- Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law
- Seokwoo Lee, Reflections on the Interpretation and Application of International Law by South Korea, China, and Japan and Leadership in the Formation of International Norms in East Asia
- Seokwoo Lee, Preface to the Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law
- Naoshi Takasugi, Harmonization of Jurisdictional and/or Choice-of-Law Rules: Introduction to the Asian Principles of Private International Law (APPIL) Project
- Yuko Nishitani, Challenges of Private International Law in Asia
- Adeline Chong, “Asian” Principles for the Recognition and Enforcement of Foreign Judgments? Singapore as a Case Study
- Wilson Lui, Asian Private International Law and Hong Kong
- Dai Yokomizo, ILA Guidelines on Intellectual Property and Private International Law
- Zheng (Sophia) Tang, Territoriality and Intellectual Property Infringement Proceedings
- Bui Thi Quynh Trang, Phan Dinh Nguyen, & Nguyen Thi Hong Trinh, Admissibility of ILA Principles on Intellectual Property and Private International Law in Vietnam
Sunday, October 27, 2024
New Issue: Korean Journal of International and Comparative Law
Saturday, October 26, 2024
New Volume: Asian Yearbook of Human Rights and Humanitarian Law
- Part 1 Governance and Accountability
- Nuwani Nirmani Rathugama, Paving the Way for a South Asian Human Rights Mechanism: Lessons Learnt from Regional Human Rights Mechanism with Special Reference to India and Sri Lanka
- Thomas Phillips, The Contradictions of the UK Human Rights Act
- Ben Stanford, Who Watches the Watchmen? Independent Observers, Constitutional Principles and Democratic Accountability
- Harison Citrawan & Sabrina Nadilla, Law, Affective Bureaucracy, and the Registration of Public Satisfaction in Indonesia
- Part 2 Justice and Accountability
- Khanlar Gadjiev & Maria Filatova, General Measures in the Process of Enforcement of International Courts’ Judgments: Between Subsidiarity and Binding Nature
- Ignatius Yordan Nugraha, Deferring to Consensus and Procedural Rationality: Assessing the European Court of Human Rights’ Approach to Majoritarian Will
- M Jashim Ali Chowdhury & Jubaer Ahmed, Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters
- Ashfaquzzaman Chowdhury, ‘Pay First’ to Unlock the Appeal? A Controversial Appeal Provision in the Negotiable Instruments Act, 1881 of Bangladesh
- Part 3 Economic and Social Justice
- Mohammad Towhidul Islam & Nurun Nahar Urmi, Realizing the Right to Property under the Constitution of Bangladesh: Myths and Realities
- Aktieva Tri Tjitrawati, Mochamad Kevin Romadhona, Oemar Moechthar, & Sri Endah Kinasih, The Palu Disaster and Indonesia’s Obligation to Ensure the Right of Adequate Housing and Land Rights: Mission Accomplished?
- Mohammad Abu Taher, Siti Zaharah Jamaluddin, & Tahsin Khan, Protection of Children on the Internet within the Legal Landscape of Bangladesh: An Appraisal
- Part 4 Violence and Accountability
- Zia Akhtar, Rohingyan Muslims, Monism and Expanding the Responsibility to Protect Mechanism
- Lakmali Bhagya Manamperi, Prospects of Environmental Liability before the International Criminal Court: A Case Study on the International Armed Conflict between Russia and Ukraine
- Darul Mahdi, The Problematic Inclusion of a Motive Element in the Indonesian Definition of Terrorism
- Natia Kalandarishvili-Mueller, Reporting from War Zones: How Does International Humanitarian Law Protect Journalists?
Thursday, October 24, 2024
Call for Papers: Imperialism, Sovereignty and the making of International Law; 20 years on
Wednesday, October 23, 2024
Urs: The Elusiveness of “Interdependent Obligations” and the Invocation of Responsibility for Their Breach
Since the adoption in 2001 of the International Law Commission’s ‘Articles on the Responsibility of States for Internationally Wrongful Acts’, attention has been increasingly drawn to the enforcement by states individually of multilateral obligations. The Commission, for its part, addressed the invocation of responsibility for breaches of such obligations by distinguishing between the respective entitlements of ‘an injured State’, under article 42, and ‘a State other than injured State’, under article 48. In line with this distinction, the existing debate has focused largely on clarifying the entitlement of ‘a State other than an injured State’ to invoke responsibility for breaches of obligations owed erga omnes partes or erga omnes, in accordance with article 48. In contrast, little or no attention is paid in the discussion to ‘interdependent obligations’, which, while deemed to constitute a subset of obligations erga omnes partes, were deliberately placed by the Commission in article 42(b)(ii) as multilateral obligations whose breach was said to injure ‘all the other States to which the obligation is owed’. This article lends necessary clarity to this ‘curious category’ of obligations with a view to the distinction between article 42(b)(ii) and article 48, both of which address breaches of multilateral obligations, but which set out different routes to the invocation of responsibility.
