SFDI: La participation aux organisations internationales

The Société française pour le droit international has published La participation aux organisations internationales : Etat des lieux et perspectives - Journée de Lyon (Pedone 2024). The table of contents is here.

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 19, no. 3, September 2024) is out. Contents include:

• Special Issue: The Power of the Weak
• Duncan Snidal, Thomas Hale, Emily Jones, Claas Mertens & Karolina Milewicz, The power of the “weak” and international organizations
• Lauren L. Ferry & Alexandra O. Zeitz, The power of having powerful friends: Evidence from a new dataset of IMF negotiating missions, 1985-2020
• Katherine M. Beall, Empowering to constrain: Procedural checks in international organizations
• Susanna P. Campbell & Aila M. Matanock, Weapons of the weak state: How post-conflict states shape international statebuilding
• Julia C. Morse & Bridget Coggins, Your silence speaks volumes: Weak states and strategic absence in the UN General Assembly
• Andrew Lugg, Re-contracting intergovernmental organizations: Membership change and the creation of linked intergovernmental organizations
• Michael W. Manulak, The sources of influence in multilateral diplomacy: Replaceability and intergovernmental networks in international organizations
• Rafael Mesquita, The only living guerrillero in New York: Cuba and the brokerage power of a resilient revisionist state

Arimatsu & Chinkin: Gendered Peace through International Law

Louise Arimatsu (London School of Economics - Centre for Women, Peace and Security) & Christine Chinkin (London School of Economics - Centre for Women, Peace and Security) have published Gendered Peace through International Law (Hart Publishing 2024). Here's the abstract:

Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book.

In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way.

Oette: The Transformation of the Prohibition of Torture in International Law

Lutz Oette (SOAS Univ. of London - Law) has published The Transformation of the Prohibition of Torture in International Law (Oxford Univ. Press 2024). Here's the abstract:

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law.

The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

Call for Papers: ASIL International Economic Law Interest Group Biennial Conference

The American Society of International Law International Economic Law Interest Group has issued a call for papers for its biennial conference, which will take place May 16-17, 2025, at University of Michigan Law School. The theme is: “New Tools Instead of Old Rules? The Changing Instruments of International Economic Law.” The call is here.

New Issue: Asia-Pacific Journal of Ocean Law and Policy

The latest issue of the Asia-Pacific Journal of Ocean Law and Policy (Vol. 9, no. 1, 2024) is out. Contents include:

• Clive Schofield, Yucong Wang, & I Made Andi Arsana, Drawing the Dragon’s Claw: China Declares Territorial Sea Baselines in the Gulf of Tonkin
• Long Thang Tran, ASEAN Legal Framework for Cooperation against Illegal, Unreported and Unregulated Fishing (IUU): Significance, Challenges and Proposed Solutions
• Hao Shen, Towards an Integrated Legal Regime for Data and Sample Regulation under China’s Deep Seabed Mining Law
• Yu Luan, Cabotage Law Coordinately Applied Based on ‘One Country, Two Systems’ in Guangdong-Hong Kong-Macao GBA
• Clive Schofield & Frances AnggadiThe Australia-Tuvalu Falepili Union Treaty: Opportunities and Controversies

Call for Papers: Balancing Contradicting Human Rights Obligations in Armed Conflicts and Counter Terrorism

The Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa's Faculty of Law and School of Environmental Sciences, in collaboration with the Institute of Law and Technology at Masaryk University, have issued a call for papers for a workshop on "Balancing Contradicting Human Rights Obligations in Armed Conflicts and Counter Terrorism," to take place December 2-4, 2024, in Prague. The call is here.

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 15, no. 2, 2024) is out. Contents include:

• Sebastian Meyer, Toleration in the European Union: a forgotten virtue
• Richard Clements, Professional field-work: constructing global health law as an ‘emerging field’
• Luiza Leite de Queiroz, A link without a right, or ubi nexus, ibi jus (?): international human rights instruments & international tax policy
• Clemens M Rieder, The construction of social Europe through transnational equality
• Franco Peirone, All in good time: temporal forms of public law decisions
• Joseph Parampathu, From securities to currencies: the regulatory consequences of adopting cryptocurrencies as legal tender

Call for Papers: EU Trade and Investment Law Workshop – "Questioning Economic Security"

The Utrecht Centre for Regulation and Enforcement in Europe has issued a call for papers for the third edition of its informal workshop on EU trade and investment policy, to take place on December 6, 2024. The topic is: "Questioning Economic Security." The call is here.

Call for Papers: 2025 ESIL Research Forum

A call for papers has been issued for the 2025 ESIL Research Forum, which will take place March 20–21, 2025, and hosted by the Department of Law of the University of Catania. The topic is: “International Law in the Age of Permacrisis.” The Forum targets scholars at an early stage of their careers. The call is here. The deadline is September 30, 2024.

