- C. Houki, La fiscalité et la nature de l’État en Islam
- J-B. Kossi Galley, Le différend maritime entre la Bolivie et le Chili devant la Cour internationale de justice
- D. Pavot & C. Chevalier, Réflexions sur l’interprétation des actes unilatéraux des États à la lueur de la décision de la Cour africaine des droits de l’homme et des peuples du 3 juin 2016 dans l’affaire Victoire Ingabire ...
- F. Quilleré-Majzoub, La protection internationale de l’environnement par le droit : en marche vers un pacte mondial ?
- G. Grégoire, Crise des dettes souveraines et risque de conflit juridictionnel : retour sur l’affaire Outright Monetary Transactions
Wednesday, March 21, 2018
New Issue: Revue de Droit International et de Droit Comparé
New Issue: International Journal of Marine and Coastal Law
The latest issue of the International Journal of Marine and Coastal Law (Vol. 33, no. 1, 2018) is out. Contents include:
- Arianna Broggiato, Thomas Vanagt, Laura E. Lallier, Marcel Jaspars, Geoff Burton & Dominic Muyldermans, Mare Geneticum: Balancing Governance of Marine Genetic Resources in International Waters
- Froukje Maria Platjouw, Marine Spatial Planning in the North Sea—Are National Policies and Legal Structures Compatible Enough? The Case of Norway and the Netherlands
- Xuexia Liao, Is There a Hierarchical Relationship between Natural Prolongation and Distance in the Continental Shelf Delimitation?
- Josh B. Martin, Protecting Outstanding Underwater Cultural Heritage through the World Heritage Convention: The Titanic and Lusitania as World Heritage Sites
- Zoe Scanlon, Upsetting the Balance? The Legality of Vessel Confiscation under the LOSC after the M/V Virginia G Case
- Richard Caddell, Precautionary Management and the Development of Future Fishing Opportunities: The International Regulation of New and Exploratory Fisheries
New Issue: Nordic Journal of International Law
The latest issue of the Nordic Journal of International Law (Vol. 87, no. 1, 2018) is out. Contents include:- Marja Lehto, The Fight against ISIL in Syria. Comments on the Recent Discussion of the Right of Self-defence against Non-state Actors
- Dorothée Cambou, Enhancing the Participation of Indigenous Peoples at the Intergovernmental Level to Strengthen Self-Determination: Lessons from the Arctic
- Giulio Calcara, Preventing the Misuse of INTERPOL: A Study on the Legal Safeguards of the Organization
Alacevich: Planning Peace: The European Roots of the Post-War Global Development Challenge
This article explores the European roots of the post-war development discourse. Specifically, it shows how British hegemonic plans for post-war reconstruction of Eastern and Central Europe became central elements of post-war development economics. The Soviet takeover of Eastern Europe made those plans obsolete, but their theoretical insights remained valuable. Indeed, they were applied to plans for the development of the Italian South, in a Cold War, anti-Communist framework, with the support of the US government and the World Bank. During the 1950s-60s the Italian case was internationally recognized as a development laboratory, and social scientists and development scholars studied it at length. This article discusses the emergence of visions of development in Europe, which occurred not in some intellectual vacuum, but rather through the pressures of political imperatives and the Cold War, the emergence of post-war international institutions, and the practice of technical missions.
