Nunan on Mazower's Governing the World: The History of an Idea

Over at the Humanity Blog, Timothy Nunan (Univ. of Oxford - History) has a five-part review of Mark Mazower's recently published Governing the World: The History of an Idea (Penguin Press 2012). The posts are here, here, here, here, and here.

da Costa: The Extraterritorial Application of Selected Human Rights Treaties

Karen da Costa (National Univ. of Ireland, Galway - Irish Centre for Human Rights) has published The Extraterritorial Application of Selected Human Rights Treaties (Martinus Nijhoff Publishers 2012). Here's the abstract:

In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 25, no. 4, December 2012) is out. Contents include:

• Research Articles
• Elies van Sliedregt, Pluralism in International Criminal Law
• International Legal Theory
• Samantha Besson, The Extraterritoriality of the European Convention on Human Rights: Why Human Rights Depend on Jurisdiction and What Jurisdiction Amounts to
• Mohammad Shahabuddin, ‘Ethnicity’ in the International Law of Minority Protection: The Post-Cold War Context in Perspective
• International Law and Practice
• Christina Binder, Stability and Change in Times of Fragmentation: The Limits of Pacta Sunt Servanda Revisited
• Monika Ambrus, Genocide and Discrimination: Lessons to Be Learnt from Discrimination Law
• Norel Meagu, The Ne Bis in Idem Principle in the Interpretation of European Courts: Towards Uniform Interpretation
• Hague International Tribunals: International Court of Justice
  • Stefan Talmon, Jus Cogens after Germany v. Italy: Substantive and Procedural Rules Distinguished
  • François Boudreault, Identifying Conflicts of Norms: The ICJ Approach in the Case of the Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)
• Review Essay
• Rain Liivoja, Regulating the Private Military and Security Industry: A Quest to Maintain State Control and Preserve Public Values

Mertsch: Provisionally Applied Treaties: Their Binding Force and Legal Nature

Anneliese Quast Mertsch has published Provisionally Applied Treaties: Their Binding Force and Legal Nature (Martinus Nijhoff Publishes 2012). Here's the abstract:

In Provisionally Applied Treaties: Their Binding Force and Legal Nature, Anneliese Quast Mertsch examines the binding force and legal nature of treaties during the period of their provisional application, a subject the importance of which in practice is not reflected in the relatively limited attention paid to it in academic writing. She analyses academic opinion and international practice (including especially the manifestations of the intentions of the parties) on the subject. Whilst commonly considered as being in a class of their own, the book instead suggests that provisionally applied treaties are agreements whose binding force and legal nature can vary and should be determined on a case-by-case basis, as is done with other agreements in international law.

James Crawford Prize of the Journal of International Dispute Settlement

Submissions are being accepted for the second James Crawford Prize of the Journal of International Dispute Settlement. Here's the announcement:

The James Crawford Prize of the Journal of International Dispute Settlement (JIDS) is an annual prize which awards £500 of OUP books and a subscription to JIDS to the author of the best paper received by the Journal*. The winning papers will also be published in JIDS.

The selections will be made by a Prize Committee composed of the Editorial Director, the Associate Editors, and possibly further members of the Editorial Board of JIDS depending on the narrower fields of the papers submitted for the prize. The Committee may choose not to award the prize and hold it over for a subsequent year if, in their view, the papers submitted do not reach the standards required.

Submissions should be sent to thomas.schultz@graduateinstitute.ch

Deadline for submissions is the 28th February 2013.

The Editorial Director and Publisher are happy to answer any questions about The James Crawford Prize of the Journal of International Dispute Settlement (JIDS)

* All contributors are eligible for the award, though preference may be given to young academics or authors at early stages of their careers.

