Wednesday, August 7, 2013

Chase et al.: Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements - Innovative or Variations on a Theme?

Claude Chase (World Trade Organization), Alan Yanovich (World Trade Organization), Jo-Ann Crawford (World Trade Organization), & Pamela Ugaz (Univ. of Geneva) have posted Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements - Innovative or Variations on a Theme? Here's the abstract:
Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most, if not all, RTAs contain provisions that establish procedures for resolving disputes among their signatory members. Yet, the design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO dispute settlement system remain relatively unexplored. Existing academic literature has primarily focused on the narrow issue of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and classifying systematically the DSMs of RTAs is more limited. This research paper goes beyond considering the issue of jurisdictional conflict between the multilateral and "regional" regimes. We map out the DSMs in RTAs that have been notified to the WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also use the data obtained from our mapping exercise in two ways. First, we identify trends and patterns of use, either regionally or by individual countries, of the different types of DSMs in RTAs. Trends are analysed in relation to five key factors: (i) evolution over time, (ii) level of economic development, (iii) regional characteristics, (iv) level of integration (partial scope agreement, free trade agreement or customs union), and (v) configuration (bilateral or plurilateral). Second, we undertake a "nuts and bolts" analysis of the DSMs of RTAs by examining their approach to various issues in international dispute settlement. Our aim is to draw conclusions about the extent to which the predominant type of DSM in RTAs has features that are different from those of the WTO dispute settlement system.

Conference: The Anatomy of the (Invisible) EU Model BIT

On November 25-26, 2013, a conference on "The Anatomy of the (Invisible) EU Model BIT" will be held at the University of Vienna Law School. The program is here. Here's the idea:
With the on-going negotiations of the first EU international investment agreements and in the absence of a definitive EU Model BIT, the debate on the scope, the standards of protection, investor-state dispute settlement provisions and on additional features to be included in new EU investment treaties has taken centre stage in recent EU investment policy discussions. The objective of this second Vienna conference on the European Union and international investment law is to put the pieces together and discover the shape of the (invisible) EU Model Investment Treaty.

Mégret: Should Rebels Be Amnestied?

Frédéric Mégret (McGill Univ. - Law) has posted Should Rebels Be Amnestied? Here's the abstract:
This paper was first presented at a conference organized by the Grotius Centre in Hague on the jus post bellum. It seeks to take a new look at a critical question, whether rebels in non-international armed conflicts should benefit from an amnesty at the close of hostilities. Such an amnesty effectively amounts to recognizing a privilege of belligerency retrospectively for rebels, at least insofar as the penal consequences of their acts are concerned. Protocol II takes a cautious position in that direction requiring states to "endeavor to grant" such amnesties, but the provision clearly created some unease at the 1974-77 conference. The chapter traces this unease to the fact that it is not clear what the rationale for the rule is, nor why it has its place in an international humanitarian law treaty. Amnesties may indeed facilitate peace or reconciliation, but one could also argue that in absolving those guilty of some of the worst offences against the state's order they are the very anti-thesis of seeking to reestablish the rule of law. The argument is often heard that conferring a privilege of belligerency will encourage non-state actors' compliance with international humanitarian law, but that simplistic assumption is criticized as not psychologically or sociologically plausible. Inquiring into the foundation of the privilege of belligerency in international armed conflicts, it is argued that contrary to what is often assumed the privilege has no logical or necessary connection to the jus in bello project, and instead manifests the relative legitimacy of war, even in an age of jus contra bellum, as that form of violence engaged in by states or entities that can be assimilated to it. In this classical view, then, the privilege of belligerency results from an "agreement to disagree" between equals against the background of an irreducible international order. In a priori non-international situations, the ability to emulate state-like characteristics and produce an objectively international situation by puncturing the legal unity of the state substantially aligns such situations with those of international armed conflicts. The amnesty then manifests a recognition that the "criminal" had effectively become the "enemy." However, that particular concept of the foundation of the privilege of belligerency is only so strong as international society's concept of the jus ad bellum is relatively weak. The privilege effectively protects the situation of the unjust/illegal warrior in ways that may be hard to rationalize, especially in a context where its humanitarian benefits have been shown to be meagre. In non-international armed conflicts, Protocol II's injunction to confer amnesties covers both acts of killing in war and the very fact of taking up arms. The latter is not a humanitarian issue, and it is therefore unclear what business a humanitarian treaty has of telling states how they should deal with a fundamental threat to their internal sovereignty. To the extent that the former is not strictly necessary to the humanitarian project, the encouragement to provide an amnesty is both over inclusive (encouraging amnesties for unjust/illegal rebellions) and under inclusive (failing to render amnesty compulsory in cases where they are manifestly just/legal). The paper finds that whether amnesties should be granted ultimately depends on whether one considers that there is at present a jus ad rebelium in international law. It concludes with a few thoughts on the power of considering these issues ex post in the just post bellum, as a way of evaluating a non-state actor's overall performance in war that safely fuses jus in bello and jus in bellum issues.