Berkes: The obligation to cooperate to protect against serious breaches of the European and American Conventions on Human Rights
This paper discusses the obligation of States to cooperate as a duty that stems from two different areas of international law. First, States are obliged to cooperate under the law of State responsibility, the aim of cooperation within this framework being to bring to an end serious breaches of peremptory norms. The second area is international human rights law and, in particular, the European (ECHR) and the American Conventions on Human Rights (ACHR), as these instruments have been interpreted by the respective regional human rights courts to encompass a procedural obligation for States to cooperate with a view to protect human rights. The paper asks whether the obligation to cooperate, as constructed by the two regional human rights courts, has any overlap with the obligation to cooperate under the law of State responsibility, and, if yes, whether it can and does cross-fertilise the interpretation of the latter. The analysis of the relevant case law provides two affirmative answers. First, there is common space between the obligations to cooperate under the law of State responsibility, the ECHR, and the ACHR. Second, analysis also identifies certain features in the relevant human rights case law that enrich the obligation to cooperate under the law of State responsibility. These features are the effectiveness in the protection of the most fundamental norms and interpretation of the duty to cooperate through systemic integration. Systemic integration is necessary to concretise the conduct States are expected to develop as the obligation to cooperate refers to a rather open list of relevant rules of international law applicable to that State.
Longobardo & Violi: Access to justice for atrocities in the comparison of land-mark cases on state immunity in Brazil and Italy
This article investigates differences and similarities in the approach of Italian and Brazilian domestic courts to the topic of access to justice for atrocities and the role of state immunity, taking particular note of the limited and select dialogue between the two judiciaries and reflecting on the potential for further developments of the customary international law rule on state immunity. To do so, the article first outlines the rule on state immunity and offers an overview of the articulated Italian case law on why state immunity cannot bar access to justice for atrocities, considering the judicial developments occurred after 2004. The paper moves on to describe the recent 2021 decision of the Brazilian Supremo Tribunal Federal, in which the Brazil judiciary seemingly joined the Italian trend against state immunity when atrocities are committed. The two different judicial trends are then compared and analysed, with a discussion on the limited explicit reference to Italian decisions by the Supremo Tribunal Federal. The article concludes the research by describing the likely impact of these judicial trends on future developments on the relationship between access to justice for atrocities and state immunity.
Call for Expressions of Interest: (De-/re-)constructions of International Law over Time and Space
Abel, Beham, Dederer, & Herrmann: Völkerrechtliche Perspektiven auf die internationale Streitbeilegung
Tuesday, October 22, 2024
O'Hara & Paige: Queer Encounters with International Law: Lives, Communities, Subjectivities / Queer Engagements with International Law: Times, Spaces, Imaginings
These sibling edited books apply insights from queer theory to a range of new issues and topics in international law. Queer Encounters explores new issues relating to gender, sexuality and LGBTIQ communities in international law, such as recent contestation over the definition of 'gender' in international criminal and human rights law and the possibility of building an international queer abolitionist movement. In contrast, Queer Engagements moves beyond queer theory's site of origin by applying queer theory to a range of new topics international law not directly related to gender and sexuality, including international environmental law, international space law, international heritage law and travaux préparatoires. These collections will be invaluable to scholars of international law and international relations with an interest in critical approaches in these areas.
Berkes, Collins, & Deplano: Reassessing the Articles on the Responsibility of International Organizations: From Theory to Practice
This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
The editors have brought together a diverse group of legal experts to analyse various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law.
New Issue: Chinese Journal of International Law
- Articles
- Marten Zwanenburg, The Use of OSINT for Military Operations Abroad under International Humanitarian Law and International Human Rights Law
- Yue Zhang & Yuqi Zhou, Reviewing the Necessity Test in a PHEIC: “Least Intrusiveness” or “Reasonable Necessity”
- Comments
- Yury Rovnov, Judicialization of Global Climate Governance: In Defence of the Paris Agreement
- Güneş Ünüvar & Xueji Su, International Legal Governance of Space Resources and the Role of National Frameworks: The Case of China
- Current Developments
- Ignacio de la Rasilla, The Rise in the Participation of Asia Pacific States in the Proceedings of the International Court of Justice (2010-2023)
- Barbara Stępień, Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Francesca Romanin Jacur, L’evoluzione del diritto internazionale dell’ambiente tra prassi successiva e interpretazione giudiziale degli accordi
- Andrea Mensi, The Identification of International Non-Binding Agreements Through the Lens of Subjective and Objective Indicators: Fiction or Reality?
