Saturday, December 2, 2023

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 18, nos. 11-12, 2023) is out. Contents include:
  • Michael Lux, The Ambitious Customs Reform Package Proposed by the EU Commission
  • Pablo Muñiz, Designing a Dream EU Customs Union
  • E.M. van Doornik, Is the EU Proposal for a Bucketing System; A Simplification or a Band-aid Solution?
  • Renato Antonini & Mihai Ioachimescu-Voinea, EU Customs Reform: A Bridge Over Troubled Waters and Towards Sanctions Harmonization?
  • Vera Kanas Grytz & Isabelle Ruiz Guero, Reviewing the Legal Framework Applicable to Cross-border E-commerce Transactions in Brazil
  • Carla Amaral de Andrade Junqueira, Recent Customs Reforms in Brazil
  • Alessandro Fruscione, Facilitations for Trust & Check Operators
  • Andrew Hudson, Lessons for Australia in European Reforms to Customs Regulation
  • Thális Andrade, Transfer Pricing and Customs Valuation Rules in Brazil: A Challenging Reconciliation
  • Atia Hussain, Walaa Wahid Elkelish, & Muhammad Al Mahameed, Customs Duty Evasion: Consequences and Suggestions: The GCC Countries Perspective
  • P. Sean Morris, Intellectual Property Investment at the International Court of Justice After Certain Iranian Assets
  • Firdaus Firdaus, Hengki Firmanda, Rahmad Hendra, & Samariadi Samariadi, Corporate Social Responsibility Regulation in Indonesia and a Critique of the Milton Friedman Theory

New Issue: International Review of the Red Cross

The latest issue of the International Review of the Red Cross (Vol. 105, no. 924, 2023) is out. The theme is: "Protecting the Environment in Armed Conflict." Contents include:
  • Bruno Demeyere, Protection of the Environment During Armed Conflict
  • Interview with Marja Lehto: Former International Law Commission Special Rapporteur on the Protection of the Environment in Relation to Armed Conflicts
  • Helen Obregón Gieseken & Vanessa Murphy, The protection of the natural environment under international humanitarian law: The ICRC's 2020 Guidelines
  • Rigmor Argren, The obligation to prevent environmental harm in relation to armed conflict
  • Catherine-Lune Grayson, Amir Khouzam, Nishanie Jayamaha, & Stephanie Julmy, The Climate and Environment Charter for Humanitarian Organizations: Strengthening the humanitarian response to the climate and environment crises
  • Britta Sjöstedt & Karen Hulme, Re-evaluating international humanitarian law in a triple planetary crisis: New challenges, new tools
  • W. Casey Biggerstaff & Michael N. Schmitt, Protecting the environment in armed conflict: Evaluating the US perspective
  • Simon Bagshaw, The 2022 Political Declaration on the Use of Explosive Weapons in Populated Areas: A tool for protecting the environment in armed conflict?
  • Eve Massingham, Elina Almila, & Mathilde Piret, War in cities: Why the protection of the natural environment matters even when fighting in urban areas, and what can be done to ensure protection
  • Eva Baudichau, Another brick in the wall: Climate change (in)adaptation under the law of belligerent occupation
  • Felicia Wartiainen, Time for “environmentarian corridors”? Investigating the concept of safe passage to protect the environment during armed conflict
  • Jérôme de Hemptinne, Increasing the safeguarding of protected areas threatened by warfare through international environmental law
  • Elaine (Lan Yin) Hsiao, Adrian Garside, Doug Weir, & Andrew J. Plumptre, Protected zones in context: Exploring the complexity of armed conflicts and their impacts on the protection of biodiversity
  • Lingjie Kong & Yuqing Zhao, Remedying the environmental impacts of war: Challenges and perspectives for full reparation
  • Matthew Gillett, Criminalizing reprisals against the natural environment
  • Wim Zwijnenburg & Ollie Ballinger, Leveraging emerging technologies to enable environmental monitoring and accountability in conflict zones
  • Pouria Askary & Katayoun Hosseinnejad, A possible legal framework for the exploitation of natural resources by non-State armed groups
  • Mara Tignino & Tadesse Kebebew, A galaxy of norms: UN peace operations and protection of the environment in relation to armed conflict
  • Raphaël van Steenberghe, International environmental law as a means for enhancing the protection of the environment in warfare: A critical assessment of scholarly theoretical frameworks
  • Catherine O'Rourke & Ana Martin, Gender, conflict and the environment: Surfacing connections in international humanitarian law
  • Amanda Kron, At the frontlines of implementing the right to a healthy environment: Understanding human rights and environmental due diligence in relation to armed conflicts
  • Radhika Kapoor & Dustin A. Lewis, The practice of the UN Security Council pertaining to the environment and armed conflict, 1945–2021
  • Shiri Krebs, Above the law: Drones, aerial vision and the law of armed conflict – a socio-technical approach
  • Line Baagø-Rasmussen, Carin Atterby, & Laurent Dutordoir, Building the case for a social and behaviour change approach to prevent and respond to the recruitment and use of children by armed forces and armed groups