Tuesday, August 6, 2013

New Issue: Revue Québécoise de Droit International

The latest issue of the Revue Québécoise de Droit International (Vol. 25, no. 1, 2012) is out. Contents include:
  • Études
    • Jacques Joël Andela, L'article XX du GATT de 1994 dans la jurisprudence de l'Organe de règlement des différends de l'OMC : une analyse sous le prisme environnemental
    • Geneviève Dufour, Le retrait du Canada du Protocole de Kyoto et le droit international public – Droit de dénonciation, abus de droit et responsabilité internationale
    • Joseph Kazadi Mpiana, La Cour pénale internationale et la République Démocratique du Congo : 10 ans après. Étude de l'impact du Statut de la Cour pénale internationale dans le droit interne congolais
    • Timothée Labelle & Jean-Nicholas Trudel, Au cœur de la reconstruction ivoirienne : la réconciliation
    • Mariana Peña-Pinon, Une Cour de Justice pour le Mercosur? Vraies-fausses avancées vers une institutionnalisation renforcée
  • Notes et commentaires
    • Francesca Astengo, Karlsruhe-Luxembourg: A New Distance after the 2009 Lisbon Treaty Ruling
    • Sylvette Guillemard & Marjorie Tête, Le forum non conveniens au Québec, une vingtaine d'années plus tard : encore quelques questions non résolues

Crawford: State Responsibility: The General Part

James Crawford (Univ. of Cambridge - Law) has published State Responsibility: The General Part (Cambridge Univ. Press 2013). Here's the abstract:
Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

Dejong & Petersson: The Foundations of Worldwide Economic Integration: Power, Institutions, and Global Markets, 1850–1930

Christof Dejung (Universität Konstanz - History) & Niels P. Petersson (Sheffield Hallam Univ. - History) have published The Foundations of Worldwide Economic Integration: Power, Institutions, and Global Markets, 1850–1930 (Cambridge Univ. Press 2013). The table of contents is here. Here's the abstract:
The essays in this volume discuss worldwide economic integration between 1850 and 1930, challenging the popular description of the period after 1918 as one of mere deglobalisation. The authors argue that markets were not only places of material exchange, but also socially structured entities, shaped by the agency of individual actors and by complex structures of political and economic power. Economic transactions were supported by an array of different institutions, ranging from formalised regulations to informal relations of personal trust. They argue that these networks were strong enough to prosper even during and after World War I, in a political climate often hostile to foreign trade. The Foundations of Worldwide Economic Integration shows that institutionalism altered its shape in the face of circumstances that increasingly challenged international trade. By presenting case studies from various countries, this book offers a fresh perspective on crucial periods of economic globalisation.

