Most Interesting 2021: Lesaffer & Nijman, The Cambridge Companion to Hugo Grotius

The seventh and final installment in our series "Most Interesting 2021":

Randall Lesaffer & Janne E. Nijman, The Cambridge Companion to Hugo Grotius (Cambridge Univ. Press 2021)

The Cambridge Companion to Hugo Grotius is a compilation of the life, theories, and thoughts of one of the most influential figures of international law. Through the contribution of several scholars, the life of Grotius is synthesized into five logical parts. His works on philosophy, theology, politics, and law are examined, and context is provided. Being both introductory and advanced, the authors leave the reader with a greater understanding of what led to the formation of much of Grotius’ ideas: precisely what a companion should do. In the likely event that Grotius finds his way into your research, this book will be a valuable addition to it.

Albert Vlodder
Ph.D. Student in Public International Law
Åbo Akademi University

Most Interesting 2021: Parmar & Variath, An Introduction to International Law

The sixth in our series "Most Interesting 2021":

Swati Singh Parmar & Adithya A. Variath, An Introduction to International Law (Thomson Reuters 2021)

An Introduction to International Law is a preliminary text that provides a thorough understanding of the subject and critical evaluation of its processes. The book offers perspectives on the history of international law that would enable the reader to approach the subject with a non-European tradition. The initial chapters set the discourse in motion and prepare the reader to undertake the study of a legal system that continuously reinvents itself. With a brief history, approaches, contexts, concepts, theories and case laws, the book is aimed to assist the reader in her study of the subject. With the help of precepts and principles, those that are outdated and those that are retained, the text offers active engagement for the reader. The arrangement of the contents will invoke the reader’s interest in international law and will encourage further enquiry into the subject. The book offers a study of recent case laws and accounts of contemporary events that make International Law a dynamic system. Chapter outlines, the structure of the chapters and suggestions for reading make the book reader friendly and accessible. Authors of the book have shared their experience of writing the book: Swati Singh Parmar, Navigating a Journey of Writing Through “Intellectual Settler Colonialism”; Adithya Anil Variath, A Subaltern Protagonist’s proposition of International Law.

Amana Khare
Researcher
Maharashtra National Law University Mumbai

Most Interesting 2021: Kravik, An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend

The fifth in our series "Most Interesting 2021":

Andreas Motzfeldt Kravik, An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend, Leiden Journal of International Law, Vol. 33, no. 4, pp. 935-956, December 2021

As an environmental governance advocate, I have at times (over the last few years especially) given over to despair at the seeming end of multilateralism. An article from Andreas Kravik: An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend (33:4 Leiden J. Int’l L.) offered a welcome and urgent counter-narrative. Kravik, a Norwegian lawyer and diplomat, gives a brief but compelling view of the trenches in multilateral policymaking in an effort to explain why more progress is not being made. My sole critique is that the article may be mistitled – what Kravik finds is not stagnation, but rather a dogged, weedy flowering of law-making in spite of ongoing realignments in great power politics. Some of this may indeed be attributable to the unique context of the law of the sea as the article insightfully suggests, particularly noting its empowerment of smaller and developing states with large ocean territories and the regime’s flexible and institution-based decision-making. But Kravik’s experience suggests that just as much may be due to the gravitational pull of cooperative links in our inter-connected world. The article is worth reading if only for its overview of some critical ongoing negotiations both within and beyond the ocean realm, including in the arms trade, space, and human rights arenas. But for lawyers practicing outside of the so-called “great powers,” it may be equally valuable as a reminder that multilateralism is not a choice for the rest of the world, but the proverbial water in which we all continue to swim. Those who tread water risk being left behind.

Andrew Friedman
Project Lead, Seabed Mining
The Pew Charitable Trusts

Most Interesting 2021: Clooney & Webb, The Right to a Fair Trial in International Law

The fourth in our series "Most Interesting 2021":

Amal Clooney & Philippa Webb, The Right to a Fair Trial in International Law (Oxford Univ. Press 2021)

The book devotes a chapter to the thirteen components of the right to a fair trial under Article 14 of the International Covenant on Civil and Political Rights and includes another chapter on remedies. It makes plain the origin, rationale, and scope of the right based not only on the vast jurisprudence of the European Court of Human Rights (ECtHR) and Human Rights Committee, but also on the emerging jurisprudence of the Inter-American Court of Human Rights, African Court on Human and Peoples’ Rights, and international criminal courts.

