From home mortgages to i-phones, basic elements of our daily lives depend on international economic markets. The astonishing complexity of these exchanges may seem ungoverned.
Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, economic governance increasingly relies on a different class of international market regulation - soft law - comprised of voluntary standards, best practices, and recommended guidance created by a motley assortment of international organizations.
Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law's potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms - legitimacy claims and arena expansion - the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance.
Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms towards international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, this volume answers enduring and pressing questions about global finance, International Relations, and power.
Wednesday, September 26, 2018
Newman & Posner: Voluntary Disruptions: International Soft Law, Finance, and Power
Tuesday, September 25, 2018
New Issue: Diritti umani e diritto internazionale
- Studi
- Mario Gervasi, The European Court of Human Rights and Technological Development: The Issue of the Continuity of the Family Status Established Abroad Through Recourse to Surrogate Motherhood
- Gustavo Minervini, Il contributo dell’ICTY alla definizione del crimine di genocidio: in margine al caso Mladić
- Mario Odoni, Degrado ambientale prodotto da esercitazioni militari tra interessi individuali e sicurezza nazionale alla luce del principio di non discriminazione
- Universality of Human Rights and Cultural Pluralism
- Francesco Francioni, Introduction. Human Rights and Cultural Pluralism: What Role for International Law?
- Anita Budziszewska, The Right to Culture in International Law
- Siegfried Wiessner, Human Rights and Cultural Identity: The Case of Indigenous Peoples
- Alexandra Xanthaki, Women’s Rights v. Cultural Rights: The Indigenous Woman
- Interventi
- Sara De Vido, The Prohibition of Violence Against Women as Customary International Law? Remarks on the CEDAW General Recommendation No. 35
- Annamaria Viterbo, Immunità dalla giurisdizione della Banca mondiale e diritto di accesso al giudice
- Osservatorio
- Alberto Miglio, Indipendenza del giudice, crisi dello stato di diritto e tutela giurisdizionale effettiva negli Stati membri dell’Unione europea
- Alessandro Rosanò, Il caso Celmer dinanzi all’Alta Corte d’Irlanda: il ‘test’ Aranyosi e Căldăraru e il diritto a un processo equo
- Francesca De Vittor, Soccorso in mare e favoreggiamento dell’immigrazione irregolare: sequestro e dissequestro della nave Open Arms
Parrish: Judicial Jurisdiction: The Transnational Difference
This Article engages with some of the key debates that have emerged among international law and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court’s docket. It makes three principal contributions. First, it explains how the recent decisions involving judicial jurisdiction should be understood within, and partly limited to, their international contexts. Disputes involving nonresident foreign defendants raise different considerations than those involving defendants in the United States, and this Article canvasses those differences. If a concern previously was that courts gave too short shrift to the international aspects of a case, the concern now is that lower courts may make the reverse mistake by overstating the applicability of recent decisions to the domestic, interstate context. Second, it details how international law imposes modest constraints on national court adjudicatory authority, and pushes back on recent attempts to re-imagine public international law. It shows how the Fourth Restatement of the Foreign Relations Law of the United States — which states that judicial jurisdiction in civil cases is unregulated under international law — advances a position inconsistent with the overwhelming weight of authority. The Restatement’s attempt to fashion new customary law and reshape the existing legal regime in the judicial jurisdiction arena is problematic, and this Article serves as a counterpoint to that effort. Third, it describes an interplay between unilateral domestic extraterritorial regulation and international lawmaking, and aligns judicial jurisdiction with the closely-related area of legislative jurisdiction. Constraints on broad jurisdictional assertions in transnational disputes may be one of the predicates necessary to spur U.S. multilateral engagement.
Carson: Secret Wars: Covert Conflict in International Politics
Secret Wars is the first book to systematically analyze the ways powerful states covertly participate in foreign wars, showing a recurring pattern of such behavior stretching from World War I to U.S.-occupied Iraq. Investigating what governments keep secret during wars and why, Austin Carson argues that leaders maintain the secrecy of state involvement as a response to the persistent concern of limiting war. Keeping interventions “backstage” helps control escalation dynamics, insulating leaders from domestic pressures while communicating their interest in keeping a war contained.
Carson shows that covert interventions can help control escalation, but they are almost always detected by other major powers. However, the shared value of limiting war can lead adversaries to keep secret the interventions they detect, as when American leaders concealed clashes with Soviet pilots during the Korean War. Escalation concerns can also cause leaders to ignore covert interventions that have become an open secret. From Nazi Germany’s role in the Spanish Civil War to American covert operations during the Vietnam War, Carson presents new insights about some of the most influential conflicts of the twentieth century.
Parting the curtain on the secret side of modern war, Secret Wars provides important lessons about how rival state powers collude and compete, and the ways in which they avoid outright military confrontations.