New Issue: Journal of World Energy Law & Business

The latest issue of Journal of World Energy Law & Business (Vol. 5, no. 4, December 2012) is out. Contents include:

• Special Issue: Coping with political risk
• John Gault, Coping with political risk
• Alexander Van de Putte, David F. Gates, & Ann K. Holder, Political risk insurance as an instrument to reduce oil and gas investment risk and manage investment returns
• Eleodoro Mayorga Alba, The gas industry in Peru: challenges and prospects
• Daniel C. Crosby, Energy discrimination and international rules in hard times: what’s new this time around, and what can be done
• Liz Bossley, Dealing with reality

New Issue: International Affairs

The latest issue of International Affairs (Vol. 88, no. 6, November 2012) is out. Contents include:

• Special Issue: Forty years on: the UK and Europe
• Robert Cooper, Britain and Europe
• Quentin Peel & Michael Stürmer, You have full text access to this contentInterview with Hans-Dietrich Genscher
• Oliver Daddow, The UK media and ‘Europe’: from permissive consensus to destructive dissent
• James Spence, A high price to pay? Britain and the European budget
• Maclolm Levitt, The City and EMU
• Julie Smith, The European dividing line in party politics
• Sven Biscop, The UK and European defence: leading or leaving?
• Arthur I. Cyr, Britain, Europe and the United States: change and continuity

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 56, no. 6, December 2012) is out. Contents include:

• Geoffrey P. R. Wallace, Welcome Guests, or Inescapable Victims?: The Causes of Prisoner Abuse in War
• Melani Cammett & Edmund Malesky, Power Sharing in Postconflict Societies: Implications for Peace and Governance
• Jonathan Powell, Determinants of the Attempting and Outcome of Coups d’état
• Hyeran Jo & Hyun Namgung, Dispute Settlement Mechanisms in Preferential Trade Agreements: Democracy, Boilerplates, and the Multilateral Trade Regime
• Cary Deck & Roman M. Sheremeta, Fight or Flight?: Defending against Sequential Attacks in the Game of Siege
• Ilan Bronstein, Noa Nelson, Zohar Livnat, & Rachel Ben-Ari, Rapport in Negotiation: The Contribution of the Verbal Channel
• Hadar Behrendt & Rachel Ben-Ari, The Positive Side of Negative Emotion: The Role of Guilt and Shame in Coping with Interpersonal Conflict

Murphy: Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC's Work Product

Sean D. Murphy (George Washington Univ. - Law) has posted Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC's Work Product (in The Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, Maurizio Riggazi ed., forthcoming). Here's the abstract:

Over its life, the U.N. International Law Commission has developed various ways of “packaging” its work product. Multiple techniques are available for balancing the Commission’s roles in advancing the codification and progressive development of international law – choices about the format of the project, about how to characterize the project in the associated commentary, and about the recommendation to the U.N. General Assembly on what should be done with the completed project. While creative use of such techniques to suit the particular topics on the Commission’s agenda is to be welcomed, the Commission’s authority and legacy ultimately will turn on whether States and other relevant actors view the Commission as adhering to its statutory role or perceive it as aggregating to itself the role of legislator.

Langer: Participation and Accountability to the International Community as Legitimacy Requirements of Universal Jurisdiction: Illustrations from the German Code

Maximo Langer (Univ. of California, Los Angeles - Law) has posted Participation and Accountability to the International Community as Legitimacy Requirements of Universal Jurisdiction: Illustrations from the German Code. Here's the abstract:

Questions on the legitimacy of the exercise of universal jurisdiction by states over crimes against humanity, genocide and war crimes have generated great attention among policy-makers and scholars. This article argues that allowing participation and being accountable to the international community are two legitimacy requirements that universal jurisdiction statutes and proceedings should strive to meet. The article shows that these principles of participation and accountability to the international community are legitimacy requirements of universal jurisdiction regardless of which conception of international law and international institutions one adopts — statist, cosmopolitan democracy, natural law, global administrative law, or global constitutionalism. The article then analyzes how these principles of participation and accountability have important implications for many of the central debates on universal jurisdiction statutes and proceedings such as which crimes they may include, how these crimes should be defined, which doctrines of the general part of international criminal law they should incorporate, how universal jurisdiction cases should be selected, what the relationship between universal jurisdiction prosecutions and the ICC should be, and how individual universal jurisdiction proceedings could give participation to the international community. The article takes the German Code of Crimes against International Law (VStGB) as a case study to illustrate its analysis.