Call for Submissions: Between Pragmatism and Predictability: Temporariness in International Law

The Netherlands Yearbook of International Law has issued a call for submissions for articles on the theme "Between Pragmatism and Predictability: Temporariness in International Law." The call is here.

de Wet: Regional Organisations and Arrangements and Their Relationship with the United Nations: The Case of the African Union

Erika de Wet (Univ. of Pretoria - Law) has posted Regional Organisations and Arrangements and Their Relationship with the United Nations: The Case of the African Union (in The Oxford Handbook on the Use of Force, Marc Weller ed., forthcoming). Here's the abstract:
The contribution analysis the relationship between the UNSC and the AU in peace enforcement operations in Africa. It pays specific reference to the relationship of Article 4(h) of the AU Constitutive Act with Art 53 of the UN Charter. It also analyzes the peace operations undertaken by the AU to date.

Monday, August 5, 2013

Hilpold: The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment

Peter Hilpold (Univ. of Innsbruck - Law) has posted The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment (Max Planck Yearbook of United Nations Law, forthcoming). Here's the abstract:

The First World War led to far-reaching borders changes in Europe. As a consequence, a series of new minorities was created. In order to make sure that these minorities were treated properly and to avoid the creation of new national conflicts several states had to assume obligations for the protection of these minorities. The whole system was put under the guarantee of the League of Nations. The resulting system was an extraordinary experiment. The basis for human rights protection that should start after the Second World War was formed. The resulting system caught enormous academic interest in that time. With the failure of this system interest for the League´s minority protection rules stopped nearly at once. When interest for minority protection started again, this time at the UN level, it seemed that a wholly new basis had been found and that the inter-war experiment had been totally futile.

In this contribution it will be shown that the inter-war ideas and concepts of minority protection live on and that the insights gained in that time in the particularities of minority protection justify a return to respective literature. Furthermore, also the reasons for the demise of this system should be reconsidered. In fact, in the past all too easily the minorities themselves were held responsible for the failure of this order. In this context it is often said that minorities often behaved in a disloyal manner and therefore it was at least understandable that minority states over the years treated their minorities badly and finally denounced these obligations. In reality, however, such an attitude rests on a radical misinterpretation of the loyalty principle and on a denial of historic facts. Thereby a last and final act of injustice is set against these minorities that had to suffer enormous discrimination if not outright annihilation during the Second World War and in its immediate aftermath. It is suggested here that by a renewed academic interest for the rules on minority protection created in this period not only justice will be done to the lot of peoples that were exposed to enormous suffering but also much can be gained for present-day endeavours for minority and human rights protection.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 13, no. 3, August 2013) is out. Contents include:
  • Special Issue: The Institutional Fragmentation of Global Environmental Governance: Causes, Consequences, and Responses
    • Fariborz Zelli & Harro van Asselt, Introduction: The Institutional Fragmentation of Global Environmental Governance: Causes, Consequences, and Responses
    • Thijs Van de Graaf, Fragmentation in Global Energy Governance: Explaining the Creation of IRENA
    • Amandine Orsini, Multi-Forum Non-State Actors: Navigating the Regime Complexes for Forestry and Genetic Resources
    • Sylvia I. Karlsson-Vinkhuyzen & Jeffrey McGee, Legitimacy in an Era of Fragmentation: The Case of Global Climate Governance
    • Christoph Humrich, Fragmented International Governance of Arctic Offshore Oil: Governance Challenges and Institutional Improvement
    • Sebastian Oberthür & Justyna Pożarowska, Managing Institutional Complexity and Fragmentation: The Nagoya Protocol and the Global Governance of Genetic Resources
    • Michael Zürn Benjamin Faude, Commentary: On Fragmentation, Differentiation, and Coordination

Zyberi: An Institutional Approach to the Responsibility to Protect

Gentian Zyberi (Univ. of Oslo - Law) has published An Institutional Approach to the Responsibility to Protect (Cambridge Univ. Press 2013). The table of contents is here. Here's the abstract:
Covering the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect. It also proposes improvements to the current system of collective security and human rights protection.