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 37, no. 3, Fall 2023) is out. Contents include:
  • Roundtable: Global Governance and Lethal Autonomous Weapon Systems
    • Josephine Jackson, Mapping the Lethal Autonomous Weapons Debate: An Introduction
    • David A. Deptula, An Operational Perspective on the Ethics of the Use of Autonomous Weapons
    • Arun Seraphin & Wilson Miles, Toward a Balanced Approach: Bridging the Military, Policy, and Technical Communities
    • Mary Ellen O'Connell, Banning Autonomous Weapons: A Legal and Ethical Mandate
    • Esther D. Reed, Accountability for the Taking of Human Life with LAWS in War
    • Anthony F. Lang, Jr., Regulating Weapons: An Aristotelian Account
  • Feature
    • Neil Renic & Elke Schwarz, Crimes of Dispassion: Autonomous Weapons and the Moral Challenge of Systematic Killing
  • Review Essay
    • Dominic Lenzi, Hope, Pessimism, and the Shape of a Just Climate Future

Friday, December 1, 2023

Furuya, Takemura, & Ozaki: Global Impact of the Ukraine Conflict: Perspectives from International Law

Shuichi Furuya
(Waseda Univ. - Law), Hitomi Takemura (Hitotsubashi Univ. - Law), & Kuniko Ozaki (Chuo Univ. - Law; formerly, Judge, International Criminal Court) have published Global Impact of the Ukraine Conflict: Perspectives from International Law (Springer 2023). The table of contents is here. Here's the abstract:

The invasion of Ukraine by the Russian Federation on February 24, 2022, and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign States that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring State with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other States and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law.

The process of applying international law to States is a dynamic one. Rules of international law may and should regulate the behavior of States and provide standards to decide whether a particular act by a State is permissible. At the same time, however, States may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of States are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other States, and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future.

Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however—and particularly in this case—that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.

New Issue: La Comunità Internazionale

The latest issue of La Comunità Internazionale (Vol. 78, no. 3, 2023) is out. Contents include:
  • Articoli e Saggi
    • Ugo Villiani, Possibili vie di pace per la guerra in Ucraina
    • Paolo Bargiacchi, Alcune riflessioni sulla legittima difesa nel diritto internazionale (I parte)
    • Sara de Vido, Approcci giuridici femministi al diritto internazionale: verso un diritto ecofemminista e post-umano?
    • Claudia Cinelli, The Evolving Regulatory Framework for Space Resource Utilization
  • Note e Commenti
    • Mirko Sossai, Il ruolo del diritto internazionale nel Comunicato finale del Vertice NATO di Vilnius
    • Jean Paul Pierini, La recente riforma delle intercettazioni per fini di intelligence, il diritto UE e la giurisprudenza della corte EDU
  • Osservatorio Diritti Umani
    • Francesco Seatzu, Les requêtes individuelles à caractère abusif devant la Cour Européenne des Droits de l’Homme: réflexions critiques après l’arrêt Zambrano c. France

Wednesday, November 29, 2023

ILR Now Available on Bluesky

ILR now automatically posts to Bluesky (@jkatzcogan.bsky.social). You may also receive ILR updates at X/Twitter (@IntLawReporter), as well as through a daily email and the RSS feed.