The book adopts a largely analytical perspective, identifying areas of convergence and divergence in the case law, but also offers short critiques to conclude each chapter. As such, the book will be particularly welcomed by lawyers and adjudicators involved in the works of international human rights bodies and international criminal courts, who will turn to it to quickly grasp concepts and efficiently trace pertinent materials. Practitioners will find numerous factual scenarios—from detainees at Guantánamo Bay to the former President of the Maldives—illustrating how the components of a fair trial apply in practice. As the book’s mastery of sources matches its technical craftsmanship, it represents a timely, authoritative, and engaging contribution to the international standard of a fair trial.

Jonathan Brosseau-Rioux
PhD Candidate
Sorbonne Law School

Most Interesting 2021: Genoud, Vernacularisation from Above: Finance’s Appropriation of Human Rights in Land Governance

The third in our series "Most Interesting 2021":

Christelle Genoud, Vernacularisation from Above: Finance’s Appropriation of Human Rights in Land Governance, International Journal of Human Rights, Vol. 25, no. 8, pp. 1356-73, 2021

Written against the backdrop of the 2007/2008 crisis moment, Christelle Genoud sheds light on legal responses to the adverse effects of the financialization of food production. More specifically, she investigates the extent to which initiatives, such as the Principles for Responsible Agricultural Investment that Respects Rights, Livelihoods and Resources (PRAI) can deliver better conditions for local populations suffering from environmental and social harm due to industrial farming and large-scale land investments. Using three such initiatives as case studies, Genoud then demonstrates how they are used to camouflage the full extent of the devastating impact of financialized land and food governance. Engaging with the concept of ‘vernacularisation from below’ developed by legal anthropologist to describe the use of human rights in local contexts, Genoud then argues that these initiatives permit human rights to be vernacularized from above. Genoud’s paper, not only illuminates a major issue of concern in the contemporary global order, but does so convincingly. As such, this paper meaningfully contributes to international law scholarship on land-grabbing (Tzouvala 2019) and food speculations (Chadwick 2019).

Lys Kulamadayil
Post-Doc
Univ. of Amsterdam

Most Interesting 2021: Krieger, Law-Making and Legitimacy in International Humanitarian Law

The second in our series "Most Interesting 2021":

Heike Krieger, Law-Making and Legitimacy in International Humanitarian Law (Edward Elgar Publishing 2021)

The changing nature of modern armed conflicts poses deep challenges to IHL, affecting compliance and the effectiveness of the regime. This observation permeates almost all discussions on IHL. But are compliance and effectiveness the only (and the best) lenses through which to assess the contemporary challenges of IHL and to question its status as a legal regime? This book brings to the foreground legitimacy as analytical lens to engage normatively with the contemporary challenges of IHL. This is indeed a novel and underexplored perspective on IHL that merits great attention.

The volume uses legitimacy as criterium to analyse law-making processes in IHL. Law-making is convincingly being understood in a broad sense, covering not only treaty-making but also involving judicial practice and the making of manuals on IHL. The volume explores a broad spectrum of processes and actors involved in IHL law-making processes, suggests a convincing framework for approaching current IHL developments, and at the same time also provides a new way to think about the potential and the limits of the IHL regime.

Rachele Marconi
Postdoctoral Research Fellow in International Law
University of Macerata
Visiting Fellow
Max Planck Institute of Comparative Public Law and International Law

Most Interesting 2021: Reiners, Transnational Lawmaking Coalitions for Human Rights

Many thanks to all those who submitted their choices for most "interesting, important, or influential" article or book published in 2021. As a reminder, the call was open exclusively to junior scholars. Beginning today, I will post the submissions. Each post will include the article and/or book and a statement from the recommender explaining the reason why they believe the article/book is interesting, important, or influential. The full series will be available at the label "Most Interesting 2021." Here's the first post:

Nina Reiners, Transnational Lawmaking Coalitions for Human Rights (Cambridge Univ. Press 2021)

This fascinating and well-written book provides an in-depth study of the lawmaking process at the UN human rights treaty bodies. It looks at the importance of informal collaborations in developing treaty interpretations. Empirically the book focuses on the debates and the General Comment on the ‘Right to Water’. However, by going beyond the study of formal processes, Reiners demonstrates the crucial role of various actors, including NGO representatives and human rights professionals in the actual lawmaking process. Reiners identifies, conceptualises, and studies these actors working together as ‘Transnational Law Making Coalitions’.