Schneiderman: Resisting Economic Globalization: Critical Theory and International Investment Law

David Schneiderman (Univ. of Toronto - Law) has published Resisting Economic Globalization: Critical Theory and International Investment Law (Palgrave Macmillan 2013). Here's the abstract:
Is economic globalization irresistible? One of its main effects has been to shield financiers and investors from democratic processes deemed out-of-sync with powerful economic interests. This book is an inquiry into the ways by which citizens and states may be able to undo some of these constraints imposed by transnational legality.

Conference: Imperium iuris: Governance, Trade, Resources

The 2013 International Law Association Regional Conference will take place August 29-31, 2013, at the European Public Law Organization, Cape Sounion, Greece. The theme is "Imperium Juris: Governance, Trade, Resources." I noted the call for papers here. The program is here. Here's the idea:

On 24 September 2012 Heads of State and Government attended the High-Level meeting of the UN General Assembly on The Rule of Law at the National and International Levels reaffirmed in a solemn Declaration their "commitment to the rule of law", encompassing States and international organizations on the international level and all persons, institutions and entities, public and private, on the national level, and agreed that any "collective response to the challenges and opportunities arising from the many complex political, social and economic transformations ... must be guided by ..., as it is the foundation of friendly and equitable relations between States and the basis on which just and fair societies are built."

This Regional Conference, aptly taking place at the crossroads between the developed and the emerging world in times of global crisis, aims to concentrate on some manifestations of the rule of law, with particular reference to Governance, Trade and Resources. These areas are at the heart of current developments on the global scene, within a framework of international regulations, multiple actors, changing patterns of authority between and within States, emerging global needs leading to a renewed attention to human rights, energy and development.

In this context, this Regional Conference will explore cutting-edge issues within each field but also questions arising from the interplay between them. Panels under the general theme of Governance will provide both the background discussion on the architecture of international law and the prospects of further development in certain areas, such as the role assigned to actors on the international scene and the shifting structures of mechanisms on the protection of human rights, financial sovereignty and dispute settlement. Panels under the general theme of Trade will explore issues related to the workings of the WTO, investment and shipping. How these faces of reality in trade project into a more comprehensive system of trade governance is the natural query arising from their parallel development and invites further reflexion. Panels under the general theme Recourses will discuss new challenges pertaining to the management of shared resources, including energy and cultural resources, and their impact on sustainable development.

Within the context of international law, both private and public, academics and practitioners alike are invited to contribute their experience and expertise on the matter and explore areas of cross-fertilization in these important and continuously evolving fields.

Sunday, August 4, 2013

Conference: International Law Weekend – Midwest

The American Branch of the International Law Association's International Law Weekend – Midwest Regional Conference will take place September 19-21, 2013, at the Washington University School of Law. The theme is: "The Legal Challenges of Globalization: A View from the Heartland." The program is here.