Call for Papers: The Gaza War and International Law: Norms and Institutions

A call for papers has been issued for the 19th Annual Minerva Conference on International Humanitarian Law, to take place December 17-18, 2024, at the Hebrew University of Jerusalem’s Minerva Center for Human Rights. The theme is: "The Gaza War and International Law: Norms and Institutions." The call is here.

Sivakumaran & Burne: Making and Shaping the Law of Armed Conflict

Sandesh Sivakumaran (Univ. of Cambridge - Law) & Christian R. Burne (U.S. Military Academy) have published Making and Shaping the Law of Armed Conflict (Oxford Univ. Press 2024). Here's the abstract:

How laws are created, shaped, and applied is a significant but often overlooked component of studies on armed conflict. Almost every contentious legal question involves aspects of law-making and shaping, be it the determination of a rule's scope of application, whether and how to regulate a “new” situation, or determining which sources and materials to take into account. As such, all who operate in this space - whether academic, practitioner, policy-maker, or legal advisor - must appreciate and understand the forces, factors, and actors which converge to make and shape the ever-developing law of armed conflict.

This volume brings together several key contributors to explore this making and shaping in depth. A variety of aspects of law-making and shaping are analyzed, from the methodology behind identifying principles and rules of law, to what weight should be given to the views of particular actors, to the various forums where the law is made and shaped. It examines foundational materials of the law of armed conflict including the 1949 Geneva Conventions and considers the influence of a wide scope of actors, ranging from States, the International Committee of the Red Cross, and international courts and tribunals through to expert groups, commissions of inquiry, and non-state armed groups. This volume also asks us to broaden our gaze beyond spaces where the law is traditionally created to uncover different types of making and unmaking.

McLachlan: The Principle of Systemic Integration in International Law

Campbell McLachlan (Univ. of Cambridge - Law) has published The Principle of Systemic Integration in International Law (Oxford Univ. Press 2024). Here's the abstract:

International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed.

The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice.

The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals.

New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre

The latest issue of the Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre (Vol. 62, no. 1, 2024) is out. Contents include:

• Pauline Charlotte Janssens, Internal legitimacy as a benchmark criterion for the inclusion of NSAGs in the making of IHL
• Steven van de Put & Anne-Rixt E Siemensma, A giant leap for humankind: bridging space law and international humanitarian law
• Special Issue: The law applicable to the use of biometrics by armed forces
• Sebastian Cymutta, Steven van de Put, & Marten Zwanenburg, Introduction to the Special issue on the law applicable to the use of biometrics by armed forces
• Rigmor Argren, Protection of biometric private life under the European Convention on Human Rights and the law of armed conflict
• Yang Liu, From Russian filtration operations to the lex ferenda of belligerent occupation: how to protect biometrics and privacy in occupied territories?
• Lauren Sanders & Penny Saultry, Biometrics and new and emerging technologies – future challenges in the use of biometric data in the conduct of military operations

Wentker: Party Status to Armed Conflict in International Law

Alexander Wentker (Max Planck Institute for Comparative Public Law and International Law) has published Party Status to Armed Conflict in International Law (Oxford Univ. Press 2024). Here's the abstract:

The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict.

Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties').

New Issue: Journal of the History of International Law / Revue d'histoire du droit international

The latest issue of the Journal of the History of International Law / Revue d'histoire du droit international (Vol. 26, no. 2, 2024) is out. Contents include:

• León Castellanos-Jankiewicz, A New History for Human Rights: Conflict of Laws as Adjacent Possibility
• Işıl Aral, International Lawyers as Hope Mongers: How Did We Come to Believe That Democracy Was Here to Stay?
• Benoît Saint-Cast, The Twilight of the Law of the Fairs: Inventing International Cooperation on Bankruptcies in Early Modern Europe (Lyon, 1660–1710)

Dothan: Standards of Review in International Courts

Shai Dothan (Univ. of Copenhagen - Law) has posted Standards of Review in International Courts (in Research Handbook on Accountability for Human Rights Violations, Kristin Henrard & Michelle Duin eds., forthcoming). Here's the abstract:

International human rights courts review applications brought before them by victims and these courts need to determine whether the facts they describe constitute violations of human rights norms. They fulfill this task in a world of scarce resources, under a potential threat of backlash, and without being immune from error. The decision processes of human rights courts like the European Court of Human Rights (ECtHR) take these conditions into account. Not all cases are treated the same way. The margin of appreciation doctrine allows the ECHR to defer to some state actions, and this margin can be narrowed or widened by the court. This is a doctrine of subsidiarity: it allows the ECHR to defer in some cases and intervene in others. Similar doctrines are available for other international courts. For example, the Court of Justice of the European Union (CJEU) adopted a similar doctrine of deference. There are also cases in the Inter-American Court of Human Rights (IACtHR) and the African Court of Human and Peoples’ Rights (ACtHPR) that follow the ‘margin of appreciation logic’. Even the United Nations Human Rights Committee (UN HRC) that officially rejected the margin of appreciation doctrine has ended up using similar legal techniques. The literature has investigated different ways to adjust the margin of appreciation to the standards of review that are proper in particular circumstances. Among the techniques investigated in this chapter are widening the margin of appreciation when the procedures of adjudication and legislation in the state have been adequately conducted and narrowing the margin in cases that involve a potential democratic failure — situations in which social groups are expected not to have sufficient power in representative bodies. The chapter will discuss the normative desirability as well as the political feasibility of different techniques and some criticism on the ways in which courts have applied these techniques in the past.