Tuesday, March 20, 2018
New Issue: American Journal of International Law
- Articles
- B.S. Chimni, Customary International Law: A Third World Perspective
- Editorial Comment
- Harlan Grant Cohen, Multilateralism's Life Cycle
- Notes and Comments
- Anne van Aaken, Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources
- International Decisions
- Asier Garrido-Muñoz, Prime Minister v. Parliament of Catalonia
- Nuwan Peiris, Ghana v. Ivory Coast
- Manuel J. Ventura, Prosecutor v. Al-Bashir
- Contemporary Practice of the United States Relating to International Law
- Jean Galbraith, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Ian Johnstone, reviewing The Impact of International Organizations on International Law, by José E. Alvarez
- Stephen M. Schwebel, reviewing Rosenne's Law and Practice of the International Court 1920–2015 (5th ed.), Vols. I–IV, by Malcolm N. Shaw; and The International Court of Justice, by Hugh Thirlway
- Jochen A. Frowein, reviewing The Betrayal: The Nuremberg Trials and German Divergence, by Kim Christian Priemel
- Meredith Kolsky Lewis, reviewing A History of Law and Lawyers in the GATT/WTO, edited by Gabrielle Marceau
- Beth Van Schaack, reviewing Historical Origins of International Criminal Law: Volumes 1–5.- Historical Origins of International Criminal Law: Volume 1, edited by Morten Bergsmo, Cheah Wui Ling and Yi Ping; Historical Origins of International Criminal Law: Volume 2, edited by Morten Bergsmo, Cheah Wui Ling and Yi Ping; Historical Origins of International Criminal Law: Volume 3, edited by Morten Bergsmo, Cheah Wui Ling, Song Tianying and Yi Ping; Historical Origins of International Criminal Law: Volume 4, edited by Morten Bergsmo, Cheah Wui Ling, Song Tianying and Yi Ping; and Historical Origins of International Criminal Law: Volume 5, edited by Morten Bergsmo, Klaus Rackwitz and Song Tianying
Call for Papers: Gender, Health & Sustainable Development- The Role for International Human Rights Law
Call for Papers: Complicity and Exclusion from Asylum
Boisson de Chazournes & Couturier: The Court of Arbitration for Sport for the XXIII Olympic Games
New Issue: Journal of International Economic Law
The latest issue of the Journal of International Economic Law (Vol. 20, no. 4, December 2017) is out. Contents include:- Steven R Ratner, International Investment Law through the Lens of Global Justice
- Facundo Pérez-Aznar, The Use of Most-Favoured-Nation Clauses to Import Substantive Treaty Provisions in International Investment Agreements
- Jelena Bäumler, Implementing the No Harm Principle in International Economic Law: A Comparison Between Measure-Based Rules and Effect-Based Rules
- Enrico Partiti, What use is an unloaded gun? The substantive discipline of the WTO TBT Code of Good Practice and its application to private standards pursuing public objectives
- Naoto Nelson Saika, Seeds, Trade, Trust: Regionalization Commitments under the SPS Agreement
- Matthew Kennedy, Export Restrictions in Plant Breeder's Rights
- Giorgio Sacerdoti, The United Kingdom’s Post-Brexit Trade Regime with the European Union and the Rest of the World: Perspectives and Constraints
- Geraldo Vidigal, Why Is There So Little Litigation under Free Trade Agreements? Retaliation and Adjudication in International Dispute Settlement
- Andrei Suse, Old Wine in a New Bottle: The EU’s Response to the Expiry of Section 15(a)(ii) of China’s WTO Protocol of Accession
Job Opening: Senior Researchers at Italian Universities
The Italian Ministry for Education, University, and Research (Ministero dell’Istruzione, dell’Università e della Ricerca, MIUR) has issued a public call for 24 researcher positions.
The call is open to scholars of all nationalities who have spent three years working at a non-Italian research center or university and have been awarded a PhD degree, or equivalent, after 31 October 2011 and by 31 October 2014.
The winner of the call will work as a Senior Researcher with an initial 3-year working contract (Ricercatore a tempo determinato, tipologia B) that leads to Associate Tenured Track Professorship subject to National Scientific Habilitation (Abilitazione Scientifica Nazionale, «ASN»).
The English translation of the Ministerial Decree is available here.
The deadline to submit the application is 28 March 2018, h. 24.00 (Italian local time).
***
In the context of this call, the University of Milan, Department of International, Legal, Historical and Political Studies wishes to express its interest to welcome outstanding researchers in the areas of International Law and Comparative Law who would like to apply.
For additional information please contact Dr. Stefano Dominelli (stefano.dominelli@unimi.it).
Call for Papers: Private International Law and Intellectual Property: Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments/Arbitral Awards
Jackson: Amnesties in Strasbourg
This article concerns the permissibility of amnesties for torture under the ECHR. It argues that when an amnesty case comes to Strasbourg, as it likely will, there is a good chance that the Court will make a serious error. That error will be to hold that the Convention requires the prosecution of torture in all circumstances – it will be to invalidate the amnesty. In part, such an approach will be informed by an assumption that each of the set of duties that flows from an absolute right is itself absolute. That assumption, combined with the way that the Court has specified the duty to prosecute violations of Article 3, would prevent the Court from taking into account powerful countervailing interests in play during peace negotiations. These countervailing interests mean that any claim that amnesties for the gravest wrongs are always impermissible is unsustainable.