Ragazzi: Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie

Maurizio Ragazzi has published Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013). Contents include:
  • Antônio A. Cançado Trindade, Some Reflections on Basic Issues Concerning the Responsibility of International Organizations
  • Kenneth Keith, The Process of Law-Making: the Law Relating to International Organizations as an Example
  • Sean D. Murphy, Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC’s Work Product
  • Alain Pellet, International Organizations are Definitely Not States: Cursory Remarks on the ILC Articles on the Responsibility of International Organizations
  • Michael Wood, ‘Weighing’ the Articles on Responsibility of International Organizations
  • Ranjan Amerasinghe, An Assessment of the ILC’s Articles on the Responsibility of International Organizations
  • Dan Sarooshi, International Organizations and State Responsibility
  • Chusei Yamada, Viability of the ILC’s Articles Formulated on the Basis of the Articles on State Responsibility
  • Maurizio Arcari, Parallel Worlds, Parallel Clauses: Remarks on the Relationship between the Two Sets of ILC Articles on International Responsibility and the UN Charter
  • Vincent-Joel Proulx, An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations
  • Tullio Scovazzi, Within and Beyond Mutatis Mutandis
  • Kristen Boon, The Role of Lex Specialis in the Articles on the Responsibility of International Organizations
  • Arnold N. Pronto, Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations
  • Emmanuel Roucounas, Practice as a Relevant Factor for the Responsibility of International Organizations
  • Gian Luca Burci & Clemens Feinäugle, The ILC’s Articles Seen from a WHO Perspective
  • José Manuel Cortés Martín, European Exceptionalism in International Law? The European Union and the System of International Responsibility
  • Daphna Shraga, ILC Articles on Responsibility of International Organizations: the Interplay between the Practice and the Rule (A View from the United Nations)
  • Laurence Boisson de Chazournes, United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions
  • Ross Leckow & Erik Plith, Codification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations
  • Maurizio Ragazzi, The World Bank and the ILC’s Project on the Responsibility of International Organizations
  • Robert Araujo, The Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See
  • John Dugard & Annemarieke Vermeer-Künzli, The Elusive Allocation of Responsibility to Informal Organizations: the Case of the Quartet on the Middle East
  • Rutsel Silvestre J. Martha, Attribution of Conduct after the Advisory Opinion on the Global Mechanism
  • Kazuhiro Nakatani, Responsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization
  • Paolo Palchetti, Exploring Alternative Routes: the Obligation of Members to Enable the Organization to Make Reparation
  • Pavel Šturma, The Responsibility of International Organizations and their Member States
  • Sienho Yee, ‘Member Responsibility’ for Acts of an Organization and the ILC Articles on the Responsibility of International Organizations: Some Observations
  • Sergio Puig, Responsibility of International Organizations and Justiciability of Disputes
  • Hugh Thirlway, Responsibility of International Organizations: What Role for the International Court of Justice?
  • Antonios Tzanakopoulos, The Countermeasure of Disobedience: Implementing the Responsibility of International Organizations
  • Simone Vezzani, Countermeasures by Member States against International Organizations
  • Blanca Montejo, The Notion of ‘Effective Control’ under the Articles on the Responsibility of International Organizations
  • P.S. Rao, United Nations Responsibility from Authorizing the Use of Force
  • Francesco Salerno, International Responsibility for the Conduct of ‘Blue Helmets’: Exploring the Organic Link

Saturday, August 3, 2013

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 12, no. 2, 2013) is out. Contents include:
  • Rosalyn Higgins, Shabtai Rosenne and the International Court of Justice
  • Conference on “The Judge and International Custom” CAHDI, Council of Europe Paris, September 2012, 2013
    • Edwige Belliard, Préface
    • Bernard Cazeneuve, Discours d’ouverture
    • Manuel Lezertua, Discours d’introduction
    • Michael Wood, Introductory Remarks
    • Peter Tomka, Custom and the International Court of Justice
    • Jiří Malenovský, Le juge et la coutume internationale : perspective de l’Union européenne et de la Cour de justice
    • Ineta Ziemele, Customary International Law in the Case Law of the European Court of Human Rights – The Method
    • Andreas Paulus, The Judge and International Custom
    • Bernard Stirn, La place de la coutume internationale en droit public français
    • Michael Wood, Formation and Evidence of Customary International Law, Address to the International Law Commission, Geneva, 30 July 2012

Friday, August 2, 2013

Bonacker & Safferling: Victims of International Crimes: An Interdisciplinary Discourse

Thorsten Bonacker (Univ. of Marburg - Peace and Conflict Studies) & Christoph Safferling (Univ. of Marburg - Law) have published Victims of International Crimes: An Interdisciplinary Discourse (Asser Press 2013). The table of contents is here. Here's the abstract:

In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several articles address this matter with a view to the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled.