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 4, 2023) is out. Contents include:
  • Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2022
  • Sondre Torp Helmersen, Three Perspectives on Marine Life in International Disputes
  • Bianca Haas, Seoyeon Oh, Kathryn Dalton, Shui-Kai Chang, Juno Fitzpatrick, Kengo Minami, Hiroaki Matsui, Guifang (Julia) Xue, Ji-Eun An, Kamal Azmi, Ruth Davis, Han-Yu Lin, Myung-Hwa Jung, & Quentin Hanich, Untangling Jurisdictional Complexities for Crew Labour Regulations on Fishing Vessels in the Western and Central Pacific Ocean
  • Ai Nhan Ho & Phuoc Huu Ngo, Combating Illegal, Unreported, and Unregulated Fishing: A Vietnamese Perspective
  • Qiuwen Wang, Hu Zhang, & Chenghang Hu, Ship Security Rules in China’s Maritime Traffic Safety Law: Increased Legal Flexibility in Maritime Security Measures and Potential Problems
  • Günther Handl, Decarbonising the Shipping Industry: A Status Report
  • Philipp Kastner, Teaching Law of the Sea from a Critical Perspective
  • Keyuan Zou & Bingru Niu, New Procuratorial Role in Marine Environmental Public Interest Litigation
  • Aleke Stöfen-O’Brien, The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment

Triefus: The UNGPs and ISDS: Should Businesses Assess the Human Rights Impacts of Investor–State Arbitration?

Stephanie Triefus (Erasmus School of Law) has posted The UNGPs and ISDS: Should Businesses Assess the Human Rights Impacts of Investor–State Arbitration? (Business and Human Rights Journal, forthcoming). Here's the abstract:
Investor–state dispute settlement (ISDS) has been heavily criticized from the perspective of human rights. However, the potential adverse human rights impacts of ISDS and the responsibilities of businesses to avoid causing or contributing to those impacts under the UN Guiding Principles on Business and Human Rights have yet to be spelled out. Although states are currently reforming ISDS, progress has been slow, and businesses have an independent responsibility to ensure that their operations do not harm human rights. Against this background, this article unpacks how businesses might contribute to three non-exhaustive examples of potential human rights impacts of ISDS: namely, the chilling effect on human rights regulation, crippling mega-awards and direct impacts on third-party rights. This article breaks new ground by exploring how human rights due diligence could be a useful tool for businesses to identify and address these impacts.

Call for Submissions: The Biological Weapons Convention at 50: Perspectives on the Past, Present and Future

The Department of Public Law and Public International Law of the Justus Liebig University in the context of CBWNet is accepting paper proposals for an edited volume to celebrate the 50th anniversary of the Biological Weapons Convention. The edited volume - provisionally titled "The Biological Weapons Convention at 50: Perspectives on the Past, Present and Future" - will examine selected issues pertaining to the past, present, and future of the Biological Weapons Convention. The call is here.