- Luca Martelli, I “paradisi ambientali”: prima che economico, un fenomeno giuridico di diritto internazionale
- Mario Pasquale Amoroso, Convergence and Divergence Between International Humanitarian Law and the Law of Neutrality in Inter-State Military Assistance: Lessons from Recent State Practice in the Russia-Ukraine Conflict
- Rosa Stella de Fazio, Alcune considerazioni sul Trattato a tutela della biosostenibilità marina
- Osservatorio Diritti Umani
- Antonio Alì, Encryption Backdoors on Trial: The Telegram Case Before the European Court of Human Rights
- Grazia Eleonara Vita, Cambiamento climatico e diritti umani. Note alla sentenza della Corte europea dei diritti umani Verein KlimaSeniorinnen e altri c. Svizzera
- Osservatorio Europeo
- Fabiola Massa, La tutela brevettuale del farmaco nell’ordinamento multilivello tra passato e futuro
New Issue: Journal of International Economic Law
- Mira Burri & Kholofelo Kugler, Regulatory autonomy in digital trade agreements
- Alan O Sykes, The utility of appellate review at the WTO and its optimal structure
- Giulia Claudia Leonelli & Francesco Clora, Retooling the regulation of net-zero subsidies: lessons from the US Inflation Reduction Act
- Jie (Jeanne) Huang, The rise of data property rights in China: how does it compare with the EU data act and what does it mean for digital trade with China?
- Jaemin Lee, The automatic termination clause in the Fisheries Subsidies Agreement—brinkmanship for future negotiation or a time bomb for self-destruction?
- Yawen Zheng, Rethinking the ‘Full Reparation’ standard in energy investment arbitration: how to take climate change into account
- Noam Noked & Jingyi Wang, Chinese companies in tax havens
- Anu Bradford, Adam Chilton, & Katerina Linos, Dynamic diffusion
- Marios Tokas, The concept of the level playing field in International Economic Law
New Issue: Ocean Development & International Law
- Hui Wu, International Law Challenges for Underwater Cultural Heritage Protection in the South China Sea
- Andrey Todorov, Potential Contributions of IMO Area-Based Shipping Management and Port State Jurisdiction to the Regulation of Ship-Borne Tourism in Antarctica
- Rob McLaughlin, Different Pacta or Different Servanda? Grey-Zone Lawfare and Law of the Sea-Based Passage and Operational Rights
- Alexandre Pereira da Silva, The Case of the Martin Vaz Rocks and Other Brazilian Offshore Archipelagos: A Further Step Toward the “Territorialization” of the South Atlantic
- Mutaz M. Qafisheh, Eastern Mediterranean Maritime Boundary Delimitation: The Claims of the State of Palestine under UNCLOS
- Suk Kyoon Kim, Challenges to the Capacity-Building of Maritime Domain Awareness (MDA) in East Asia: What Is at Stake?
Monday, October 21, 2024
Mack & Cogan: In Between and Across: Legal History Without Boundaries
- Kenneth W. Mack & Jacob Katz Cogan, Introduction: Rewriting the Boundaries of Legal History
- Part I: The Political Economy of Time
- Matthew Axtell, Views from Rathole Mountain: A Lawscape Journey through Old Virginia
- Donna Dennis, The Rise of Retail Stockholder Litigation and the Creation of the Plaintiff's Bar in American Business Law, 1930-1950
- Felicia Kornbluh, Private Law, Public Welfare, Marital Ideals, and The Gender Binary . . . or, What I Learned at the Socio-Legal Revolution
- Maribel Morey, Power of the Purse: How “the Philanthropic North” Has Helped Determine Which Individuals, Groups, and Ideas in the Black Freedom Struggle Will Thrive Nationally
- Sarah Seo, “Kindred to Treason”: Conspiracy Laws in the United States
- Part II: Law, Space, and Place in History
- Catherine L. Evans, The Case as Episode: Murder and Migration in Colonial Australia
- Maeve Glass, The Chain and the Rope: Illuminating Constitutional Traditions
- Mitra Sharafi, South Asians at the Inns of Court: Empire, Expulsion, and Redemption circa 1900
- Part III: Rethinking Method: Law and Everything Else
- Jessica K. Lowe, “Our Experiences Make Us Who We Are”: Lessons from Thomas Ruffin and Dirk Hartog
- Farah Peterson, Debtor Constitutionalism
- Christina D. Ponsa-Kraus, Roosters and Resistance
- Laura Weinrib, Law, History, and the Interwar ACLU's Jewish Lawyers
Saturday, October 19, 2024
Fach Gómez & Titi: The Award in International Investment Arbitration
The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting.
By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.