This volume for the first time brings together international scholars from international criminal law, political science, peace and conflict studies, anthropology and sociology as well as practitioners to contribute to the understanding of the role victims play in processes dealing with serious human rights violations. It is of special interest to academics and practitioners in the aforementioned fields and to anyone taking the victim’s rights to heart.

Sattler, Spilker, & Bernauer: Does WTO Dispute Settlement Enforce or Inform?

Thomas Sattler (London School of Economics - International Relations), Gabriele Spilker (ETH Zurich), & Thomas Bernauer (ETH Zurich) have posted Does WTO Dispute Settlement Enforce or Inform? (British Journal of Political Science, forthcoming). Here's the abstract:
Whereas some researchers emphasize how World Trade Organization (WTO) dispute settlement reduces complexity and clarifies legislation, others argue that dispute rulings promote co-operation by providing an enforcement mechanism. This article identifies empirical implications from these distinct arguments and tests them on WTO disputes from 1995 to 2006. The study’s analytical approach combines a three-step coding of dispute escalation with a strategic bargaining model and statistical backwards induction to account for governments’ forward-looking behavior. It finds strong support for the argument that WTO dispute settlement primarily serves as an enforcement device. It finds much less support for the argument that dispute settlement reduces complexity and clarifies trade law. These results suggest that the role of WTO dispute settlement in generating information on acceptable trade policy standards is less relevant than proponents of the complexity argument tend to assume.

Provost: Teetering on the Edge of Legal Nihilism: Russia and the Evolving European Human Rights Regime

René Provost (McGill Univ. - Law) has posted Teetering on the Edge of Legal Nihilism: Russia and the Evolving European Human Rights Regime. Here's the abstract:
In 2013, Russia’s human rights record remains one of the poorest among the members of the Council of Europe. A painstakingly sluggish compliance with international human rights obligations and several recent incidents of the crackdown on civil society since Putin’s return to the presidency, as demonstrated by a series of restrictive laws, harassment, and intimidation of political prisoners, interference in the work of non-governmental organizations and a notorious prosecution of the feminist punk band Pussy Riot, cast further doubt on the Kremlin’s genuine commitment to perform its obligations under the Convention. This essay in Part I maps out the place of the ECHR in Russian law and practice, highlighting the most important hurdles to smoother relations between Russia and the ECtHR as well as to fuller enjoyment of Convention rights by individuals in the country. Part II considers the current round of proposed reforms of the European human rights regime as embodied in the 2012 Brighton Declaration, with particular attention to the relevance of such reforms for Russia in view of the elements highlighted in Part I.

de Wet: Jus Cogens and Obligations Erga Omnes

Erika de Wet (Univ. of Pretoria - Law) has posted Jus Cogens and Obligations Erga Omnes (in The Oxford Handbook on Human Rights, Dinah Shelton ed., forthcoming). Here's the abstract:
The chapter analyzes the nature and meaning of peremptory norms in international law, as well as their relationship with obligations towards the international community as a whole.

James Crawford Prize of the Journal of International Dispute Settlement

Submissions are being accepted for the 2014 James Crawford Prize of the Journal of International Dispute Settlement. Here's the announcement:

2014 Prize Details

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 Editor-in-Chief (Thomas Schultz), two of the General Editors (Tom Grant and Andrew Mitchell), and 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.

Deadline for submissions is the 1st of November, 2013.

Submissions for the 2014 Prize should be sent to thomas.schultz@graduateinstitute.ch

The Editor-in-Chief 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.

Werle & Burghardt: Establishing Degrees of Responsibility: Modes of Participation in Article 25 of the ICC Statute

Gerhard Werle (Humboldt Univ. of Berlin - Law) & Boris Burghardt (Humboldt Univ. of Berlin - Law) have posted Establishing Degrees of Responsibility: Modes of Participation in Article 25 of the ICC Statute (in Pluralism in International Criminal Law, E. van Sliedregt & S. Vasiliev eds., forthcoming). Here's the abstract:
As the International Criminal Court is handing down its first trial chamber judgments, the debate on modes of participation continues. It appears that there is growing skepticism shown towards the control-of-the-crime-theory that has guided the Court’s approach on Article 25 of the ICC Statute so far. This article argues that before an assessment of the merits and demerits of the control-of-the-crime-theory can be made, one needs to determine the role of modes of participation in general. In this regard, it will be shown that Article 25 establishes a four level hierarchy of individual criminal responsibility where modes of participation are relevant for sentencing purposes. Only on the basis of such a systematic understanding can one reach a consistent definition of the different modes of participation and Article 25 as a whole. Ultimately, instead of starting anew, the ICC should continue following the path it has chosen, albeit with refinements.

Thursday, August 1, 2013

Initiatives of the Students for the Promotion of International Law, Mumbai

Several initiatives of the Students for the Promotion of International Law, Mumbai (SPIL) have recently been announced. They are as follows:

Government Law College enjoys the distinction of being the oldest law school in Asia and has, since its inception in 1855, essayed a seminal role in the evolution of the legal and judicial landscape of India. Generations of legal luminaries, nurtured at Government Law College, have made remarkable contributions to the evolution of Indian jurisprudence.

Taking cognizance of the immense relevance of growing transnational interactions, Students for the Promotion of International Law, Mumbai (SPIL), a committee in Government Law College, has undertaken the task of promoting International Law and facilitating an empirical study, which rises beyond the realm of mere textual knowledge. A student body affiliated with the International Law Student Association, Chicago and Indian Society of International Law, New Delhi, SPIL organizes seminars, workshops and competitions with a view to acquaint students with the nuances of International Law.

SPIL, Mumbai will organize its Annual event the 5th Government Law College International Law Summit 2014. As always, the Summit will be amalgamation of lectures, panel discussion, two novel competitions- Judgment Deliberation Competition and Treaty Appreciation Competition and the Call for papers Competition. The Theme for this edition of Summit is International Investment Law.

1.) Invitation to law college across the world.

2.) Call for Papers Competition.

3.) International Law Annual.

1.) SPIL, Mumbai and Government Law College invite law colleges across the world to participate in the competitions of the 5th Government Law College International Law Summit 2014. For further information, kindly follow the link.

2.) SPIL, Mumbai, in an attempt to facilitate legal studies, calls for papers from the student and legal fraternity, professors, practitioners and scholars. We call for papers across the spectrum comprising the theme, namely International Investment Law.

Guidelines

Papers shall be of a minimum length of 2000 words, the afore-mentioned not inclusive of footnotes.

Format for the Paper

1. All papers must be typed and reproduced on a standard A4 paper (21 x 29 ¾ centimetres). The font and size of the text must be the same and must be in Times New Roman 12-point.

2. The text of the Paper must have one and a half spacing. However, text of footnotes and headings may be single-spaced.

3. Quotations of 50 words or more shall be block quoted (i.e. right and left indented) and may be single-spaced.

4. All pages shall have margins of at least one inch, or two point six (2.6) centimetres, on all sides, excluding page numbers.

5. All Citations must be in accordance with the Blue Book system of Citation (19th Edition).

Note:

• The Submitted paper shall also be taken into consideration for publication in the SPIL International Law Review 2014.

• Participants may register individually or in a team of two (2), three (3) or four (4). In case of the paper being co-authored, the names of the two authors and the order of appearance must be provided.

• This competition is not restricted in its participation to law schools alone. Students pursuing other related courses of study may also participate.

For further information, kindly follow the link.

3.) In an attempt to facilitate legal studies we are looking to publish a legal magazine called the 'International Law Annual'. Accordingly, SPIL, Mumbai calls for articles from the student and legal fraternity, professors, practitioners and scholars across the wide spectrum of Public International Law.

