Morosini, Tasquetto, & Maciel: Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation

Fábio Morosini (Universidade Federal do Rio Grande do Sul), Lucas Tasquetto (Universidade Federal do ABC), & Marília Maciel (DiploFoundation) have published Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation (Georgetown Univ. Latin American Political Economy and Globalization Program). Here's the abstract:

In recent years, there has been a growing concern that only a few countries and players have been accruing the benefits and wealth stemming from the digital economy, widening the gap between developed and developing countries. The development gap related to digital trade is particularly acute in Latin American countries. Despite structural difficulties and its low performance in the digital economy, Latin America has been one of the most active regions in terms of treaty-making on digital trade. However, Latin American countries lack their own model of digital trade regulation and tend to replicate existing ones, not only when negotiating agreements with third parties, but also within the region. So far, the US regulatory approach, as exemplified by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), has had the most significant influence on Latin America. A number of countries in Latin America are already embroiled in negotiations or bound by agreements from which it would be too hard or costly to defect. In this scenario, it is advisable to consider the inclusion of binding provisions within the ongoing and future digital trade negotiations, which would contribute to development. That could happen by a) incorporating provisions aimed at promoting digital inclusion and tackling inequality, and b) incorporating specific horizontal and vertical development- oriented provisions. Latin American countries can find inspiration in agreements celebrated outside the region, as they seek to mainstream development in their digital trade negotiations. This policy paper concludes with a number of recommendations, both institutional and substantive.

Report: The legal arguments on the Climate Emergency Advisory Proceedings before the Inter-American Court of Human Rights

Lucas Carlos Lima (Universidade Federal de Minas Gerais) and the Stylus Curiarum Research Group have released the report "The legal arguments on the Climate Emergency Advisory Proceedings before the Inter-American Court of Human Rights." The report analyzes the arguments presented in the written and oral observations submitted within the framework of the advisory proceedings on Climate Emergency and Human Rights before the Inter-American Court of Human Rights requested by Chile and Colombia. The study examines the observations presented - ten of which were filed by States, another ten by organs of States, eighteen by organs of international organizations, and two hundred and twenty-seven amici by non-state entities - with a view to identifying the legal arguments put forward before the Inter-American Court. The report can be found here.

The Newport Manual on the Law of Naval Warfare

James Kraska, Raul "Pete" Pedrozo, David Letts, Wolff Heintschel von Heinegg, Rob McLaughlin, James Farrant, Yurika Ishii, Gurpreet S. Khurana, & Koki Sato have published The Newport Manual on the Law of Naval Warfare. Here's the abstract:

The Newport Manual on the Law of Naval Warfare is the first effort to restate the law of naval warfare as a purely lex lata exercise since 1955. It is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual also factors in the developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea.

Newport Rules of Engagement Handbook

The Newport Rules of Engagement Handbook has been published (International Law Studies, Vol. 98, 2022). Here's the abstract:

The Newport Rules of Engagement Handbook is published as a guide for the development of national and multinational rules of engagement for military operations. Its purpose is to assist users in the development of ROE for training, exercises, war games, and operations.

Akande & Gillard: Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict

Dapo Akande (Univ. of Oxford - Law) & Emanuela-Chiara Gillard (Univ. of Oxford - Oxford Institute for Ethics, Law and Armed Conflict) have published Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict (2016). Here's the abstract:

The Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict is a critical tool for actors concerned with helping civilians in conflict zones receive life-saving assistance, including food, medical supplies, shelter, water and sanitation. The Oxford Guidance will both provide a firm understanding of the relevant rules designed to allow the delivery of assistance and enhance policy-making and advocacy to improve humanitarian access.

The Guidance will target a variety of actors involved in humanitarian relief, including parties to armed conflict (both state and non-state), governments, international and nongovernmental organizations, the United Nations Security Council and General Assembly and other relevant bodies, as well as legal practitioners, scholars and the media.

Each section of the Oxford Guidance covers the legal framework relating to an aspect of humanitarian relief operations in international and non-international armed conflicts, with respect to both belligerent and non-belligerent states. The Guidance outlines the rules around giving consent, the arbitrary withholding of consent, and the limits to the types of procedures that fighting parties can impose. Where the law is unclear, the authors present possible different interpretations.