New Issue: Global Responsibility to Protect
- Adrian Gallagher, Charles T. Hunt, & Cecilia Jacob, The Responsibility to Protect at an Inflection Point
- Gareth Evans, Atrocity Prevention and Response: Challenges for R2P
- Special Section: Cyberspace and the Responsibility to Protect
- Rhiannon Neilsen, Cyberspace and the Responsibility to Protect Populations from Atrocity Crimes
- Federica D’Alessandra & Ross James Gildea, Technology, R2P, and the UN Framework of Analysis for Atrocity Crimes
- Talita Dias, Finding Common Ground: the Right to Be Free from Incitement to Discrimination, Hostility, and Violence in the Digital Age
- Savita Pawnday, Digital Technologies and Atrocity Risks
Friday, October 18, 2024
Moremen: Perceptions of State: The US State Department and International Law
Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.
Conversation on "Feminist Theory and International Law: Posthuman Perspectives"
Lecture: Dill on “International Law in Gaza: Belligerent Intent & Provisional Measures”
Kulamadayil: Global Starvation Governance and International Law
Lys Kulamadayil reflects on the concept of starvation in international law, and argues that contemporary understandings have been distorted by the classification of “famine” in purely technical terms, obscuring the intentional use of starvation as a tactic of war, erasure and genocide.
New Issue: International & Comparative Law Quarterly
- Articles
- Richard L. Kilpatrick, Jr, Revisiting the Five-Powers War Risk Exclusion
- Kathryn Greenman, Of War and International Investment Law
- Harry Hobbs & Donald Rothwell, Towards a Legal Era of Islands: The International and Constitutional Legal Status of Island Territories
- Douglas Guilfoyle & Joanna Mossop, The Extent and Legitimacy of the Judicial Function in UNCLOS Dispute Settlement
- Delia Ferri, Iryna Tekuchova, & Eva Krolla, Between Disability and Culture: The Search for a Legal Taxonomy of Sign Languages in the European Union
- Kanstantsin Dzehtsiarou & Niccolò Ridi, The Use of Scholarship by the European Court of Human Rights
- Shorter Articles
- Mauro Arturo Rivera León, Voting Protocols as Informal Judicial Institutions: The Politics of Enforceability and Strategic Breaching
- Christian Henderson, US and UK Military Strikes in Yemen and the Jus Ad Bellum
- Yingfeng Shao, Laura Carballo Piñeiro, Maximo Q Mejia, Jr, A Newcomer to Maritime Law: The Beijing Convention on the International Effects of Judicial Sales of Ships
New Issue: Nordic Journal of Human Rights
- Yulia Dergacheva, A Critical Engagement with the Conceptualization of Sexual Harassment in International Human Rights Law
- Klaus D. Beiter, Open Access ‘Unaccomplished’ – Reforming Copyright or Reconceptualizing Science? Access to Scholarly Publications under a (Reinterpreted) Right to Science
- Tomas Wedin & Carl Wilén, Historicizing the Historical Turn in Human Rights Studies: Origins, Inequality, and Neoliberalism in the Modern Epoch
- Elin Skaar & Aaron John Spitzer, Conceptualizing the Legitimacy of Non-Transitional Truth Commissions: Norway and Canada Compared
- Muyiwa Adigun, Companies’ Human Rights: The Implications for a Human Rights Approach to Climate Change Litigation in South Africa
- Kateryna Zakomorna, Oleksandr Poproshaiev, Olena Poproshaieva, Viktor Muntian & Anna Prikhodko, Legal Guarantees of Physical Activity as Determinants of the Human Right to Health: The Ukrainian Experience in the European Integration Context
- Puskar R. Joshi, Zohreh R. Eslami & Hector H. Rivera, New Constitution in Nepal: Fundamental Freedoms and Educational Rights Provisions, and Implications for Dalits’ Schooling
Call for Papers: 2025 ILA-ASIL Asia-Pacific Research Forum
Thursday, October 17, 2024
New Issue: American Journal of International Law
- Articles
- Ingrid Brunk & Monica Hakimi, The Prohibition of Annexations and the Foundations of Modern International Law
- Joanna Jarose, A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond
- International Decisions
- Ibrahim A. Alturki, R (on the Application of PACCAR Inc. and Others) v. Competition Appeal Tribunal and Others, [2023] UKSC 28
- Lauri Mälksoo, Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment
- Tomasz Jaroszyński, European Parliament v. European Commission, Case C-137/21, Judgment
- Contemporary Practice of the United States Relating to International Law
- The Department of State Announces Initiatives to Counter Foreign State Information Manipulation
- The United States Designates the Overthrow of Niger's Government a “Coup d'Etat”
- New Compact of Free Association Agreements with Micronesia, the Marshall Islands, and Palau Approved by Congress
- President Biden Issues Memorandum Requiring Assurances from Recipients of U.S. Military Aid and the State and Defense Departments Certify Israel's Compliance
- The UN General Assembly Adopts U.S.-Led Resolution on Safe, Secure, and Trustworthy Artificial Intelligence
- The United States Comments on Matters Pending at the International Court of Justice and the International Criminal Court Pertaining to the Israeli-Palestinian Conflict
- Recent Books on International Law
- J. Benton Heath, Neutrality and Governance in a Weaponized World
- Natsu Taylor Saito, reviewing Race and National Security, edited by Matiangai V. S. Sirleaf
- Kal Raustiala, reviewing Digital Empires: The Global Battle to Regulate Technology, by Anu Bradford
- Annyssa Bellal, reviewing Rebel Courts: The Administration of Justice by Armed Insurgents, by René Provost
Conference: Forty-Second Investment Treaty Forum Public Conference
New Issue: International Theory
- Scott Wolford & Toby J. Rider, Weak sovereignty and interstate war
- Patrick J. McDonald & Kevin Galambos, Trilateral politics in hierarchy, war, and state formation
- Kate Yoon, The many faces of sovereignty
- David Lefkowitz, A new philosophy for international legal skepticism?