Aydin: Foreign Powers and Intervention in Armed Conflicts

Aysegul Aydin (Univ. of Colorado, Boulder - Political Science) has published Foreign Powers and Intervention in Armed Conflicts (Stanford Univ. Press 2012). Here's the abstract:

Intervention in armed conflicts is full of riddles that await attention from scholars and policymakers. This book argues that rethinking intervention—redefining what it is and why foreign powers take an interest in others' conflicts—is of critical importance to understanding how conflicts evolve over time with the entry and exit of external actors. It does this by building a new model of intervention that crosses the traditional boundaries between economics, international relations theory, and security studies, and places the economic interests and domestic political institutions of external states at the center of intervention decisions.

Combining quantitative and qualitative evidence from both historical and contemporary conflicts, including interventions in both interstate conflicts and civil wars, it presents an in-depth discussion of a range of interventions—diplomatic, economic, and military—in a variety of international contexts, creating a comprehensive model for future research on the topic.

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 13, no. 5, 2012) is out. Contents include:

• Francis N. Botchway, The Diminishing Acts of the State. Or, Is It?
• Sergey A. Voitovich, Agreed Settlement v. Unfavourable Award in Investment Arbitration
• Bishnu Kumar Adhikary, Trends and Dimensions of FDI in South Asian Economies - A Comparative Analysis
• Xiuli Han, The Case of Philip Morris v. Uruguay: A Preliminary Observation from a Chinese Scholar
• Srikanth Hariharan, Standard of Review and Burden of Proof in WTO Jurisprudence
• Ahmad Ali Ghouri & Nida Mahmood, Deciphering Pakistan's Foreign Investment Policy: A Review of Pakistani BITs

New Issue: Transnational Dispute Management

The latest issue of Transnational Dispute Management (2012, no. 5) is out. This is a special issue on "Legal Issues in Tobacco Control." The table of contents is here.

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 12, no. 5, 2012) is out. Contents include:

• Matthew Garrod, The Protective Principle of Jurisdiction over War Crimes and the Hollow Concept of Universality
• Farhad Malekian, Judging International Criminal Justice in the Occupied Territories
• Emily Haslam & Rod Edmunds, Common Legal Representation at the International Criminal Court: More Symbolic than Real?
• Valentina Azarov & Sharon Weill, Israel's Unwillingness? The Follow-Up Investigations to the UN Gaza Conflict Report and International Criminal Justice
• Rita Mutyaba, An Analysis of the Cooperation Regime of the International Criminal Court and its Effectiveness in the Court's Objective in Securing Suspects in its Ongoing Investigations and Prosecutions

Boisson de Chazournes, Kohen, & Viñuales: Diplomatic and Judicial Means of Dispute Settlement

Laurence Boisson de Chazournes (Univ. of Geneva - Law), Marcelo G. Kohen (Graduate Institute of International and Development Studies - Law), & Jorge E. Viñuales (Graduate Institute of International and Development Studies - Law) have published Diplomatic and Judicial Means of Dispute Settlement (Martinus Nijhoff Publishers 2012). The table of contents is here. Here's the abstract:

'Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.

Murphy: The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission

Sean D. Murphy (George Washington Univ. - Law) has posted The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission (American Journal of International Law, forthcoming). Here's the abstract:

This essay analyzes the work of the International Law Commission during its sixty-fourth session in Geneva from May 7 to June 1, and from July 2 to August 3, 2012. The session marked the first year of a new quinquennium (2012-2016), with the Commission having completed its work during the prior quinquennium on four major topics: transboundary aquifers; reservations to treaties; responsibility of international organizations; and effects of armed conflict on treaties. The central topic under discussion during the sixty-fourth session concerned the expulsion of aliens, which led to the adoption on first reading of thirty-two articles, together with commentaries, regarding a State’s power to remove non-nationals coercively from its territory. Work proceeded on the other topics already on the ILC’s agenda and two new topics were added to that agenda: the provisional application of treaties and customary international law.