The book achieves the study with the help of an innovative theoretical framework. It provides several detailed case studies and new and original data. This book is fascinating not only for the empirical insights it provides but also for the novel conceptualisation of transnational lawmaking coalitions. The book also appeals to scholars of International Law interested in the lawmaking process beyond the formal aspects and International Relations scholars interested in the practical workings of the UN human rights treaty bodies. But it also appeals to those interested in human rights or international organisations more generally. It is a stellar example of an interdisciplinary work that bridges International Law and International Relations in a meaningful way, from which scholars from both disciplines can benefit.

Sassan Gholiagha
Visiting Researcher
WZB Berlin

Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars) (Reminder)

As last year, I am issuing a call for submissions directed to junior scholars only (advanced PhD students and junior academics/practitioners) asking for their views on the most "interesting, important, or influential" article or book published in 2021. I will post on this blog a selection from the submissions received. The deadline is this Friday, December 10. Thanks in advance to all who participate. Some rules:

• One submission per person
• The submission may recommend both an article and a book, but not more than one article and not more than one book
• The article/book must pertain to international law, though it need not have been written by a lawyer
• The article/book must have been published in the year 2021
• Include the article/book title and an internet link to the publication
• The article/book may be in any language, but the submission recommending the article/book must be in English
• Include an explanation for your choice, but not more than two paragraphs per article/book
• Self-nominations will not be accepted
• Deadline: December 10, 2021, 5:00pm Eastern Time
• Not all submissions will be posted on the ILR blog
• By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
• Successful submissions will be posted the week of December 13, 2021
• Include your name, current position, and current affiliation with your submission
• Submissions should be emailed to jacob.cogan@uc.edu with the subject line: "ILR 2021 Interesting Article/Book Submission"

Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars) (Reminder)

As last year, I am issuing a call for submissions directed to junior scholars only (advanced PhD students and junior academics/practitioners) asking for their views on the most "interesting, important, or influential" article or book published in 2021. I will post on this blog a selection from the submissions received. Thanks in advance to all who participate. Some rules:

• One submission per person
• The submission may recommend both an article and a book, but not more than one article and not more than one book
• The article/book must pertain to international law, though it need not have been written by a lawyer
• The article/book must have been published in the year 2021
• Include the article/book title and an internet link to the publication
• The article/book may be in any language, but the submission recommending the article/book must be in English
• Include an explanation for your choice, but not more than two paragraphs per article/book
• Self-nominations will not be accepted
• Deadline: December 6, 2021, 5:00pm Eastern Time
• Not all submissions will be posted on the ILR blog
• By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
• Successful submissions will be posted the week of December 13, 2021
• Include your name, current position, and current affiliation with your submission
• Submissions should be emailed to jacob.cogan@uc.edu with the subject line: "ILR 2021 Interesting Article/Book Submission"

Call for Submissions: Most Interesting/Important/Influential Articles/Books of 2021 (Junior Scholars)

As last year, I am issuing a call for submissions directed to junior scholars only (advanced PhD students and junior academics/practitioners) asking for their views on the most "interesting, important, or influential" article or book published in 2021. I will post on this blog a selection from the submissions received. Thanks in advance to all who participate. Some rules:

• One submission per person
• The submission may recommend both an article and a book, but not more than one article and not more than one book
• The article/book must pertain to international law, though it need not have been written by a lawyer
• The article/book must have been published in the year 2021
• Include the article/book title and an internet link to the publication
• The article/book may be in any language, but the submission recommending the article/book must be in English
• Include an explanation for your choice, but not more than two paragraphs per article/book
• Self-nominations will not be accepted
• Deadline: December 6, 2021, 5:00pm Eastern Time
• Not all submissions will be posted on the ILR blog
• By submitting, you consent to the posting of your submission on the ILR blog, subject to editing
• Successful submissions will be posted the week of December 13, 2021
• Include your name, current position, and current affiliation with your submission
• Submissions should be emailed to jacob.cogan@uc.edu with the subject line: "ILR 2021 Interesting Article/Book Submission"