Commissioned by the UN Office for the Coordination of Humanitarian Affairs, the Oxford Guidance was elaborated by the Oxford Institute for Ethics, Law and Armed Conflict and the Oxford Martin Programme on Human Rights for Future Generations, following a series of meetings with eminent experts in international law.

Bohoslavsky: Report of the Independent Expert on the Effects of Foreign Debt

Juan Pablo Bohoslavsky has posted the Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights (UN Doc. A/HRC/31/60). Here's the abstract:

In the report, the Independent Expert explores the interrelationships between income and wealth inequality, on the one hand, and financial crises, on the other, and their implications for the enjoyment of human rights. He illustrates how increased levels of such inequalities may contribute to increases in sovereign debt that may subsequently degenerate into financial crises. Furthermore, he examines the reverse relationship by assessing the distributional impact of financial crises and points to severe adverse effects on the enjoyment of human rights. He concludes with a set of policy recommendations designed to target economic inequality as a pressing human rights issue and a factor contributing to the emergence of financial crises.

Hindelang & Sassenrath: The Investment Chapters of the EU’s International Trade and Investment Agreements in a Comparative Perspective

Steffen Hindelang (Freie Universität Berlin - Law) & Carl-Philipp Sassenrath (Freie Universität Berlin - Law) have posted The Investment Chapters of the EU’s International Trade and Investment Agreements in a Comparative Perspective. Here's the abstract:

Investor-State Dispute Settlement (ISDS) clauses in international investment agreements have traditionally been based on an approach which may be termed ‘light touch regulation’ of investment protection. The avenue taken by the recently negotiated EU draft agreements, the Comprehensive Economic and Trade Agreement (CETA) and the EU-Singapore Free Trade Agreement (EUSFTA), can be described as ‘more comprehensive regulation’. Likewise, EUSFTA and CETA provide a rather detailed body of law on substantive standards for the protection of foreign investment. While this may add to the clarity and predictability of the current regime of international investment law, it may also lead to a reduced standard of protection. Compared with other agreements, EUSFTA and CETA have attempted to rebalance the protection of private property and the host state’s regulatory autonomy. In terms of the regulation of ISDS proceedings, EUSFTA and CETA preserve its principle characteristics but deliver moderate change in five areas: (1) consultation mechanisms, (2) the relationship between ISDS and domestic remedies, (3) the appointment and conduct of arbitrators, (4) cost allocation, and (5) transparency rules. This study proposes (1) further development regarding the coordination between effective domestic legal systems and ISDS and (2) the start of negotiations for the establishment of a permanent appeals mechanism in a regional or bilateral context.

Report of the Expert Meeting on the ILC's Draft Articles on the Protection of Persons in the Event of Disaster

The Report of the Expert Meeting on the ILC's Draft Articles on the Protection of Persons in the Event of Disaster has been posted. Here's a summary:

In 2007 the International Law Commission decided to include the topic “The protection of persons in the event of disasters” in its programme of work and appointed Eduardo Valencia-Ospina as Special Rapporteur. From the sixtieth (2008) to sixty-sixth sessions (2014), the Commission considered seven reports presented by the Special Rapporteur, as well as a comprehensive Memorandum prepared by the Secretariat of the ILC in December 2007 (A/CN.4/590). In 2014 the ILC adopted on first reading a set of 21 draft articles and commentaries on the protection of persons in the event of disasters (A/69/10, Chapter V). In accordance with its established practice, the Commission decided to transmit the Draft Articles to Governments, IOs, the ICRC and the IFRC for comments and observations, to be taken into account during the second reading.

In view of the relevance of this topic and to stimulate further analysis on the future activities in this area, the Department of Law, Roma Tre University, as part of the activities of the “International Disaster Law Project”, decided to host a selected group of experts from international organizations, academia, governments and civil society for a two-day frank and engaging discussion on the ILC’s Draft Articles, as adopted on first reading. The underlying idea was to facilitate an open discussion with relevant stakeholders and external experts at a critical moment for the Project, in anticipation of the second reading. The participation of high-level representatives of the main humanitarian organizations involved in the area as well as of renowned scholars emphasises the relevance of this Project outside the realm of the Commission.

This report summarizes the presentations made by the participants and the ensuing in-depth and vibrant discussions of the different issues addressed by the Draft Articles. A final session was devoted to the way forward for the Project and potential missing issues in the current text and Commentary. The meeting was held under “Chatham House rules”, and, accordingly, the report does not attribute any comment to participants or organizations.