Guntrip: Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law

Edward Guntrip (Univ. of Sussex - Law) has published Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law (Brill | Nijhoff 2024). Here's the abstract:

Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.

Delev: Going Forward by Staying Put: The Political Economy of Stabilizing Trade Agreements and Initiatives

Christian Delev (Univ. of Bristol - Law) has posted Going Forward by Staying Put: The Political Economy of Stabilizing Trade Agreements and Initiatives. Here's the abstract:

Increasingly, States are entering into trade agreements or negotiating initiatives which sustain Parties’ existing market access commitments and ‘behind-the-border’ regulatory barriers to trade. This article examines the political economy of such stabilizing trade agreements or initiatives (STAIs). First, it provides a functional account of what STAIs are as legal instruments and maps the formal diversity of such arrangements. Second, the article addresses how they may meaningfully support the welfare-enhancement and international security protection objectives typically pursued by international trade agreements. Finally, it shows how, unlike liberalizing trade agreements, STAIs rely on three core governance functions: i) stabilize economic actor expectations when liberalization commitments between trade partners are rebalanced, ii) facilitate regulatory and political cooperation between trade partners, and iii) create a first mover’s advantage for (coalitions of) trade partners in setting new rules of economic governance.

New Issue: Review of European, Comparative & International Environmental Law

The latest issue of the Review of European, Comparative & International Environmental Law (Vol. 33, no. 2, July 2024) is out. Contents include:

• Special Issue: Law in a hyperconnected world: Joining the dots for sustainable futures
• Katherine Owens & Hannah James, Embedding technology at the grassroots: Strategies for localising technology transfer under the UNFCCC technology mechanism
• Pasha L. Hsieh, Shaping green regionalism: New trade law approaches to environmental sustainability
• Ying Zhu, A quasi-normative conflict: Resolving the tension between investment treaties and climate action
• Tien Dat Hoang, Reassessing environmental protection in international investment agreements: The case of Vietnam
• Rachel Phang & Yaru Chia, Sustainability and the sunlight of disclosure: ESG disclosure in three Asian financial centres
• Asanka Edirisinghe & Sandie Suchet-Pearson, Nature as a sentient being: Can rivers be legal persons?
• General Articles
• Clemens Kaupa, Is it still permissible under EU law to issue new permits for oil and gas extraction?
• Mingzhe Zhu & Liyuan Fan, A comparative study of the judicial construction of scientific credibility in climate litigation
• Michael Kalis & Anna-Lena Priebe, The right to climate protection and the essentially comparable protection of fundamental rights: Applying Solange in European climate change litigation?
• Pontian Okoli & Etisang Abraham, In search of a sustainable future: A comparative assessment of climate change regimes in Nigeria and Kenya
• Lovleen Bhullar, Green public procurement of pharmaceuticals as a regulatory response to antimicrobial resistance and its compatibility with the WTO Agreement on Government Procurement
• Wen Duan & Luoyi Shen, The role of environmental impact assessments in the establishment and management of marine protected areas under the UNCLOS and the BBNJ Agreement
• Jinyuan Su & Yanan Shi, The precautionary approach and challenges posed by mega-constellations
• Case Note
• Louise du Toit, Caiphas Soyapi, & Louis J. Kotzé, David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa

Tucker: Global Discord: Values and Power in a Fractured World Order

Paul Tucker has published Global Discord: Values and Power in a Fractured World Order (Princeton Univ. Press 2024). Here's the abstract:

Can the international economic and legal system survive today’s fractured geopolitics? Democracies are facing a drawn-out contest with authoritarian states that is entangling much of public policy with global security issues. In Global Discord, Paul Tucker lays out principles for a sustainable system of international cooperation, showing how democracies can deal with China and other illiberal states without sacrificing their deepest political values. Drawing on three decades as a central banker and regulator, Tucker applies these principles to the international monetary order, including the role of the U.S. dollar, trade and investment regimes, and the financial system.

Combining history, economics, and political and legal philosophy, Tucker offers a new account of international relations. Rejecting intellectual traditions that go back to Hobbes, Kant, and Grotius, and deploying instead ideas from David Hume, Bernard Williams, and modern mechanism-design economists, Tucker describes a new kind of political realism that emphasizes power and interests without sidelining morality. Incentives must be aligned with values if institutions are to endure. The connecting tissue for a system of international cooperation, he writes, should be legitimacy, creating a world of concentric circles in which we cooperate more with those with whom we share the most and whom we fear the least.

