Lavranos: Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values and Principles

Nikos Lavranos (European University Institute - Law) has posted Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values and Principles. Here's the abstract:

This contribution seeks to analyze and clarify the relationship between international law and Community law in the light of the most recent jurisprudence of the ECJ regarding Article 307 EC.

The main argument that will be developed is that the ECJ has recently identified a new untouchable core of fundamental European constitutional law values and principles more explicitly and more forcefully than before by interpreting the obligations arising out of Article 307 (2) EC in an extremely extensive way. It is further argued that this new untouchable core of European constitutional law values and principles is actually copied from national constitutional law, which in turn illustrates the fact that the ECJ is increasingly performing the function of a true constitutional court of Europe.

Ginsburg & Shaffer: Empirical Work in International Law

Tom Ginsburg (Univ. of Chicago - Law) & Gregory Shaffer (Univ. of Minnesota - Law) have posted Empirical Work in International Law. Here's the abstract:

Empirical work in international law is rapidly increasing in quantity and sophistication. This trend reflects the expansion in number and importance of international organizations and courts, as well as developments in legal scholarship and the social sciences. This Handbook Chapter surveys empirical work on international tribunals, treaties and many substantive areas of law. Some of these areas, such as trade, investment and human rights, are the subject of burgeoning empirical literatures. Others, particularly private international law, have received less attention to date, but good work is beginning to emerge, as is the case with criminal law and investment law. We see the field continuing to expand and diversify in years to come, as many outstanding questions beg for analysis.

Giegerich & Heinz: A Wiser Century?

Thomas Giegerich (Christian-Albrechts-Universität zu Kiel - Walther-Schücking-Institut für internationales Recht) & Ursula E. Heinz (Christian-Albrechts-Universität zu Kiel - Walther-Schücking-Institut für internationales Recht) have published A Wiser Century? Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference (Duncker & Humblot 2009). Here's the abstract:

The Hague Peace Conferences of 1899 and 1907 dealt with three interlinked topics: the peaceful settlement of disputes, including by arbitration; the restriction of armaments and military budgets; the laws of war. The first two were aimed at preventing the outbreak of war, not by restricting the jus ad bellum in its substance, but by inducing states not to use their continuing war power and to limit the growth of their war machinery. The third topic was concerned with containing the brutality of war where its prevention had failed. Whereas the Conferences succeeded in codifying the laws of war, they made less progress with regard to the peaceful settlement of disputes and failed on limiting armaments. Worst of all, they could not prevent the outbreak of World War I.

This volume uses the occasion of the 100th anniversary of the Second Hague Peace Conference to follow up on the then concerns and objectives, looking at the Hague legacy through the lens of today's problems. The 27 contributions treat the most pressing recent issues of non-proliferation and disarmament, international humanitarian law and judicial dispute settlement. Three questions run like a thread through this volume: 1. In which areas have the promises of 1899 and 1907 remained unfulfilled and why? 2. In which areas has there been progress, in which other areas perhaps regression? 3. What are our prospects and how can we international lawyers help shaping a promising future in respect of the prevention and containment of war?

Whereas the "empire of law" in international relations and the age of international justice, which were envisaged in the Convention for the Pacific Settlement of International Disputes of 1899/1907, have not yet arrived on the global level, we Europeans have made considerable progress since 1945. But in the age of globalization, Europe cannot for long remain an Isle of the Blest. Together with the other peoples of the United Nations we must therefore strive toward fulfilling the promises of the UN Charter and the Universal Declaration of Human Rights - peace, justice, freedom and prosperity for everyone and all nations large and small. Only then can wars be prevented.

Contents include:

• T. Giegerich, Prevention and Containment of War: Two Fateful Missions Unaccomplished
• J. Delbrück, Walther Schücking's Contribution to the International Rule of Law
• S.C. Neff, The Hague Peace Conferences and a Century of Further Struggles
• I. Anthony, Weapons of Mass Destruction: Reduction of Stockpiles and Non-Proliferation
• H. Krieger, Disarmament Obligations of and Assurances of Non-Use by Nuclear Weapon States
• C. Schaller, Keeping Weapons of Mass Destruction from Terrorists. An International Law Perspective
• K. Dörmann, Conventional Disarmament: Nothing New on the Geneva Front?
• C. Höhn, International Humanitarian Law in the European Union's Common Foreign and Security Policy, in Particular the EU Code of Conduct on Arms Exports
• S.D. Murphy, Protean Jus ad Bellum
• C. Gray, The International Community's "Responsibility to Protect" Populations from War Crimes and Other International Crimes
• K. Schmalenbach, Preventing and Rebuilding Failed States
• D. Richter, Humanitarian Law and Human Rights: Intersecting Circles or Separate Spheres?
• R. Hofmann, Can Victims of Human Rights Violations Claim Damages?
• R. Wilde, From Trusteeship to Self-Determination and Back Again: The Role of the Hague Regulations in the Evolution of International Trusteeship, and the Framework of Rights and Duties of Occupying Powers
• E. Benvenisti, The Law on the Unilateral Termination of Occupation
• G.H. Fox, A Return to Trusteeship? A Comment on International Territorial Administration
• R. Heinsch, The International Committee of the Red Cross and the Challenges of Today's Armed Conflicts
• W. Kälin, The ICRC's Compilation of the Customary Rules of Humanitarian Law
• H.-J. Heintze, Terrorism and Asymmetric Conflicts: A Role for the Martens Clause?
• K. Oellers-Frahm, Nowhere to Go? The Obligation to Settle Disputes Peacefully in the Absence of Compulsory Jurisdiction
• B. Simma, How Has Article 36 (2) of the ICJ Statute Fared?
• C.J. Tams, The Continued Relevance of Compromissory Clauses as a Source of ICJ Jurisdiction
• F. Hoffmeister, The Aegean Conflict. An Unsettled Dispute in Turkey's EU Accession Course
• O. Dörr, The European Court of Justice Getting in the Way: The Abortive MOX Plant Arbitration
• C. Chinkin, C. Tomuschat, & N. Ronzitti, Panel Discussion: Has International Law Civilized Conflicts since 1907?

Cassel: Honduras: Coup d'Etat in Constitutional Clothing?

Doug Cassel (Univ. of Notre Dame - Law) has posted an ASIL Insight on Honduras: Coup d'Etat in Constitutional Clothing?

LaViolette: The UNHCR'S Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity

Nicole LaViolette (Univ. of Ottawa - Law) has posted an ASIL Insight on The UNHCR'S Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity.

Salman: The World Bank Policy for Projects on International Waterways

Salman M.A. Salman (The World Bank) has published The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis (Martinus Nijhoff Publishers 2009). Here's the abstract:

The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis discusses the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank faced the challenges stemming from such projects, and analyzes the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. It then examines the main features, as well as the implementation experience, of each of the policies issued in 1956, 1965, and 1985. The principles of international water law prevailing at each stage are reviewed and compared with those of the Bank policy. The book discusses in detail the notification process, the different riparians’ responses, and how objections to Bank-financed projects are handled, as well as the exceptions to the notification requirement. It also assesses how the Bank has dealt with transboundary groundwater, and the linkages of the policy with the policies on disputed areas and environmental impact assessment. The book concludes with an overview of the main findings and lessons drawn from the implementation experience.

New Issue: Trade, Law and Development

The inaugural issue of Trade, Law and Development (Vol. 1, no. 1, 2009) is out. A call for papers for the journal's next issue is here. Contents include:

• Raj Bhala, Teaching China GATT
• Henning Grosse Ruse-Khan, Time for a Paradigm Shift? Exploring Maximum Standards in International Intellectual Property Protection
• Marcos A. Orellana, Evolving WTO Law Concerning Health, Safety and Environmental Measures

Symposium: Australasian Forum for International Arbitration 2009

The 19th Symposium of the Australasian Forum for International Arbitration will take place this Friday, August 7th at Sydney Law School. The program is here.

McGuinness: Old W(h)ine, Old Bottles: A Reply to Professor Paulsen

Margaret E. McGuinness (Univ. of Missouri - Law) has posted Old W(h)ine, Old Bottles: A Reply to Professor Paulsen (Yale Law Journal Online, forthcoming). Here's the abstract:

This essay reply to Professor Michael Stokes Paulsen, "The Constitutional Power to Interpret International Law," 118 Yale L.J. 1774 (2009) argues that Paulsen’s static, formalist portrait of the foreign affairs Constitution stands in stark contrast to the dynamic realities of transnational lawmaking today.

Paulsen’s central claim, that the U.S. Constitution is the domestic means through which United States’ international legal obligations are realized and enforced, is neither controversial nor “threaten[ing to] all that the community of ‘international law’ scholars hold most dear.” His corollary claim, that the Constitution “binds” U.S. actors in a way that international law does not, simply does not reflect reality. To the contrary, as Paulsen recognizes, most international obligations undertaken by the United States become domestic law through well-accepted constitutional mechanisms and are carried out in rather unremarkable ways, with disputes about their application or interpretation being resolved on a regular basis through domestic or international dispute settlement bodies. For all Paulsen’s claims of the “fogginess” that surrounds “vague” and “elliptical” international law, U.S. participation in the international legal system operates smoothly and in ways largely indistinguishable from the application of domestic law.

Paulsen’s secondary claim, which he argues flows from the claim of constitutional superiority over international law, is that international law is not “law” at all, but rather policy. This attack on what Steven Colbert might call the “lawiness” of international law has a long pedigree. But whether international law represents “law,” “policy,” “political commitment,” “best practices,” or something else, does not answer the more interesting and salient question of whether international law alters the behavior of actors in practice and not just in theory.

Just as non-legal domestic costs alter the behavior of the President, Congress, and the Court, the “policy” costs of non-compliance with international obligations posited by Paulsen in some cases are real enough to actually change the behavior of American constitutional actors. The Bush administration’s use of torture against detainees captured as part of the post-9/11 war against terrorism is a useful illustration of how costs ultimately restrained behavior. Despite all the constitutional powers that Paulsen posits were available to the President – the power to unilaterally breach both the Geneva Conventions (“GCs”) and the Convention Against Torture (“CAT”) in whole or in part – President Bush never publicly repudiated or stated that he was breaching or suspending those obligations. To the contrary, President Bush and other officials repeatedly stated during the period 2004-2007 that the administration “does not torture,” that its programs complied with domestic and international law, and that it remained committed to compliance with the GCs and the CAT. This is a remarkable fact given that many key members of the Bush legal policy team held views of international law and the Constitution similar to Professor Paulsen’s.

However one characterizes those costs, the torture narrative explains how external costs constrained actors and altered their interest calculations. The altered calculation of interests in turn affected how the constitutional actors in the U.S. (especially, perhaps, the Supreme Court) interpreted and applied their own constitutional powers. Paulsen’s analysis concedes that these costs of non-compliance may be real; he just does not want the corresponding constraints of those costs to be called “law.” But the label is not important to identifying the binding force of international law. Recent history amply demonstrates that it is not the force of international law that is, as Paulsen argues, “largely an illusion,” rather it is the idea of any domestic constitutional order can cut itself from considerations of international law that is illusory.

New Issue: Michigan Journal of International Law

The latest issue of the Michigan Journal of International Law (Vol. 30, no. 3, Spring 2009) is out. Contents include:

• Symposium: Territory Without Boundaries
• Dino Kritsiotis, Public International Law and Its Territorial Imperative
• Saskia Sassen, Bordering Capabilities Versus Borders: Implications for National Borders
• Eric A. Bilsky, Colonizing Natural Resources Conserving Marine Wildlife Through World Trade Law
• John A. Duff, Assemblage-Oriented Ocean Resource Management: How the Marine Environment Washes Over Traditional Territorial Lines
• Ted L. McDorman, Canada-United States Cooperative Approaches to Shared Marine Fishery Resources: Territorial Subversion?
• Hari M. Osofsky, Scaling "Local": The Implications of Greenhouse Gas Regulation in San Bernardino County
• Lisa R. Pruitt, Migration, Development, and the Promise of CEDAW for Rural Women
• Alice Edwards, Human Security and the Rights of Refugees: Transcending Territorial and Disciplinary Borders
• Ayelet Shachar, The Shifting Border of Immigration Regulation
• Adam Weiss, Transnational Families in Crisis: An Analysis of the Domestic Violence Rule in E.U. Free Movement Law
• Anthony J. Colangelo, Universal Jurisdiction as an International "False Conflict" of Laws
• Wolfgang Kaleck, From Pinochet to Rumsfeld: Universal Jurisdiction in Europe 1998-2008
• Anne Orford, Jurisdiction Without Territory: From The Holy Roman Empire to the Responsibility to Protect

Roth: Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice

Brad R. Roth (Wayne State Univ. - Law and Political Science) has posted Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice (Santa Clara Journal of International Law, forthcoming). Here's the abstract:

Nullum crimen sine lege and related doctrines that limit extraterritorial jurisdiction and confer immunity ratione materiae are not inconvenient obstacles to be circumvented, but crucial safeguards to be respected. These doctrines respond to the reality that the international community remains beset by serious moral disagreement, both about what count as just ends and about which harsh measures those ends might justify in circumstances of high-stakes political conflict. In such a world, in which very few hands are truly clean, unilateral invocations of universal principles must be viewed skeptically, and associated exercises of power treated guardedly. Prosecutions undertaken in the name of the international community must establish a requisite social, and not merely a moral, basis for condemning acts - including acknowledged human rights violations - as crimes, and for holding their state-authorized perpetrators as subject to individual penal responsibility.

An over-assertive approach to international criminal justice, to be pursued unilaterally in domestic justice systems, is troubling because it risks undermining what is arguably most valuable about international law. International law provides a framework for accommodation among the non-like-minded, and a normative basis for mobilizing broad opposition to the self-righteous violence of the powerful (even as it licenses uses of force where there is genuinely no reasonable alternative). Penal processes aim to identify villains, consequently to exclude them as bearers of recognized authority, and thus as partners in negotiation and accommodation. Appropriate though such outcomes are in an important subset of circumstances, it is dangerous to distract from the deeper truth that peace means peace with others as they are, not as we might like for them to be. One must seek peace, not always with the gentle, but often with the ruthless. A repudiation of that truth risks setting in motion, willy-nilly, a new ruthlessness to end all ruthlessness.

Trachtman: International Law and Domestic Political Coalitions: The Causes of Compliance with International Law

Joel P. Trachtman (Tufts University - The Fletcher School) has posted International Law and Domestic Political Coalitions: The Causes of Compliance with International Law. Here's the abstract:

The cause of compliance with international law is a domestic political decision to engage in the behavior that constitutes compliance. This article explains the importance of the interdependence between domestic politics and foreign politics in determining compliance. International legal commitments allow the formation of coalitions between those who will benefit by their own state’s compliance with the international legal rule in question, and those who will benefit from other states’ compliance with the international legal rule. This theory is based on established approaches to international relations in the political science literature, in particular two-level game theory associated with Robert Putnam and the “second image reversed” approach associated with Peter Gourevitch. The two extensions of this approach made in this article, (i) from international relations more broadly to international law, and (ii) from adherence to compliance, raise some questions, and bear some important fruit. These extensions help to illuminate the problem of compliance. The theory proposed here subsumes other theories of compliance and provides a highly plausible set of assumptions about the circumstances under which we may expect states to comply with international law.

New Issue: Yale Journal of International Law

The latest issue of the Yale Journal of International Law (Vol. 34, no. 2, Summer 2009) is out. Contents include:

• Anupam Chander, Trade 2.0
• Evan J Criddle & Evan Fox-Decent, A Fiduciary Theory of Jus Cogens
• Tara J. Melish, From Paradox to Subsidiarity: The United States and Human Rights Treaty Bodies
• Essays in Honor of W. Michael Reisman
• Harold Hongju Koh, Michael Reisman, Dean of the New Haven School of International Law
• Menachem Mautner, Michael Reisman's Jurisprudence of Suspicion
• Robert D. Sloane, More Than What Courts Do: Jurisprudence, Decision, and Dignity - In Brief Encounters and Global Affairs
• Siegfried Wiessner, Law as a Means to a Public Order of Human Dignity: The Jurisprudence of Michael Reisman
• James E. Baker, Jupiter as Everyman: Michael Reisman and the Scholar as Teacher
• Eyal Benvenisti, Rethinking the Divide Between Jus ad Bellum and Jus in Bello in Warfare Against Nonstate Actors
• Nicholas Rostow, International Law and the Use of Force: A Plea for Realism
• Steve Charnovitz, The Enforcement of WTO Judgments
• Hi-Taek Shin, The Domestic Decisionmaking Process and Its Implications for International Commitments: American Beef in Korea
• Guiguo Wang, China's Practice in International Investment Law: From Participation to Leadership in the World Economy
• Aaron X. Fellmeth, Nondiscrimination as a Universal Human Right
• Monica Hakimi, Secondary Human Rights Law
• Rosalyn Higgins, Closing Remarks at the Conference To Honor the Work of Professor Michael Reisman

Symposium: WTO Litigation: Issues and Reforms

The Sydney Centre for International Law will host a symposium on "WTO Litigation: Issues and Reforms," August 14, 2009. The program is available here. Here's the idea:

Litigation in the World Trade Organisation (WTO) affects issues of paramount importance to Australia, and its trade relations.

To further scholarship and understanding in relation to this emerging system of law, this symposium will consider various issues arising in WTO dispute settlement including treaty interpretation; burden of proof; standard of review; retaliation procedures; and the WTO negotiations reviewing the WTO Understanding on Dispute Settlement.

Conference: Changing Futures? Science and International Law

The American Society of International Law and the European Society of International Law will co-host a conference on "Changing Futures? Science and International Law," October 2-3, 2009, in Helsinki. (I posted the call for papers previously.) The program is now available here; panel details are here.

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 22, no. 3, September 2009) is out. Contents include:

• Robert Knox, Marxism, International Law, and Political Strategy
• Sonja Buckel & Andreas Fischer-Lescano, Gramsci Reconsidered: Hegemony in Global Law
• Hague International Tribunals: International Court of Justice
• Gionata Piero Buzzini, Lights and Shadows of Immunities and Inviolability of State Officials in International Law: Some Comments on the Djibouti v. France Case
• Hague International Tribunals: The International Criminal Court and Tribunals
• Håkan Friman, The International Criminal Court and Participation of Victims: A Third Party to the Proceedings?
• Wayne Jordash, The Practice of ‘Witness Proofing’ in International Criminal Tribunals: Why the International Criminal Court Should Prohibit the Practice
• Stefan Kirsch, Two Kinds of Wrong: On the Context Element of Crimes against Humanity
• Leila Sadat, Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity
• Current Legal Developments
• Ilias Bantekas, The Authority of States to Use Names in International Law and the Macedonian Affair: Unilateral Entitlements, Historic Title, and Trademark Analogies
• Hemme Battjes, In Search of a Fair Balance: The Absolute Character of the Prohibition of Refoulement under Article 3 ECHR Reassessed

New Issue: Mealey's International Arbitration Report

The latest issue of Mealey's International Arbitration Report (Vol. 24, no. 7, July 2009) is out.

New Issue: Revue de l'Arbitrage

The latest issue of the Revue de l'Arbitrage (2009, no. 1) is out. Contents include:

• David Chilstein, Arbitrage et droit pénal
• Khalid Zaher, Le nouveau droit marocain de l'arbitrage interne et international

Lecture: Taniguchi

Yasuhei Taniguchi (formerly, WTO Appellate Body) will deliver a lecture today at the Sydney Law School on "Does the WTO really settle international trade disputes? Reflections of a WTO Judge, international arbitrator & civil procedure professor."

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 7, no. 3, July 2009) is out. Contents include:

• Tzvetan Todorov, Memory as Remedy for Evil
• Janine Natalya Clark, The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina
• Sandesh Sivakumaran, Courts of Armed Opposition Groups: Fair Trials or Summary Justice?
• Symposium: Self-defence: Looking at International Law through the Prism of Domestic Criminal Law
• Salvatore Zappalà, Foreword
• Yoram Dinstein, The Hazards of Interdisciplinary Pollination: Some Critical Comments on Defending Humanity
• Richard V. Meyer, A Plea for Defending Humanity
• Harmen G. van der Wilt, Can Romantics and Liberals be Reconciled?: Some Further Reflections on Defending Humanity
• Yuval Shany, The Analogy's Limit: Defending the Rights of Peoples
• Richard V. Meyer & Mark David ‘Max’ Maxwell, The Natural Right to Intervene: The Evolution of the Concepts of Justification and Excuse for Both State and Individual
• National Prosecution of International Crimes: Cases and Legislation
• Nehal C. Bhuta & Volker Nerlich, Foreword
• Alfredo Strippoli, National Courts and Genocide: The Kravica Case at the Court of Bosnia and Herzegovina
• Annalisa Ciampi, The Italian Court of Cassation Asserts Civil Jurisdiction over Germany in a Criminal Case Relating to the Second World War: The Civitella Case
• Sharon Weill, The Targeted Killing of Salah Shehadeh: From Gaza to Madrid
• Hugh King, Unravelling the Extraterritorial Riddle: An Analysis of R (Hassan) v. Secretary of State for Defence
• Anthology
• Antonio Cassese & Gabriel Bach, Eichmann: Is Evil So Banal?

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 10, no. 3, June 2009) is out. Contents include:

• Florian Haugeneder, Corruption in Investor-State Arbitration
• Rahim Moloo & Alex Khachaturian, Foreign Investment in a Post-Conflict Environment
• An Chen & Dong Chen, What Should Be China's Strategic Position in the Establishment of New International Economic Order? With Comments on Neo-Liberalistic Economic Order, Constitutional Order of the WTO and Economic Nationalism's Disturbance of-Globalization
• Hakim Ben Hammouda, Stephen N. Karingi, Angelica E. Njuguna & Mustapha Sadni Jallab, Determinants of Diversification in Africa A Continental Analysis
• William Lawton Kirtley, The Transfer of Treaty Claims and Treaty-Shopping in Investor-State Disputes
• Badar Alam lqbal & Farha Naz Ghauri, Impact of Global Financial Crisis on FDI Inflows
• Georgios I. Zekos, Precedent and Stare Decisis by Arbitrations and Courts in Globalization

Buxbaum: Territory, Territoriality, and the Resolution of Jurisdictional Conflict

Hannah L. Buxbaum (Indiana Univ. - Law) has published Territory, Territoriality, and the Resolution of Jurisdictional Conflict (American Journal of Comparative Law, Vol. 57, no. 3, Summer 2009). Here's the abstract:

Ever-increasing gaps and overlaps in the national regulation of cross-border events challenge territorial sovereignty as the conceptual basis for rules on legislative jurisdiction. At the same time, the work of scholars in a range of disciplines, including international relations and critical geography, has complicated our understanding of the relationship between territory and power in the age of globalization. As a result, emerging models of jurisdictional theory are moving away from territory, and territorially based concepts of regulatory power, as the basis for defining legislative authority. What risks being overlooked in this shift is the critical step between re-thinking the construction of territory and rejecting the salience of territoriality to jurisdictional frameworks. While territorial contacts may function as simple factual inputs in jurisdictional analysis, "territoriality" and "extraterritoriality" are legal constructs—claims made by particular actors, and assessed by particular institutions, within particular legal systems. The meaning of such claims is therefore dependent upon the local practices and understandings of specific regimes. This Article uses a case study of the role of territory in U.S. and German competition law to uncover differences in those systems that affect their respective constructions of territoriality. It argues that local legal and institutional frameworks remain relevant in the transition from traditional conflicts models to newer regulatory strategies, and that the process of integrating critical reconceptualizations of territory into jurisdictional theories must account for differences in those frameworks across regimes.

Call for Papers: Research Conference on ICC and Complementarity: From Theory to Practice

The Grotius Centre for International Legal Studies (Leiden University, Campus The Hague) has issued a call for papers for a research conference on "The ICC and Complementarity: From Theory to Practice," to take place September 15-16, 2009. (The conference's tentative program is here; a list of speakers who have already committed to giving papers is here.) Here's the call:

Conference Invitation

The Grotius Centre and Campus The Hague are delighted to invite you to our Research Conference on the "ICC and Complementarity: From Theory to Practice" which will take place on September 15th and 16th 2009 at the Peace Palace and Campus Den Haag. Part of the presentations will be selected by a Call for Papers to which you are cordially invited to contribute.

Complementarity is one of the cornerstones of the architecture of the Rome Statute. The purpose of this conference is to provide fresh analysis of core aspects of the context, interpretation and treatment of complementarity and its application in specific situations.

The conference seeks to bring in insights and perspectives from political and social scientists as well as legal scholars. It will be interest to scholars, decisions-makers, policy advisors, NGO’s and practitioners who wish to explore how complementarity shapes various aspects of international practice, ranging from prosecutorial strategy and criminal policy to statutory interpretation, implementation and compliance.

Call for papers

The morning panel of the Conference on September 16 will be open to presentation by researchers and scholars, which will be determined by a Call for Papers. The Grotius Centre seeks submissions on the theme of the Conference/research project.

Scholars from all disciplines are invited to submit a proposal (1 page abstract and CV). A proposal should ideally focus on an article/paper project which makes a novel contribution to research in the field. All submissions will be reviewed by a panel. Up to four proposals can be selected for presentation.

If you would like to participate in this Call for Papers, please send your proposal by August 21 to grotiuscentre@campusdenhaag.nl.

Presented papers will be considered for publication in a Journal or volume.

New Issue: Chicago Journal of International Law

The latest issue of the Chicago Journal of International Law (Vol. 10, no. 1, Summer 2009) is out. Contents include:

• Symposium: Great Power Politics
• Christopher J. Borgen, The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia
• Robert J. Delahunty & John Yoo, Great Power Security
• Kenneth Anderson, United Nations Collective Security and the United States Security Guarantee in an Age of Rising Multipolarity: The Security Council as the Talking Shop of the Nations
• Paul B. Stephan, Symmetry and Selectivity: What Happens in International Law When the World Changes
• Daniel Abebe, Great Power Politics and the Structure of Foreign Relations Law
• Symposium: Anti-Competitive Behavior and International Law
• Daniel A. Crane, Substance, Procedure, and Institutions in the International Harmonization of Competition Policy
• David S. Evans, Why Different Jurisdictions Do Not (and Should Not) Adopt the Same Antitrust Rules
• Damien Geradin, The Perils of Antitrust Proliferation: The Globalization of Antitrust and the Risks of Overregulation of Competitive Behavior
• Randal D. Heeb, William E. Kovacic, Robert C. Marshall, & Leslie M. Marx, Cartels as Two-Stage Mechanisms: Implications for the Analysis of Dominant-Firm Conduct
• Cesare P.R. Romano, Can You Hear Me Now? The Case for Extending the International Judicial Network
• Shimon Shetreet, The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges
• Carl Baudenbacher, If Not EEA State Liability, Then What? Reflections Ten Years after the EFTA Court's Sveinbjörnsdóttir Ruling

New Issue: Journal of International Maritime Law

The latest issue of the Journal of International Maritime Law (Vol. 15, no. 2, 2009) is out. Contents include:

• M.N. Tsimplis, Liability in respect of passenger claims and its limitation
• Duygu Damar, Compulsory insurance in international maritime conventions
• Iliana Chritodoulou-Varotsi, Demystifying air pollution from ships via trading schemes: how far can we go?