Frost: The global “political voice deficit matrix”

Neli Frost (Univ. of Oxford) has posted The global “political voice deficit matrix” (International Journal of Constitutional Law, forthcoming). Here's the abstract:
The present article illuminates something important yet undertheorized about the relationship between democracy, technology, and globalization. That is, that digital technologies are crucial for certain types of cross-boundary interactions between individuals or communities, and that these interactions are crucial for democratizing relations of power and authority established in and by regimes of global governance. The article does so by linking together two related conversations that have yet to take sufficient account of each other: those taking place between law and technology scholars on the democratizing potential of digital technologies, and those taking place amongst international lawyers on the relationship between democracy and globalization. The article undertakes this alchemy by putting forward the theoretical construct of the “political voice.” This construct offers a normative theory that outlines the democratic functions of vertical communications between individuals and public decision-makers within and across boundaries, but also, crucially, explains how these are dependent on robust horizontal, transnational exchanges between individuals or communities. This construct thus offers a lens through which to evaluate the extent to which digital technologies live up to their democratizing potential, and allows for a normative conceptualization of the possible consequences of their failure to do so as a problem of global governance.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 22, no. 5, December 2023) is out. Contents include:
  • Gaurav Bhattacharya, Industry Size and Trade Protection in the Presence of Environmental Regulations: An Empirical Investigation of the Indian Manufacturing Sector
  • Weihuan Zhou & Mandy Meng Fang, ‘Unforeseen Developments’ Before and After US – Safeguard Measure on PV Products: High Standard or New Standard?
  • Jeffrey Kucik & Sergio Puig, Towards an Effective Appellate Mechanism for ISDS Tribunals
  • Francesca Micocci & Armando Rungi, Predicting Exporters with Machine Learning
  • Motoshi Suzuki, Aiding Higher Education with Export Expansion in the Developing World
  • Till Schöfer, From Developing Country Leader to Flexible Negotiator: New Directions in Brazilian Trade Strategy
  • Zhiyuan Wang, Designing Competition Clauses in Preferential Trade Agreements

New Issue: Netherlands International Law Review

The latest issue of the Netherlands International Law Review (Vol. 70, no. 2, September 2023) is out. Contents include:
  • Mauro Barelli, A Heartfelt Commitment to the International Rule of Law? The United Kingdom and the International Court of Justice
  • Aikaterini Tsampi, Islandness and the European Court of Human Rights: Marooning Rights on Islands?
  • Jie (Jeanne) Huang, Developing Chinese Private International Law for Transnational Civil and Commercial Litigation: The 2024 New Chinese Civil Procedure Law
  • Evgeny Tikhonravov, The International Community’s Reaction to the Soviet Annexation of the Baltic Republics: The Recognition Dilemma <.ku>
  • Tom Ruys & Mira Deweerdt, From Tehran to Moscow: The ICJ’s 2023 Certain Iranian Assets Judgment and Its Broader Ramifications for Unilateral Sanctions, Including Against Russia Authors

Tuesday, November 28, 2023

Conference: Derecho Internacional Latino-Americano/Direito Internacional Latino-Americano/Latin American International Law

The Sociedad Latinoamericana de Derecho Internacional will hold its biennial conference on November 29-December 1, 2023, at the Universidade de São Paulo. The theme is: “Derecho Internacional Latino-Americano/Direito Internacional Latino-Americano/Latin American International Law.” The program is here.

Imseis: The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity

Ardi Imseis
(Queen's Univ., Canada - Law) has published The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity (Cambridge Univ. Press 2023). Here's the abstract:
Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.

Sunday, November 26, 2023

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 35, no. 2, June 2023) is out. Contents include:
  • Annick Pijnenburg, Migration Deals Seen through the Lens of the ICESCR
  • Michel Remi Njiki, Statelessness and Nationality Matters in the context of Migration between Northern Africa and Spain
  • Cecilia Manzotti, Nationality Status Determination in Asylum Procedures under the CEAS and the Potential Impact of the ‘New Pact on Migration and Asylum’
  • Minos Mouzourakis, Adjudication of Procedural Safeguards for Vulnerable Asylum Seekers in Greece: Case Law and Systemic Non-Compliance

Call for Papers: 31th Annual ANZSIL Conference

The Australian and New Zealand Society of International Law has issued a call for papers for its 31th Annual Conference, to be held July 3-5, 2024, at Melbourne Law School. The theme is: "International Law: Crisis, Conflict and Cooperation." The call is here.