Saliternik & Shlomo Agon: Proactive International Law

Michal Saliternik (Netanya Academic College - Law) & Sivan Shlomo Agon (Bar Ilan Univ. - Law) have published Proactive International Law (UC Law Journal, Vol. 75, no. 3, pp. 661-712). Here's the abstract:

International law is notably reactive in nature. For the most part, international norms and institutions have been devised in response to previously observed crises and incidents—be they wars, pandemics, environmental disasters, economic breakdowns, or technological advances. This Article challenges the centuries-old reactive and past-oriented approach of international law. It suggests that while the reactive paradigm has facilitated practical solutions to the concrete problems faced by the international community, this paradigm has also led international law to become backward-looking and short-sighted, thereby hindering the discipline from acting in anticipation of long-term problems and developments.

Against this backdrop, this Article calls for a conceptual shift. It argues that the time has come to couple international law’s traditional reactive paradigm with a more proactive, forward-looking approach that is geared toward the future, with a view to preventing risks and realizing opportunities well in advance. Such a shift is particularly critical given that many of the global challenges on the horizon—such as artificial intelligence, synthetic biology, environmental degradation, demographic transformations, or outer space commercialization—are more complex and diffuse than those previously encountered. Moreover, these challenges present themselves in an accelerated global environment where the rapid pace of social and technological change leaves little room for maneuvering when action is due.

This Article begins by recounting the reactive record of international law while illustrating the prevalence of the reactive approach in numerous regulatory fields, including anti-terrorism, public health, refugees, and arms control. Thereafter the Article analyzes the root causes of international law’s reactive paradigm and highlights the paradigm’s limitations. The Article then turns to lay the theoretical foundations for a novel approach to the evolution and functioning of the discipline, called “proactive international law.” It presents the proactive approach’s core elements and identifies ways to mainstream them into the international legal system, thereby making long-term—even if uncertain—problems and advancements a real regulatory priority on the international agenda.

Draghici: Procreative Rights in International Law: Insights from the European Court of Human Rights

Carmen Draghici (City Univ. London - Law) has published Procreative Rights in International Law: Insights from the European Court of Human Rights (Cambridge Univ. Press 2024). Here's the abstract:

Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.

Yip: To Call a Spade a Spade: Use of Force Depriving a People of their Right to Self-Determination as Violation of Jus Contra Bellum

Ka Lok Yip (Hamad Bin Khalifa Univ.) has posted To Call a Spade a Spade: Use of Force Depriving a People of their Right to Self-Determination as Violation of Jus Contra Bellum (Journal on the Use of Force and International Law, forthcoming). Here's the abstract:

This article argues that a use of force which deprives a self-determination entity (‘SDE’) of its right to self-determination is prohibited under both Article 2(4) of the UN Charter and customary international law, even if there may not be sufficient practice accepted as law (opinio juris) to establish that such forcible deprivation of a SDE’s right to self-determination constitutes an armed attack that entitles the SDE to the right of self-defence. The obfuscation between a prohibited use of force and an armed attack triggering the right to self-defence often fans the escalation of conflict involving a SDE which claims the right to use force in self-defence (an issue discursively over-emphasized but not actually regulated under jus contra bellum) against the original use of force which deprives the SDE of its right to self-determination (an issue discursively under-emphasized but actually prohibited by jus contra bellum).

The article also argues that a State’s use of force to occupy or subjugate a SDE to permanently prevent an armed attack from emanating from that SDE does not qualify as lawful self-defence in the absence of an actual or imminent armed attack. Even when a State uses force in the name of self-defence against attacks emanating from a SDE, such use of force cannot satisfy the necessity requirement for lawful self-defence if the State could have taken non-forcible means to avert or stop the attack that emanates from the SDE, notably by relinquishing control over the SDE in discharge of its duty to respect the SDE’s right to self- determination. Where attacks by an armed group originating from a SDE involve serious violations of international humanitarian law (‘IHL’), an argument could be made that the attacks are simply unconcerned with the SDE’s right to self-determination, could not have been averted or stopped by the State relinquishing its control over the SDE and therefore render forcible self-defence necessary. While this argument cannot be precluded upfront, neither IHL provisions nor historical precedents suggest that IHL violations per se would sever the nexus between attacks by an armed group originating from a SDE and the pursuit of the SDE’s right to self-determination.

Paine: The Functions of International Adjudication and International Environmental Litigation

Joshua Paine (Univ. of Bristol - Law) has published The Functions of International Adjudication and International Environmental Litigation (Cambridge Univ. Press 2024). Here's the abstract:

This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

Dzah: Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Godwin Eli Kwadzo Dzah (Univ. of Alberta - Law) has published Sustainable Development, International Law, and a Turn to African Legal Cosmologies (Cambridge Univ. Press 2024). Here's the abstract:

This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.