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 7, no. 4, December 2012) is out. Contents include:

• Martin Ravallion & Adam Wagstaff, The World Bank’s publication record
• Leonardo Baccini & Soo Yeon Kim, Preventing protectionism: International institutions and trade policy
• Christopher Marcoux & Johannes Urpelainen, Capacity, not constraints: A theory of North-South regulatory cooperation
• Sarah S. Stroup & Amanda Murdie, There’s no place like home: Explaining international NGO advocacy

de la Rasilla del Moral: Francisco De Vitoria's Unexpected Transformations and Re-Interpretations for International Law

Ignacio de la Rasilla del Moral (Brunel Univ. - Law) has posted Francisco De Vitoria's Unexpected Transformations and Re-Interpretations for International Law (International Community Law Review, forthcoming). Here's the abstract:

Why is Francisco de Vitoria as hip as the iPad in International Legal Studies Today?. A review of some of the legacies of Vitoria in international legal scholarship today accompanies, in the first part of this work, a retrospective gaze at the first third of the Twentieth century so as to examine how the role played by the founder of the American Society of International Law, James Brown Scott, as the editor of The Classics of International Law, and his scholarly writings, contributed to (re)establish Francisco de Vitoria as the father of international law in the inter-war years. The second part provides, in its turn, a genealogy of the critical front of today’s Vitorian revival in international law. Special attention is, then, paid to some of the intellectual building-blocks and programmatic tenets which, since the late-1990s, have inspired a Third World Approaches to International Law’s (TWAIL) anti-imperial narrative of the international legal order along with a TWAIL’s re-interpretation and re-contextualization of the works of the Sixteenth century Prima professor of Sacred Theology at the University of Salamanca. The conclusion reflects on the lasting legacy of the Spanish Classics in the American tradition of international law in the Twentieth century.

Job Opening: Glasgow (Professor or Reader)

The University of Glasgow School of Law is seeking to hire a Professor or Reader in International Law and Security. The advertisement is here.

Call for Papers: Young International Lawyers Research Forum

A call for papers has been issued for the tenth edition of the Young International Lawyers Research Forum, which will be held on January 24-25, 2013, at the University of Catania. The conference theme is "A Lackland Law? Territory, Effectiveness and Jurisdiction in International and European Law" / "Un Diritto Senza Terra? Funzioni e Limiti del Principio Di Territorialità nel Diritto Internazionale e Dell’unione Europea." The deadline for the submission of abstracts is November 24, 2012. The call is here (English / Italian).

Call for Submissions: Hague Yearbook of International Law

The Hague Yearbook of International Law has issued a call for submissions for its forthcoming 2012 volume. Here's the call:

Call for Papers for the 2012 issue

The Hague Yearbook of International Law is an annual peer-reviewed publication that provides a forum for analyzing the most recent trends in international law, which is shaped by the many international institutions that are based in The Hague. Thus, the Hague Yearbook of International Law is a reference tool for tracking the current trends in practice and scholarly discussions in international law broadly understood. Accordingly, the scope of the Hague Yearbook of International Law covers public international law, private international law, international investment law, international criminal law as well as relevant European law.

The Editorial Board welcomes both longer in-depth articles (8,000-20,000 words) and shorter notes and commentaries (4,000-7,000 words), which analyze the most recent developments in international law that have a nexus with the international institutions based in The Hague.

The deadline for submission is 1 January 2013.

All submissions should be written in English or French, in MS WORD compatible format and delivered by email to the Editorial Board: hagueyearbook@gmail.com

All submissions must be submitted in conformity with the “Authors' Instructions”, which is available here.

All submissions must be original, unpublished works and will be peer-reviewed. Submissions will only be definitely accepted if they are in full comliance with the "Authors' Instructions". Publication is subject to transfer of copyright to the publisher.