- Tim Beaumont, John Stuart Mill on the Suez Canal and the limits of self-defence
Von Bernstorff: L’essor et la chute du droit international humanitaire
Les règles de protection des civils ont toujours été au cœur du droit de la guerre (ius in bello). La codification de ces règles a commencé dans la seconde moitié du 19e siècle, à l'apogée de l'impérialisme européen, et s'est poursuivie après les deux guerres mondiales et pendant la guerre froide. Malgré cela, le nombre de civils tués à la guerre n'a cessé d'augmenter jusqu'à aujourd'hui.
L'expert en droit international Jochen VON BERNSTORFF décrit l'essor et la chute des règles de protection des civils en temps de guerre.
Wednesday, October 16, 2024
Seminar Series: Thinking Gender, History and International Law
New Issue: International Legal Materials
- Views adopted under art. 31 of the Convention, concerning Commc'n No. 4/2021 (U.N. Comm. Enforced Disappearances), with introductory note by Ariel Dulitzky
- Convention on Int'l Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes, with introductory note by Hilly Moodrick-Even Khen
- Case C-632/20 P, Spain v. Eur. Comm'n (C.J.E.U.), with introductory note by Eva Kassoti
- Foreign Relations Law of the People's Republic of China, with introductory note by Zheng Tang
- R (AAA (Syria) and Others) v. Secretary of State for the Home Dep't (UKSC), with introductory note by Guy S. Goodwin-Gill
Tuesday, October 15, 2024
Call for Papers: 20th Annual Conference of the European Society of International Law
Monday, October 14, 2024
Carballo Piñeiro & Mejia: The Elgar Companion to the Law and Practice of the International Maritime Organization
This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans.
Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.
Sunday, October 13, 2024
Bradley: Historical Gloss and Foreign Affairs: Constitutional Authority in Practice
In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”
Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.
Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.
Saturday, October 12, 2024
New Issue: Yale Journal of International Law
- Sophie Eastwood, Investment Arbitration and Environmental Protection: Irreconcilable Interests or Mutual Adaptation?
- Zohra Ahmed, The Price of Consent
- Patryk I. Labuda, Countering Imperialism in International Law: Examining the Special Tribunal for Aggression against Ukraine through a Post-Colonial Eastern European Lens
Friday, October 11, 2024
New Issue: Intergovernmental Organisations In-House Counsel Journal
- Isabella Micali Drossosa & Lou M.C. Granier, Intersections between Female Genital Mutilation, the Rule of Law and the UN Sustainable Development Goals
- Divya Chawla, Accelerating Alignment with the Paris Agreement in the Financial Sector
- Alison Jensen & Jack Nichols, IFFIm: a Unicorn or a Road Map?
- Tom Edmondston-Low, Shaping IFI Systems: Board Governance and the Way Forward
- Michal Horelik, Creditor Protection through Choice of Governing Law
- Philemon Iko-Ojo Omede & Ntayi Anfani Bandawa, Corporate vs Individual Credit Default: A Systemic Risk Argument for Individual Bailouts
Thursday, October 10, 2024
Aust, Krieger, & Lange: Research Handbook on International Law and Domestic Legal Systems
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.