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

The latest issue of International Environmental Agreements: Politics, Law and Economics (Vol. 24, no. 1, March 2024) is out. Contents include:

• Special Issue: Supply-Side Climate Policy: Emerging Lessons and Next Steps
• Peter Newell & Angela Carter, Introduction: What next for supply-side policy?
• Peter Newell & Angela Carter, Understanding supply-side climate policies: towards an interdisciplinary framework
• Amanda Slevin & John Barry, Reconciling Ireland’s climate ambitions with climate policy and practice: challenges, contradictions and barriers
• Supply-side climate policy and fossil fuels in developing countries: a neo-Gramscian perspective Augusto Heras
• Pedro Alarcón, What next for supply-side policy in the south: emerging lessons from Ecuador’s Yasuní initiative
• Choyon Kumar Saha, Least developed countries versus fossil fuel incumbents: strategies, divisions, and barriers at the United Nations climate negotiations
• Sarah Greene & Angela V. Carter, From national ban to global climate policy renewal: Denmark’s path to leading on oil extraction phase out
• Harro van Asselt, Panagiotis Fragkos, & Kostas Fragkiadakis, The environmental and economic effects of international cooperation on restricting fossil fuel supply
• Clara McDonnell, Pension funds and fossil fuel phase-out: historical developments and limitations of pension climate strategies
• Alessandra Arcuri, Kyla Tienhaara, & Lorenzo Pellegrini, Investment law v. supply-side climate policies: insights from Rockhopper v. Italy and Lone Pine v. Canada
• Matthias KrollKjell Kühne, “Climate Bailout”: a new tool for central banks to limit the financial risk resulting from climate change
• Joyeeta Gupta, Yang Chen, & Lisa Jacobson, Applying earth system justice to phase out fossil fuels: learning from the injustice of adopting 1.5 °C over 1 °C

New Issue: Journal of Human Rights Practice

The latest issue of the Journal of Human Rights Practice (Vol. 16, no. 2, July 2024) is out. Contents include:

• Articles
• Koldo Casla & Lyle Barker, Protection and Assistance to the Family: Interpreting and Applying Article 10 of the International Covenant on Economic, Social and Cultural Rights from Learnt and Lived Experiences
• Marina A R de Mattos Vieira & Lieselotte Viaene, Indigenous Peoples’ Rights at the United Nations Human Rights Council: Colliding (Mis)Understandings?
• Ysaline Reid, The Principle of Accountability in Human Rights-Based Approaches to Development: Towards a New UnderstandingGet accessArrow
• Dorien Claessen, Majda Lamkaddem, Barbara Oomen, & Quirine Eijkman, Bringing Human Rights Home: Access to Justice and the Role of Local Actors Implementing the United Nations Convention on the Rights of Persons with Disabilities
• Katie Morris, Right to Food Cities: the Role of Local Governments in the Fight against Hunger
• Jorge Freddy Milian Gómez, Rethinking the Human Right to Food from a Single Perspective to a Four-Fold Legal InterpretationGet accessArrow
• David Patterson, Human Rights-based Approaches and the Right to Health: A Systematic Literature Review
• Felipe Agudelo-Hernández, Luisa Fernanda Cardona Porras, & Ana Belén Giraldo Álvarez, Declaration of the Town Square: The Urgency of Speaking as One
• Aleydis Nissen, Please Give Me a Remedy: Women Human Rights Defenders Mobilize for Occupational Safety and Health
• Eglė Kavoliūnaitė-Ragauskienė, Right to Privacy and Data Protection Concerns Raised by the Development and Usage of Face Recognition Technologies in the European UnionGet accessArrow
• Policy and Practice Note
• Victoria Angenent-Mari, Viknesh S Kasthuri, Hannah Montoya, & Elizabeth Toll, Descriptive Analysis of Community Based Needs among Asylum Seekers in the Greater Rhode Island Area before and after COVID-19: Evidence from a Student-Run Asylum ClinicGet accessArrow

El Boudouhi, Dubin, & Bachand: Le droit international économique en question: vers l’émergence d’un nouveau paradigme?

Saïda El Boudouhi (Université Paris 8 - Law), Laurence Dubin (Université Paris 1 - Law) & Rémi Bachand (Université du Québec à Montréal - Law) have published Le droit international économique en question: vers l’émergence d’un nouveau paradigme? (Pedone 2024). The table of contents is here. Here's the abstract:

Slowbalisation, démondialisation, remondialisation, etc. sont autant de vocables pour désigner, depuis quelques années, les bouleversements inédits des relations économiques internationales. Celles-ci seraient à un tournant de leur évolution relativement linéaire depuis la mise en place, puis l’approfondissent du système commercial multilatéral. A l'heure d'une crise évidente de ce dernier, d'une remise en question massive de l'arbitrage d'investissement, n'assiste-t-on pas à un changement de paradigme dans les principales discipline du droit international économique ? Loin de viser à établir un agenda pour un changement de paradigme qui pourrait être une mondialisation plus équitable ou un libre-échange plus raisonné, le présent ouvrage est surtout le produit de l'invitation lancées aux différents contributeurs à (re-)questionner le paradigme dominant à l’œuvre dans leur domaine d'expertise et à se lancer dans la recherche d'un hypothétique nouveau paradigme à travers l'examen tout autant du droit positif que du discours politique. Finalement, la question posée en intitulé de cet ouvrage du changement de paradigme permet d'offrir une certaine perspective critique et un regard distancié sur le droit positif pour en pointer autant les insuffisances que les possibles évolutions structurelles.