Conference: Unilateral Jurisdiction and Global Values
New Issue: Global Trade and Customs Journal
The latest issue of Global Trade and Customs Journal (Vol. 13, no. 3, 2018) is out. Contents include:- Renato Antonini, A ‘MES’ to be adjusted: past and future treatment of Chinese imports in EU anti-dumping investigations
- Pallavi Kishore, India’s Experience with the WTO Agreement on Textiles and Clothing
- Cemal Atici, Use of the Dispute Settlement Mechanism of the WTO by Developing Countries in the Context of Food Safety
- Thomas Cantens, The Political Arithmetic of Borders: Towards an Enlightened Form of Criticism
Nadin: The Use of Force in UN Peacekeeping
- Jim Della-Giacoma, The case of East Timor: Ancient history or the shape of things to come?
- Mark Malan, Action adapted to circumstance: Peacekeeping doctrine and the use of force
- Carlos Chagas Vianna Braga, Between absolute war and absolute peacekeeping
- Cedric de Coning, Implications of stabilisation mandates for the use of force in UN peace operations
- Stian Kjeksrud & Alexander Beadle, Understanding the utility of the UN military component to protect civilians in different scenarios
- Walter Dorn, Protecting civilians with force: Lessons and dilemmas from the UN Stabilisation Mission in Haiti
- Charles Hunt, The ‘All necessary means’, to what ends? The unintended consequences of the use of force by UN Peacekeepers
- Peter Nadin, The logic of force in UN peacekeeping: A policy primer
- Tim Ford, Leadership in UN Missions
- David Curran, The use of force and the civil-military dimension
- Darryl Watters, Generating the ability: The challenges of force generation
- James Sloan, UN peacekeeping and international law
Symposium: Frontiers of International Law
Call for Papers: 27th Annual SLS/BIICL Workshop on Theory & International Law
New Additions to the UN Audiovisual Library of International Law
Monday, March 19, 2018
New Issue: Jus Gentium: Journal of International Legal History
- Articles
- V.G. Butkevych, The International-Legal Ideology of Pre-Slavic Chiefdoms of the Ukrainian Ethnos (Part Four)
- Mark Somos, Boston in the State of Nature, 1761-1765: The Birth of an American Constitutional Trope
- Christopher Rossi, The Gulf of Fonseca and International Law: Condominium or Anti-Colonial Imperialism?
- Amy Kellam, Suzerainty and the 1914 Simla Agreement
- V. Popovski, Raphael Lemkin: Inventing and Codifying Genocide
- Notes and Comments
- M. Mulligan, The Status of Egypt After the 1840 Convention of London
- V. S. Ivanenko, Private International Law in Russia: The Earliest Work
- L. Anufrieva, Myths and Facts of the Russian Science of Private International Law: The Legacy of M. I. Brun
- V.V. Veeder, Looking for Professor B. E. Nolde
- International Legal Doctrine
- W.E. Butler, The Abbé Ferdinando Galiani and Neutrality
- Abbé Galiani, On the Reciprocal Rights of Belligerents and Neutrals
St John: The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system.
The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence.