AJIL Unbound Symposium: Unsettling the Sovereign “Right to Exclude”
van Aaken & Hirsch: Introduction: International Legal Theory & the Cognitive Turn
Cognitive and behavioural studies are making inroads into international law literature and international policy-making; yet their implications for international legal theory remain under- explored. This book is premised on the assumptions that first, human cognition affects the perceptions and behaviour of real-world international law decision-makers; and second, that cognitive processes matter in how international law is formed, interpreted, implemented, and theorized. The book's chapters set out to unearth if and how implicit or explicit assumptions about human cognition are present in various international legal theories; as well as if and how these theoretical approaches can be informed and potentially modified by cognitive studies. Following a succinct discussion on the ‘cognitive turn’, the Introduction briefly addresses somecentral terminological and conceptual issues of cognitive and behavioural studies used in the following chapters. It also exposes some key concepts of cognitive-behavioural studies, sheds light on various interactions between the latter studies and some prominent properties of international legal theories, and provides brief summaries of the book’s chapters.
Panel: International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles
Wednesday, October 9, 2024
Call for Papers: In Search of Second World Approaches to International Law (SWAIL)
Workshop: The United Nations on the Eve of Its 80th Anniversary: Contestation, Resilience and Change
ASIL: Proceedings of the 117th Annual Meeting
New Issue: African Journal of International Criminal Justice
- Lorraine Smith-van Lin, Heard or Ignored: African States’ Priorities and the Independent Expert Review of the ICC
- Charles C. Jalloh, The ICC Reform Process from the Perspective of African States Parties to the Rome Statute Better Late Than Never
Tuesday, October 8, 2024
New Issue: Climate Law
- Thomas L. Muinzer, A Survey of Climate Change Law in the United Kingdom
- Andreas Hösli & Meret Rehmann, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: the European Court of Human Rights’ Answer to Climate Change
- Alexander Zahar, With Swiss Seniors the Climate-Litigation Movement Chalks up Another Hollow Victory
Monday, October 7, 2024
Call for Papers: Customary IHL: Revisiting the ICRC's Study at 20 (Young Researchers)
New Issue: Harvard International Law Journal
- Kishanthi Parella, Enforcing International Law Against Corporations: A Stakeholder Management Approach
- Eliav Lieblich, Whataboutism in International Law
- Adi Gal, Human Remedies
- Moria Paz, Toward a Taxonomy of Freedom of Movement Claims: Identifying Rights-Based Pathways for Today’s Refugees Beyond the 1951 Refugee Convention
Sunday, October 6, 2024
New Issue: Ethics & International Affairs
- Roundtable: Ethics and the War against Ukraine
- Christian Nikolaus Braun, Introduction: Ethics and the War against Ukraine
- Neil Renic, The Cost of Atrocity: Strategic Implications of Russian Battlefield Misconduct in Ukraine
- James Pattison, Ukraine, Wagner, and Russia's Convict-Soldiers
- Sophia Anastazievsky, What We Owe to Ukrainians: A Moral Perspective on Nuclear Coercion and Military Intervention
- Christian Enemark, Returning the War to Russia: Drones and Discrimination in the Defense of Ukraine
- Lonneke Peperkamp, Technology and the Civilianization of Warfare
- Features
- Eglantine Staunton & Cecilia Jacob, A Responsibility to Support Civilian Resistance Movements? Broadening the Scope of Nonviolent Atrocity Prevention
- J. S. Maloy, Beyond Crisis and Emergency: Climate Change as a Political Epic
Saturday, October 5, 2024
Yilmazcan: Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China
By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.
Friday, October 4, 2024
New Issue: Questions of International Law
- What can international justice do to stop the war? An editorial and a question
- Introduced by Maurizio Arcari and Beatrice Bonafé
- Jeffrey L. Dunoff, International justice cannot stop the war. What can?
- Anne Lagerwall, Can international justice fight the fait accompli of wars?
- Pierre D'Argent, International Law as a System of Claims
Thursday, October 3, 2024
Call for Submissions: Irish Yearbook of International Law
Call for Submissions
1 - Call for Papers
The Editors of the Irish Yearbook of International Law invite submissions on any area of public or private international law for publication as an article in the Yearbook. Submissions are normally 10,000 to 12,000 words in length, although longer pieces will be considered. Submissions, comprising a brief 100-word abstract, article referenced in OSCOLA style, and confirmation of exclusive submission, should be sent to James Gallen (james.gallen@dcu.ie) by 31 October 2024.
2 - IYBIL Student Prize The IYBIL Student Prize will be awarded to the best submission written by an individual enrolled in a degree programme at the time of submission. The winner will receive a book prize generously sponsored by Hart Publishing, and their article will be published in the next edition of the Yearbook. Please submit your paper as per the call for papers above, indicating if you would like to be considered for the IYBIL Student Prize.
3 - Book reviews
The Editors are happy to consider books written by authors from anywhere in the world and on any topic loosely within the theme of International Law. This is a great opportunity for Early Career Researchers in particular to learn about the publishing process. If the Editors agree to publish a review, they will arrange for a free book to be sent to the reviewer. Potential reviewers should get in touch with Bríd Ní Ghráinne (brid.nighrainne@mu.ie) with the name of the book they would like to review by 31 October 2024.