New Issue: Yale Journal of International Law

The latest issue of the Yale Journal of International Law (Vol. 49, no. 1, 2024) is out. Contents include:

• Stephen Kim Park & Tim R. Samples, Promises and Perils of Sovereign Debt Transparency
• Sannoy Das, Giving Peace a Chance? Decolonization, Development, and the Foundations of the GATT
• Symposium: Consortium for the Study and Analysis of International Law Scholarship (SAILS)
• Kathleen Claussen, Forward
• Oona A. Hathaway & John D. Bowers, International Law Scholarship: An Empirical Study
• Daniel Peat & Cecily Rose, The Changing Landscape of International Law Scholarship: Do Funding Bodies Influence What We Research?
• Pierre-Hugues Verdier, Comparative International Law and the Rise of Regional Journals

Contesse: Implementation of Human Rights Judgments in Latin America

Jorge Contesse (Rutgers Univ. - Law) has posted Implementation of Human Rights Judgments in Latin America (in Time and International Adjudication, Andrea Gattini & Marco Dimetto eds., forthcoming). Here's the abstract:

In this Chapter, I explore the process of implementation of human rights judgments in Latin America, a process that is largely judicial, as the task of monitoring implementation rests almost entirely upon the shoulders of the Inter-American Court of Human Rights. I address the legal regime of implementation of judgments in the inter-American human rights system and the types of analyses that can be conducted to evaluate how promptly and effectively States comply with the Inter-American Court's judgments. I argue that, rather than a quantitative analysis, we gain more insight into the temporal aspect of implementation by paying attention to States' attitude towards compliance. The discussion is particularly relevant in the context of interactions between States and the Court that elicit pushback and resistance, in some cases, and acceptance and engagement, in others.

Müller: The Right to Punish: Political Authority and International Criminal Justice

Luise Müller (Freie Universität Berlin) has published The Right to Punish: Political Authority and International Criminal Justice (Cambridge Univ. Press 2024). Here's the abstract:

What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.

Call for Submissions: Data Strategy & Trade Law (Journal of Law, Market and Innovation)

The Journal of Law, Market and Innovation has issued a call for submissions on the topic "Data Strategy & Trade Law." The call is here.

Seta & Negishi: International Law as Constructive Resistance towards Peace and Justice

Makoto Seta (Waseda Univ. - Law) & Yota Negishi (Seinan Gakuin Univ. - Law) have published International Law as Constructive Resistance towards Peace and Justice (Brill | Nijhoff 2024). The table of contents is here. Here's the abstract:

Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 9, no. 1, February 2024) is out. Contents include:

• Special Issue: Business and Human Rights in Central and Eastern Europe. Region in Transition
• Beata Faracik, Jernej Letnar Černič, & Olena Uvarova, Business and Human Rights in Central and Eastern Europe: Trends, Challenges and Prospects
• Łukasz Szoszkiewicz, Business and Human Rights in Central and Eastern Europe: Constitutional Law as a Driver for the International Human Rights Law
• Andras L. Pap, Nóra Chronowski, & Zoltán Nemessányi, Corporate Human Rights Responsibility in Illiberal Regimes: The Example of the Ukrainian Refugee Crisis in Hungary
• Ian Higham, Conditionalities in International Organization Accession Processes: Spreading Business and Human Rights Norms in Central and Eastern Europe?
• Jelena Aparac, Private Military and Security Companies as a Legacy of War: Lessons Learned From the Former Yugoslavia
• Michael Rogerson, Business and Human Rights in Russia: Emerging or Merging?
• Nataliia Mazaraki & Tetiana Tsuvina, Creating an Effective Mediation Scheme for Business-Related Human Rights Abuses: The Case of Ukraine
• Developments in the Field
• Ekaterina Deikalo, BHR Agenda and Authoritarian Regimes: The Case of Political and Human Rights Crisis in Belarus Since 2020
• Filip Balcerzak & Stanisław Drozd, Human Rights-Compatible International Investment Agreements: A Voice From Central & Eastern Europe and Central Asia
• Marcin Kilanowski, Evaluating the Polish NAPs: Lessons for the Future Implementation of the UN Guiding Principles on Business and Human Rights
• Ihor Konopka, Ukrainian Business and Human Rights Strategy: A Breakthrough Delayed
• Agata Rudnicka & Janusz Reichel, CSOs’ Perception of Corporate Activism on the LGBT+ Community in Poland
• Ana Dangova Hug, Barriers to Access to Justice in North Macedonia for Violations of Human Rights in the Context of Air Pollution

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 107, no. 2, 2024) is out. Contents include:

• Articoli
• B. Mageste Castelar Campos, The Effects of Self-Defence on Third States and the Role of the Law of Neutrality
• E.M.B. Bellucci, Il regolamento di blocco dell’Unione Europea alle sanzioni secondarie statunitensi
• G.M. Ruotolo, Non-fungible tokens e diritto internazionale
• Note e Commenti
• F. Staino, L’esercizio della giurisdizione penale internazionale nel caso Putin
• A. Annoni, Protezione complementare e tutela del diritto alla vita privata e familiare prima e dopo il decreto-legge n. 20/2023
• T. Scovazzi, Una scelta tra il presente e un lontano passato

Cai, van den Herik, & Maluwa: The UN Security Council and the Maintenance of Peace in a Changing World

Congyan Cai (Fudan Univ.), Larissa van den Herik (Universiteit Leiden), & Tiyanjana Maluwa (Pennsylvania State Univ.) have published The UN Security Council and the Maintenance of Peace in a Changing World (Max Planck Trialogues; Cambridge Univ. Press 2024). The table of contents is here. Here's the abstract:

How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is available as Open Access on Cambridge Core.

Call for Session Ideas: 2025 ASIL Annual Meeting (Reminder)

The American Society of International Law has issued a call for session ideas for its 119th Annual Meeting, which will take place April 16-18, 2025, in Washington, DC. The conference theme is: "Traditions and Transitions in International Law." The deadline is July 22, 2024. The call is here.

Call for Submissions: Challenges and Opportunities for the Law of the Sea at a Time of Crisis (Max Planck Yearbook of United Nations Law)

The Max Planck Yearbook of United Nations Law has issued a call for submissions for its Volume 28 on the topic "Challenges and Opportunities for the Law of the Sea at a Time of Crisis." The call is here.

Green: Statehood as Political Community: International Law and the Emergence of New States

Alex Green (Univ. of York - Law) has published Statehood as Political Community: International Law and the Emergence of New States (Cambridge Univ. Press 2024). Here's the abstract:

Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.

New Issue: Journal du Droit International

The latest issue of the Journal du Droit International ("Clunet") (Vol. 151, no. 2, Avril-Mai-Juin 2024) is out. Contents include:

• Doctrine
• Gustavo Cerqueira, Un impensé de l'internationalisation volontaire du contrat par le choix de loi : du jeu des conventions de droit matériel uniforme
• Joseph Reeves, Repenser l'intérêt à agir du contentieux climatique à l'aune d'un préjudice global (approche de droit international public)
• Romain Perray, Data Act : une loi pour mieux distribuer la manne des données
• Variétés
• Pierre Fini, Les dispositions sur le trust du projet de Code de droit international privé à la lumière de la convention de La Haye du 1erjuillet 1985

New Issue: Revue Générale de Droit International Public

The latest issue of the Revue Générale de Droit International Public (Vol. 128, no. 1, 2024) is out. Contents include:

• Lucius Caflisch, Droits de l'homme et mesures étatiques prises contre le virus COVID-19: l'interdiction des réunions publiques et privées
• Caroline Chaux, Distinquer les accord juridiquement contraignants des accords juridiquement non contraignants: étude des lignes directrices nationales

Pobjie: Prohibited Force: The Meaning of ‘Use of Force' in International Law

Erin Pobjie (Univ. of Essex - Law) has published Prohibited Force: The Meaning of ‘Use of Force' in International Law (Cambridge Univ. Press 2024). Here's the abstract:

Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students.

Green: Collective Self-Defence in International Law

James A. Green (Univ. of the West of England - Law) has published Collective Self-Defence in International Law (Cambridge Univ. Press 2024). Here's the abstract:

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.

Jones: Self-Determination as Voice: The Participation of Indigenous Peoples in International Governance

Natalie Jones has published Self-Determination as Voice: The Participation of Indigenous Peoples in International Governance (Cambridge Univ. Press 2024). Here's the abstract:

Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 27, no. 2, June 2024) is out. Contents include:

• Joost Pauwelyn, Twenty-first century customs fraud: how to effectively enforce EU sustainability requirements on importsGet accessArrow
• Gregory Messenger, Mitigating the rise of unilateralism: lessons from forestry management
• Vincent Beyer, International investment agreements and the global minimum tax: of treaty troubles and investment incentives
• Chen Yu, International adjudication as interactional law-making: the incorporation of fair and equitable treatment elements in investment treaties
• William Hamilton Byrne, The influence of legal scholars on the development of international investment lawGet accessArrow
• Clara López, Mining in investment arbitration: an analysis of mining companies’ legitimate expectations
• Jean-Michel Marcoux, Andrea K. Bjorklund, Elizabeth A. Whitsitt & Lukas Vanhonnaeker, Discourses of ISDS reform: a comparison of UNCITRAL Working Group III and ICSID processes
• Daniel D. Bradlow, Rosa M. Lastra & Stephen Kim Park, Re-thinking the sustainability of sovereign debtGet accessArrow
• Toni Marzal, Conjuring markets: valuation in comparative international economic law

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 40, no. 1, March 2024) is out. Contents include:

• Articles
• Stavros Brekoulakis, Introducing the special issue: the lasting legacy of the 1996 Arbitration Act
• Jacomijn J van Haersolte-van Hof, Law reform: the institutional perspective
• Alexander Gunning, Has a sufficient case been made for the Law Commission’s proposals in respect of section 67?
• Emma Lindsay & Camilla Gambarini, The proposed reform of the English Arbitration Act on arbitrators’ independence and impartiality and the duty of disclosure from a comparative perspective
• Craig Tevendale & Anuradha Agnihotri, Arbitrator resignations: the Law Commission’s proposed reforms
• Nelson Goh & James Newton, Jurisdictional challenges under section 67 and section 30(1)(b): reflections on procedural irregularity in tribunal constitution
• Ella Davies & Sylvia Noury, Reform of the Arbitration Act 1996: a missed opportunity to entrench diversity?