Conforti, Vezzani, & Zagrebelsky on the ECHR

Recently, the Italian Society of International Law posted three essays on the European Convention on Human Rights. They are:

• Benedetto Conforti, L’adhésion de l’Union Européenne à la Convention Européenne des Droits de l’Homme
• Simone Vezzani, L’Unione europea e i suoi Stati membri davanti ai giudici di Strasburgo: una valutazione critica del meccanismo del co-respondent
• Vladimiro Zagrebelsky, La irragionevolezza della legge italiana sulla procreazione assistita nel giudizio della Corte

Fassbender & Peters: The Oxford Handbook of the History of International Law

Bardo Fassbender (Universität der Bundeswehr München - Law) & Anne Peters (Universität Basel - Law) have published The Oxford Handbook of the History of International Law (Oxford Univ. Press 2012). The table of contents is here. Here's the abstract:

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world.

Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht.

The Handbook will be an invaluable resource for scholars and students of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It aims to become the new standard reference work for the global history of international law.

New Volume: Hague Yearbook of International Law

The latest volume of the Hague Yearbook of International Law (Vol. 24, 2011) is out. Contents include:

• Special Focus: Private International Law
• Hans van Loon, The Hague Conference on Private International Law: Asser’s Vision and an Evolving Mission
• Alex Mills, Rediscovering the Public Dimension of Private International Law
• Aukje A.H. van Hoek, Managing Legal Diversity – New Challenges for Private International Law
• Hans Corell, Looking Forward in the Spirit of Asser: Identifying Developments in the Global Society that Need to Be Addressed in International Law
• Micah R. Thorner & Abigail Ludwig, Hague Conference on Private International Law – Work in 2011
• Nino Sievi, Enforceability of International Choice of Court Agreements: Impact of the Hague Convention on the US and EU Legal System
• Public International Law
• Dovile Morkyte, International Law as a Legal Basis for Unilateral Humanitarian Intervention
• Charles Riziki Majinge, The Use of Force in International Law and the UN Security Council Resolutions 1970 & 1973 on Libya
• Elizabeth Campbell, Self-defence and the International Court of Justice: A Review of Recent ICJ Case Law and Opinions Concerning Article 51 of the UN Charter
• Noemi Gal-Or, Terrorism and the Non-State Actor in the 2011 Interlocutory Decision of the Appeals Chamber of the Special Tribunal for Lebanon
• Kushtrim Istrefi & Zane Ratniec, Think Globally, Act Locally: Al-Jedda’s Oscillation between the Coherence of International Law and Autonomy of the European Legal Order e
• Mamoud Zani, L’Organisation internationale du Travail et le travail des enfants: a propos de la Convention n°182 sur les pires formes de travail des enfants
• International Investment Law and Arbitration
• Nikos Lavranos, Member States’ Bilateral Investment Treaties (BITs): Lost in Transition?
• Taida Begić Šarkinović, Umbrella Clauses and Their Policy Implications
• Yael Ribco Borman, Treaty Shopping Through Corporate Restructuring of Investments: Legitimate Corporate Planning or Abuse of Rights?
• Ihab Amro, Review of a Foreign Arbitral Award by National Courts: A Comparative Study in Common Law and Civil Law Countries
• Yannick Radi, The Coherence of International Law: An Illustration by International Investment Law

Conference: The International Criminal Court at Ten

On November 11-12, 2012, the Whitney R. Harris World Law Institute at Washington University in St. Louis School of Law will host a conference on "The International Criminal Court at Ten." The program is here. Here's the idea:

The Whitney R. Harris World Law Institute will host a major international conference on November 11-12, 2012 to commemorate the tenth anniversary of the International Criminal Court (ICC). This international gathering follows immediately on the heels of the 2012 U.S. presidential election, and will precede the 11th session of the ICC ASP in The Hague, making it both timely and important.

The conference will begin with a day of remembrance honoring the victims of atrocity crimes and the memory of Whitney R. Harris in celebration of his 100th Birthday and will be followed by a symposium focused on the International Criminal Court's achievements and challenges to date, early jurisprudence and future directions of the Court, and discuss the U.S. position towards the Court.