New Issue: Harvard International Law Journal
- Yuji Iwasawa, Various Means of Enforcement in International Law
- Kathleen Claussen, Trade Policing
- Naz Khatoon Modizadeh,"Let Us All Agree to Die a Littke": TWAIL's Unfulfilled Promise
- Weijia Rao, Large Corporations and Investor-State Arbitration
- Gregory H. Fox & Noah B. Novogrodsky, Of Looting, Land, and Loss: The New International Law of Takings
Sunday, September 29, 2024
McDermott: Proving International Crimes
Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well-known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In offering a comprehensive account of the law and practice of evidence before international criminal courts and tribunals to date, as well as recommendations for future practice, this book aims to inform domestic, regional, and international accountability processes for crimes going forward.
This book demonstrates that, owing to the flexibility built in to the legal and procedural frameworks of international criminal courts and tribunals, the law of international criminal evidence is often unpredictable and uncertain. To this end, McDermott argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.
Saturday, September 28, 2024
New Issue: Transnational Environmental Law
- Editorial
- Thijs Etty, Josephine van Zeben, Harro van Asselt, Leslie-Anne Duvic-Paoli, Sébastien Jodoin, & Leonie Reins, The Complexity of Transnational Environmental Law
- Articles
- Valentin Schatz, Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law
- Birsha Ohdedar, Law, Colonial-Capitalist Floods, and the Production of Injustices in Eastern India: Insights for Climate Adaptation
- Joris van Laarhoven & Rens Claerhoudt, A New Leaf: Is It Time to De-objectify Plants in Private Law?
- Manolis Kotzampasakis & Edwin Woerdman, The Legal Objectives of the EU Emissions Trading System: An Evaluation Framework
- Xiaohan Gong, Rainer Quitzow, & Anatole Boute, Developing China's Hydrogen Economy: National Regulation Through Local Experimentation
- Aarti Gupta, Frank Biermann, Ellinore van Driel, Nadia Bernaz, Dhanasree Jayaram, Rakhyun E. Kim, Louis J. Kotzé, Dana Ruddigkeit, Stacy D. VanDeveer, & Margaretha Wewerinke-Singh, Towards a Non-Use Regime on Solar Geoengineering: Lessons from International Law and Governance
- Niamh Guiry, Why Do States Adhere to the Sustainable Development Goals?
- Violet Ross & Lucila de Almeida, Refining Reflexive Environmental Law by Nature and Nurture: Autonomy, Accountability, and Adjustability
Conference: Standards of Conduct and Accountability in Military Activities, the Role of Military Law and International Humanitarian Law, and the Importance of Preventing Armed Conflicts
Call for Papers: ANZSIL International Economic Law Interest Group Workshop
Friday, September 27, 2024
New Issue: Leiden Journal of International Law
- International Legal Theory
- Laura Mai, Navigating transformations: Climate change and international law
- Keri van Douwen, Seventeen men at Lake Success: In search of the International Law Commission
- Matthias Goldmann, The ambiguity of colonial international law: Three approaches to the Namibian Genocide
- Andreas Kotsakis, Beyond the machinery metaphors: Towards a theory of international organizations as machines
- Juho Aalto, BinaryTech in motion: The sexgender in the European Court of Human Rights jurisprudence
- Thomas Schultz, International law in the minds: On the ideational basis of the making, the changing, and the unmaking of international law
- International Law and Practice
- Sean Molloy, The Committee on the Rights of the Child and Article 12: Applying the Lundy model to treaty body recommendations
- Alison Duxbury, Rewriting the law of international organizations: Whither the Asia Pacific?
- International Criminal Courts and Tribunals
- Kate McInnes, Seeking victim-centred accountability for violence against persons with disabilities at the United Nations Independent International Commission of Inquiry for Ukraine
- Christos Papachristopoulos, On the punitive nature of ICC reparations orders
New Issue: World Trade Review
- Symposium: Dispute Settlement Inside and Outside of the WTO
- Chad P. Bown & Petros C. Mavroidis, Things Have Changed: Dispute Settlement Inside and Outside of the WTO in 2022
- Mona Pinchis-Paulsen, Kamal Saggi, & Petros C. Mavroidis, The National Security Exception at the WTO: Should It Just Be a Matter of When Members Can Avail of It? What About How?