Aral & d'Aspremont: International Law and Universality

Isil Aral (Koç Univ. - Law) & Jean d'Aspremont (Sciences Po - Law) have published International Law and Universality (Oxford Univ. Press 2024). Here's the abstract:

This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions.

This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 26, no. 4, 2024) is out. Contents include:

• Special Issue: Indigenous Peoples and Sustainability
• Kamrul Hossain, An Indigenous Cosmovision for Earth-Centric Governance: Deconstructing the Normative Structure of International Law?
• Malgosia Fitzmaurice, Human Right to a Clean Environment: General Reflections
• Agnes Viktoria Rydberg, Climate Change Litigation: General Perspectives and Emerging Trends
• Pauline Martini, International Criminal Law and the Environment: A Few Reflections

Lin & Peel: Litigating Climate Change in the Global South

Jolene Lin (National Univ. of Singapore - Law) & Jacqueline Peel (Univ. of Melbourne - Law) have published Litigating Climate Change in the Global South (Oxford Univ. Press 2024). Here's the abstract:

While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere.

Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence.

Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

New Issue: Review of European, Comparative & International Environmental Law

The latest issue of the Review of European, Comparative & International Environmental Law (Vol. 33, no. 1, April 2024) is out. Contents include:

• Articles
• Yayun Shen & Michael Faure, Behavioural instruments in environmental law and policy: Potential and challenges
• Goran Dominioni, Carbon pricing for international shipping, equity, and WTO law
• Sarah Downs, Civil liability for climate change? The proposed tort in Smith v Fonterra with reference to France and the Netherlands
• Paula Leskinen, Antti Belinskij, & Sanna-Riikka Saarela, Integrating climate change into legislative drafting: An analysis of regulatory impact assessment obligations and practices in the EU and Finland
• Saga Eriksson, The centrality of law for EU sustainable finance markets: Outlining a research agenda
• Wen Duan, Area-based management tools under the BBNJ Agreement: Ambition or illusion?
• Antti Belinskij, Niko Soininen, Suvi-Tuuli Puharinen, & Noora Veijalainen, Climate change adaptation in water law: International, EU and Finnish perspectives
• Yang Liu, A legal analysis of the interinstitutional duty to cooperate in international water law
• Esmeralda Colombo, A paper tiger in the fog of governance: Norway's riddle in biodiversity matters
• Mirta Alessandrini, Edwin Alblas, Lin Batten, & Sumira Bothé, Smallholder farms in the sustainable food transition: A critical examination of the new Common Agricultural Policy
• Case Note
• Gabriel M. Lentner & Weronika Cenin, Daniel Billy et al v Australia (Torres Strait Islanders Petition): Climate change inaction as a human rights violation

New Issue: Cooperation and Conflict

The latest issue of Cooperation and Conflict (Vol. 59, no. 1, March 2024) is out. Contents include:

• Vytautas Isoda, Can small states wage proxy wars? A closer look at Lithuania’s military aid to Ukraine
• Emma Mc Cluskey, Bourdieu the ethnographer: Grounding the habitus of the ‘far-right’ voter
• Tracy Adams, Gadi Heimann, & Zohar Kampf, How do states reminisce? Building relations through bonding narratives
• Janina Heaphy, When identity meets strategy: The development of British and German anti-torture policies since 9/11
• Wayne Stephen Coetzee, Sebastian Larsson, & Joakim Berndtsson, Branding ‘progressive’ security: The case of Sweden
• Tom FA Watts & Ingvild Bode, Machine guardians: The Terminator, AI narratives and US regulatory discourse on lethal autonomous weapons systems

von Bogdandy, Piovesan, Ferrer Mac-Gregor, & Morales Antoniazzi: The Impact of the Inter-American Human Rights System: Transformations on the Ground

Armin von Bogdandy (Max Planck Institute for Comparative Public Law and International Law), Flávia Piovesan (Pontifical Catholic Univ. of São Paulo), Eduardo Ferrer Mac-Gregor (National Autonomous University of Mexico), & Mariela Morales Antoniazzi (Max Planck Institute for Comparative Public Law and International Law) have published The Impact of the Inter-American Human Rights System: Transformations on the Ground (Oxford Univ. Press 2024). The book is available open access. Here's the abstract:

The Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights.

Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa.

The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels.