguing that said organizations are the product of five specific experiences: affection, insulation, edification, restriction, and conciliation. Through this critical lens, d’Aspremont highlights the limits of the current conceptualizations of international organizations which populate legal practice and legal literature. In doing so, the book crucially develops contemporary discourse on how international lawyers build their claims about the status, rights, duties, responsibilities, failures and falls of international organizations; and assesses how international organizations are thought about in relation to international law, international relations and studies of global governance.

Tuesday, November 14, 2023

Call for Papers: Dialogue Between International Law and Comparative Law in Data Governance

A call for papers has been issued for the 9th Annual Conference of the Asian Privacy Scholars Network, to be held August 15-16, 2024, at National Tsing Hua University, Hsinchu. The theme is: "Dialogue Between International Law and Comparative Law in Data Governance." The conference is a collaboration between National Tsing Hua University, Singapore Management University School of Law, the Asian Privacy Scholar Network, and the American Society of International Law's International Law & Technology Interest Group. The call is here.

Online Seminar: The ‘Imbroglio’ of Ecocide: A Political Economic Analysis

The Abolition Feminism for Ending Sexual Violence Collective is hosting an online seminar by Eliana Cusato (Univ. of Amsterdam - Law) and Emily Jones (Newcastle Univ. - Law) on "The ‘Imbroglio’ of Ecocide: A Political Economic Analysis," on Decemeber 11, 2023, chaired by Christine Schwöbel-Patel (Univ. of Warwick - Law). Details are here.

Conference: International Security in Cyberspace

On November 30-December 1, 2023, the University of Grenada will host a conference on "International Security in Cyberspace." Details are here.

Monday, November 13, 2023

New Volume: Italian Yearbook of International Law

The latest volume of the Italian Yearbook of International Law (Vol. 32, 2022) is out. Contents include:
  • International Law and the European Union
    • Nigel D. White, The Position of the European Security Architecture Within the International Legal Order
    • Marise Cremona, The Reception and Enforcement of International Law in the EU Legal Order
    • Roberto Baratta, Treaty Interpretation In the EU: Ensuring Consistency with the Bona Fide Principle and Jus Cogens
    • Marco Gestri, Sanctions, Collective Countermeasures and the EU
    • Martina Buscemi, Responding to the EU’s Rule of Law Crisis: Any Role for General International Law?
    • Pia Acconci, EU Autonomy and International Investment Law: From Conflict to Reconciliation?
  • The International Legal Order and the War in Ukraine
    • Maurizio Arcari, The Conflict in Ukraine and Its Implications for the United Nations System of Collective Security
    • Anne Lagerwall, How Does Jus Contra Bellum Apply to States in Their Relations with the Self-Proclaimed Republics in the Donbass?
    • Veronika Bílková, The Conflict in Ukraine: Implications for Jus in Bello and Human Rights Law
    • Giulio Bartolini & Marco Pertile, Relic of the Past or Immortal Phoenix? The Legal Relevance of Neutrality in the Russo-Ukrainian War
    • Micaela Frulli, International Criminal Justice at the Russia-Ukraine Crossroads
    • Giuseppe Nesi, The Conflict in Ukraine and Its Implications for International Refugee and Migration Law
  • Notes and Comments
    • Donato Greco, The 2022 “Environmental Reform” of the Italian Constitution and International Law
    • Elena Carpanelli, The Principle of Non-Refoulement at Sea and Its Implications for Rescue Operations: The Corte di Cassazione’s Judgment in the Vos Thalassa Case
    • Arno Dal Ri Jr. & Andrey José Taffner Fraga, The 2022 Decision of the Italian Corte di Cassazione on the Brazilian “Great Naturalization” and the Condition of Italian Citizens Resident in Brazil in the Late 19th Century
    • Alberta Fabbricotti, The 2022 Italian Constitutional Court Judgment on Children’s Surnames: An International Human Rights Law Perspective
    • Eloisa M.B. Bellucci & Donato Greco, Italian Legislation in Times of Pandemics and International Law: The Way Out of the Emergency

Sunday, November 12, 2023

Lecture: Mignot-Mahdavi & Zwijnenburg on "New technologies in modern warfare"

The next Hague Initiative for Law and Armed Conflict lecture will take place on December 11, 2023, at the Asser Institute, The Hague. Rebecca Mignot-Mahdavi (Sciences Po) and Wim Zwijnenburg (PAX) will speak on: “New technologies in modern warfare.” Details are here.