- Stratos Pahis, Appeals after the Appellate Body
- Neeraj Rajan Sabitha, Adjudicating Sustainability Standards under FTAs: Labouring the Point Home
- Chad P. Bown & Kathleen Claussen, The Rapid Response Labor Mechanism of the US–Mexico–Canada Agreement
- Original Articles
- Yoshiko Naiki, Smart Cities and International Trade Law
- Ana Peres, Transience of (In)Formality: The Role of the Joint Initiatives in Reforming the WTO Negotiations
- Sunayana Sasmal, Dongzhe Zhang, Emily Lydgate, & L. Alan Winters, Exempting Least Developed Countries from Border Carbon Adjustments: Simple Economically but Complex Legally
Thursday, September 26, 2024
Call for Papers: Multilateralism and the making of international law: Marine biodiversity in areas beyond national jurisdiction
Call for Submissions: Revue québécoise de droit international
Webinar: The Role of Transitional Justice in the Context of Counter-Terrorism: Opportunities and Challenges
Panel Discussion: Secondary Sanctions and the International Legal Order
Hoffmann: Between Politics and Justice: International Criminal Law in Hungary
This article gives an overview of the application of international criminal law norms in the Hungarian legal system in the post-World War II. era. It introduces history's first domestic criminal trial against a former head of state for the crime of aggression in front of the Hungarian People's Tribunals; the origins of the widespread adoption of universal jurisdiction by socialist countries; how international law was used to prosecute crimes against humanity committed in the communist era and later instrumentalized to serve as an anti-communist tool; and how and why the first ever trial based on universal jurisdiction in Eastern Europe was conducted in Budapest.
Call for Submissions: Cyber Law Toolkit
Webinar: From Barriers to Abuse: Border Hardening and Torture Allegations
New Issue: International Environmental Agreements: Politics, Law and Economics
- Kyle S. Herman, Doomed to fail? A call to reform global climate governance and greenhouse gas inventories
- Heiner von Luepke, Karsten Neuhoff, & Catherine Marchewitz, Bridges over troubled waters: Climate clubs, alliances, and partnerships as safeguards for effective international cooperation?
- K. B. Mantlana, M. Ndiitwani, & S. Ndhlev, A perspective on the significance of reporting climate change adaptation information to the united nations framework convention on climate change e
- Ina Tessnow-von Wysocki & Alice B. M. Vadrot, Pathways of scientific input into intergovernmental negotiations: a new agreement on marine biodiversity
- Sachin Kumar Sharma, Paavni Mathur, Ahamed Ashiq Shajahan, Lakshmi Swathi Ganti, & Alisha Goswami, WTO negotiations and repurposing agriculture subsidies for a sustainable future
- Margot Hurlbert & Joyeeta Gupta, The split ladder of policy problems, participation, and politicization: constitutional water change in Ecuador and Chile
- Elif Oral, The environmental rule of law and the protection of human rights defenders: law, society, technology, and markets
- Tom Barry, Arctic wetlands, an evaluation of progress towards implementation of the Ramsar convention on wetlands: 1978–2022
- Pradip Kumar Sarker, Lukas Giessen, Max Göhrs, Sohui Jeon, Minette Nago, Fredy David Polo-Villanueva, & Sarah Lilian Burns, The forest policy outputs of regional regimes: a qualitative comparative analysis on the effects of formalization, hegemony and issue-focus around the globe
- Flavia Fabiano, Yixian Sun: Certifying China: the rise and limits of transnational sustainability governance in emerging economies
New Issue: London Review of International Law
- Articles
- Henrietta Zeffert, ‘Nowhere home’
- Juliana Santos de Carvalho, Doing legality as doing drag: the Yogyakarta Principles and the productive power of performing international law-making
- Céline Hocquet, Tracking the civilising mission’s continuities in externalised migration controls: a critical analysis of EU cooperation with third countries
- Section Three
- Tor Krever, Marina Veličković, Frédéric Mégret, Karen Engle, Fionnuala Ní Aoláin, Robert Knox, Shahd Hammouri, John Quigley, Nora Jaber, Sophie Rigney, Sara Kendall, Clare da Silva, Christine Schwöbel-Patel, Nahed Samour, Michelle Burgis-Kasthala, Ruti G Teitel, Outi Korhonen, Bill Bowring, Lori A Allen, David Chandler, Vasuki Nesiah, Ilan Pappé, Michael Fakhri, Zinaida Miller, Mark A Drumbl, Hani Sayed, Ntina Tzouvala, Daniel Joyce, Costas Douzinas, Souheir Edelbi, Florian Hoffmann, Zeina Jallad, Arnulf Becker Lorca, Alaa Hajyahia, Reshard L Kolabhai, Teresa Almeida Cravo, Madelaine Chiam, Francisco-José Quintana, Laura Betancur-Restrepo, Fabia Fernandes Carvalho, Lys Kulamadayil, Darryl Li, John Reynolds, Abdelghany Sayed, Luis Eslava, Jessica Whyte, Martin Clark, Richard Clements, Christopher Gevers, Ihab Shalbak, Justina Uriburu, Umut Özsu, Gleider Hernández, & Immi Tallgren, On international law and Gaza: critical reflections