SPIL, Government Law College, Mumbai Call for submissions for the International Law Annual, 2013

The International Law Annual is a yearly publication of the Students for the Promotion of International Law, Mumbai, the ILSA chapter of the Government Law College, Mumbai.

The International Law Annual comprises literature on the myriad aspects of International Law through an engaging confluence of short articles, analytic works on landmark cases, interviews with legal luminaries on contemporary issues, discussions and analysis on international legislation, and book reviews.

SPIL welcomes original academic work on contemporary developments in Public International Law in keeping with the following guidelines for publication in the International Law Annual, 2013.

Guidelines for submission are:

Font size -10

Font-Times New Roman

Both footnotes and endnotes are permitted.

All Citations must be in accordance with the Blue Book system of Citation (19th Edition).

A maximum of two authors are permitted to collaborate on a particular submission

Last date for submissions is 15th November, 2013.

Submissions are to be mailed at spilmumbai@gmail.com with the subject as “Submissions for the International Law Annual 2014.

For further details contact

Amal Sethi-+91-9820087093

Email-spilmumbai@gmail.com

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 26, no. 3, September 2013) is out. Contents include:
  • Editorial
    • Tanja E. Aalberts, The Politics of International Law and the Perils and Promises of Interdisciplinarity
  • International Legal Theory
    • Zoran Oklopcic, Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary
  • International Law and Practice: Symposium on Domestic Courts as Agents of Development of International Law
    • Antonios Tzanakopoulos & Christian J. Tams, Introduction: Domestic Courts as Agents of Development of International Law
    • Roger O’Keefe, Domestic Courts as Agents of Development of the International Law of Jurisdiction
    • Rosanne van Alebeek, Domestic Courts as Agents of Development of International Immunity Rules
    • Devika Hovell, A Dialogue Model: The Role of the Domestic Judge in Security Council Decision-Making
    • Yaël Ronen, Silent Enim Leges Inter Arma – but Beware the Background Noise: Domestic Courts as Agents of Development of the Law on the Conduct of Hostilities
    • Simon Olleson, Internationally Wrongful Acts in the Domestic Courts: The Contribution of Domestic Courts to the Development of Customary International Law Relating to the Engagement of International Responsibility
    • Stephan Wittich, Domestic Courts and the Content and Implementation of State Responsibility
  • Hague International Tribunals: International Criminal Courts and Tribunals
    • William Schabas, The Contribution of the Eichmann Trial to International Law
    • Tor Krever, International Criminal Law: An Ideology Critique
    • Jens David Ohlin, Elies van Sliedregt & Thomas Weigend, Assessing the Control-Theory

Call for Papers: Third Annual Junior Faculty Forum for International Law

A call for papers has been issued for the Third Annual Junior Faculty Forum for International Law, which will be convened by Dino Kritsiotis (Univ. of Nottingham - Law), Anne Orford (Univ. of Melbourne - Law), and J.H.H. Weiler (New York Univ. - Law; European Univ. Institute) at the University of Melbourne on July 7-9, 2014. Here's the announcement:

THIRD ANNUAL JUNIOR FACULTY FORUM FOR INTERNATIONAL LAW

Earlier today Anne Orford of the University of Melbourne Law School, JHH Weiler of the NYU School of Law, and Dino Kritsiotis of the University of Nottingham School of Law launched the Third Annual Junior Faculty Forum for International Law. The Forum is designed to assist junior faculty, i.e. those within the first six years of their academic careers, with their research by staging an annual competition in which six to nine individuals will be selected and asked to make presentations to the Forum in a given year: these presentations will then be paired with senior international legal scholars, who will comment on each of the presentations given to the Forum, so that the papers are eventually worked up and prepared for publication in the European Journal of International Law.

The third Forum will be convened at the University of Melbourne on July 7, 8 and 9, 2014. The deadline for submission of applications is December 1, 2013. Further particulars of the process are now available here.