International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
New Issue: Humanity
The latest issue of Humanity (Vol. 9, no. 1, Spring 2018) is out. Contents include:- Articles
- Matthew Hilton, Oxfam and the Problem of NGO Aid Appraisal in the 1960s
- Joël Glasman, Measuring Malnutrition: The History of the MUAC Tape and the Commensurability of Human Needs
- Paul Morrow, A Theory of Atrocity Propaganda
- Dossier on Human Rights Rituals
- Benjamin Authers, Hilary Charlesworth, Marie-Bénédicte Dembour, & Emma Larking, Introduction
- Zachary Manfredi, Sharpening the Vigilance of the World: Reconsidering the Russell Tribunal as Ritual
- Tobias Kelly, Two Cheers for Ritual: The UN Committee Against Torture
- Shane Chalmers, The Beginning of Human Rights: The Ritual of the Preamble to Law
- Roland Burke, The Rites of Human Rights at the United Nations
- Essay Review
- Joshua Busby, Beyond Good Intentions: Responsible and Effective Advocacy in the Digital Age
Call for Papers: Knowledge Production and International Law
Call for Papers: Infrastructures as Regulation
Call For Papers: Infrastructures as Regulation (InfraReg)
Conference Dates: September 28-29, 2018
Deadline for Submissions: April 15, 2018Infrastructures—whether physical, informational, digital—can have regulatory-type effects. These include requiring, preventing, channeling, enabling, and nudging particular human and social behavior. Infrastructures also help to shape second-order regulatory-type actions and structures. When stable, these infrastructures exert substantial power in social ordering. They interact or compete with law. In these ways, infrastructures have major effects on social relations, identities, roles, capabilities, and possibilities. We label these phenomena collectively by the moniker “Infrastructures as Regulation” (InfraReg). In our project we focus on regulatory effects of transnationally-connected infrastructures on social orders— e.g. effects on social relations, status, classes and class formation, social mobility, social time, and capabilities—and the interactions between social order and political, economic, and other infrastructure-based orders. More information about the project is available at www.iilj.org/infrareg
The Institute for International Law and Justice seeks submissions for both theoretical and empirical work on themes outlined above. Theoretical lines of inquiry could include:
- conceptualizations of the combined effects of physical, informational and digital infrastructures as a form of regulation that complements or even replaces law in ordering certain social relations;
- theorizing about how legal technologies and legal practices interact with, enable, shape, or regulate the constitution and operation of infrastructures-as-regulation, and vice versa;
- theorizing and developing propositions for the relationships between regulation by infrastructure and other forms of transnationally-influenced order (such as legal order and political order), including in major ordering projects (such as the Belt and Road Initiative).
Empirical work and case studies could address:
- how infrastructures combine at different scales and in different orders, including cases that illustrate and examine ways in which the interaction between physical, informational, and digital infrastructures operate together as regulation;
- how specific instances of infrastructure projects are designed or used to require or induce social actors into particular behavior or pathways;
- the inter-relationship between infrastructures and legal technologies, including cases of infrastructures working in tandem with law, displacing law, or even undermining law as a means to regulate social life;
- the interactions of activities and systems and people (including human capabilities and rights) with the infrastructure, and the ability of the regulated to influence and contest the design of infrastructures and the legal technologies they use.
Submissions
Junior and senior scholars as well as experienced practitioners are invited to submit extended abstracts (300-500 words) or full papers, ideally in the range 15-35 pages (in PDF or Word format) to infraregiilj@gmail.com by April 15, 2018. Please also provide contact details and a CV or link to an author bio. All applicants will be informed of the selection decisions quickly thereafter. Selection will be based on relevance to the theme, originality of research, innovative perspectives and arguments, and the overall blend and coherence of the conference. Authors invited who choose to take part will be asked to send final papers (ideally in the range of 8000-10000 words) by August 31, 2018.
For those selected from this Call for Papers, the IILJ will provide conference meals, and accommodation for those based outside the New York area. The IILJ also hopes to be able to assist with economy class travel funding in a limited number of cases where needed, subject to budget constraints.
Call for Papers: Rethinking Reparations in International Law
Call for Papers: Rethinking Reparations in International Law
What role do reparations play in international law today? What is the theory behind reparations in different areas/systems of international law? Do reparations play a different role in different areas of international law (human rights, investment law)? How are reparations chosen by judges and arbitrators and how are damages calculated? What is the link between efficiency and reparations? How can reparations be made more efficient? How do judges/arbitrators understand their role in relation to reparations?
These questions will be at the centre of an ESIL-sponsored workshop held at the Lauterpacht Centre, University of Cambridge in November 2018. The workshop will seek to address the recent developments and scholarship in the area of reparations (remedies) in international law. It will bring together scholars writing on theory of reparations, those conducting empirical or comparative research, as well as practitioners, judges and arbitrators. The aim is to provide a platform for discussion of new ideas about efficiency of reparations in international law.
At this point, we would like to invite scholars and practitioners working in the area, to submit a max. 400-word abstract to Dr Veronika Fikfak at vf243@cam.ac.uk. The deadline for submission is 30 April 2018. Abstracts will be selected by early June. Papers for the workshop will have to be submitted by mid-September.
The workshop is part of a larger project on Damages for Human Rights Violations funded by the ESRC. It is organised by Dr Veronika Fikfak, Lauterpacht Centre, University of Cambridge and Professor Photini Pazartzis, Athens Public International Law Centre, National & Kapodistrian University of Athens. The aim is to publish suitable contributions as an edited collection or special edition of an international journal. Papers with an empirical or comparative approach are particularly welcome.