Burci & Quirinan: Implementation of the International Health Regulations (2005): Recent Developments at the World Health Organization
New Issue: International Peacekeeping
- Engaging Ethnographic Peace Research, Edited by Gearoid Millar
- Gearoid Millar, Engaging Ethnographic Peace Research: Exploring an Approach
- Timothy Williams, Visiting the Tiger Zone – Methodological, Conceptual and Ethical Challenges of Ethnographic Research on Perpetrators
- Anne Hennings, With Soymilk to the Khmer Rouge: Challenges of Researching Ex-combatants in Post-war Contexts
- Gearoid Millar, Ethnographic Peace Research: The Underappreciated Benefits of Long-term Fieldwork
- Nerve Valerio Macaspac, Suspicion and Ethnographic Peace Research (Notes from a Local Researcher)
- Philipp Lottholz, Critiquing Anthropological Imagination in Peace and Conflict Studies: From Empiricist Positivism to a Dialogical Approach in Ethnographic Peace Research
New Issue: ASA Bulletin
The latest issue of the ASA Bulletin (Vol. 36, no. 3, 2018) is out. Contents include:- Luka Groselj, Stay of arbitration proceedings – Some examples from arbitral practice
- Michael W. Bühler & Anne-Sophie Gidoin, L’« étape préalable » dans le nouveau droit de l’arbitrage et de la médiation OHADA
- Harshad Pathak, India’s Tryst with Non-Signatories to an Arbitration Agreement in Composite Economic Transactions
- Hui Wang, Multidimensional Thinking about the ‘Soft Laws’ Phenomena in International Commercial Arbitration: A Chinese Perspective
AJIL Unbound Symposium: Recent AJIL Articles on International Investment Law Reform
Call for Papers: Current Trends in Foreign Relations Law
van den Herik: Diasporas and International Law
Monday, September 24, 2018
New Issue: Netherlands International Law Review
- Monique Hazelhorst, Mutual Trust Under Pressure: Civil Justice Cooperation in the EU and the Rule of Law
- Tine Van Hof & Thalia Kruger, Separation from the Abducting Parent and the Best Interests of the Child: A Comparative Analysis of Case Law in Belgium, France and Switzerland
- Paul David Mora, Universal Civil Jurisdiction and Forum Necessitatis: The Confusion of Public and Private International Law in Naït-Liman v. Switzerland
- Ottavio Quirico, Climate Change and State Responsibility for Human Rights Violations: Causation and Imputation
- Nigel D. White, Mary E. Footer, Kerry Senior, Mark van Dorp, Vincent Kiezebrink, Y. Wasi Gede Puraka, & Ayudya Fajri Anzas, Blurring Public and Private Security in Indonesia: Corporate Interests and Human Rights in a Fragile Environment
Call for Papers: Cynical International Law? Abuse and Circumvention in Public and Private International Law as well as European Law
Lauterpacht Centre Friday Lunchtime Lecture Series for Michaelmas Term 2018
- October 5, 2018: Shaheed Fatima (Blackstone Chambers), Protecting Children in Armed Conflict
- October 12, 2018: Catherine Brölmann (Univ. of Amsterdam), Speaking law to power: the UN and the vertical and the horizontal dimension of the international rule of law
- October 19, 2018: Marc Weller (Univ. of Cambridge), Self-determination after Kosovo and Catalonia
- October 26, 2018: Lloyd Jones (Justice, Supreme Court of the United Kingdom), Foreign Affairs and Domestic Courts
- November 2, 2018: Sarah Williams (Univ. of New South Wales), The Amicus Curiae mechanism at the International Criminal Court
- November 9, 2018: Annabel Brett (Univ. of Cambridge), Law, politics and moral reasoning in Hugo Grotius's The law of war and peace (1625)
- November 16, 2018: Frank Berman (Essex Court Chambers), Authority in International Law
- November 23, 2018: Ayça Çubukçu (London School of Economics and Political Science), Thinking Against Humanity
- Novmeber 30, 2018: International Law in an Era of Nationalism: A Round Table Discussion, with John Dugard (Doughty Street Chambers), Christopher Greenwood (formerly, Judge, International Court of Justice), Catherine Barnard (Univ. of Cambridge), and Lorand Bartels (Univ. of Cambridge)
New Issue: International Studies Quarterly
- Patricia Owens, Women and the History of International Thought
- Luca Mavelli, Citizenship for Sale and the Neoliberal Political Economy of Belonging
- Quan Li, Erica Owen & Austin Mitchell, Why Do Democracies Attract More or Less Foreign Direct Investment? A Metaregression Analysis
- Raj M Desai & Homi Kharas, What Motivates Private Foreign Aid? Evidence from Internet-Based Microlending
- Stephen C Nelson & David A Steinberg, Default Positions: What Shapes Public Attitudes about International Debt Disputes?
- Boris Sokolov, Ronald F Inglehart, Eduard Ponarin, Irina Vartanova, & William Zimmerman, Disillusionment and Anti-Americanism in Russia: From Pro-American to Anti-American Attitudes, 1993–2009
- Scott D Sagan & Benjamin A Valentino, Not Just a War Theory: American Public Opinion on Ethics in Combat
- Kevin L Young & Charli Carpenter, Does Science Fiction Affect Political Fact? Yes and No: A Survey Experiment on “Killer Robots”
- Marina G Duque, Recognizing International Status: A Relational Approach
- Steven E Lobell, A Granular Theory of Balancing
- Muhammet A Bas & Andrew J Coe, Give Peace a (Second) Chance: A Theory of Nonproliferation Deals
- Sabrina Karim, Michael J Gilligan, Robert Blair, & Kyle Beardsley, International Gender Balancing Reforms in Postconflict Countries: Lab-in-the-Field Evidence from the Liberian National Police
- Rebekka Friedman, Remnants of a Checkered Past: Female LTTE and Social Reintegration in Post-War Sri Lanka
- Sam R Bell, Michael E Flynn, & Carla Martinez Machain, U.N. Peacekeeping Forces and the Demand for Sex Trafficking
- Aila M Matanock, External Engagement: Explaining the Spread of Electoral Participation Provisions in Civil Conflict Settlements
- Melissa Carlson, Laura Jakli, & Katerina Linos, Rumors and Refugees: How Government-Created Information Vacuums Undermine Effective Crisis Management
- James A Piazza & Seung-Whan Choi, International Military Interventions and Transnational Terrorist Backlash
- Bryce W Reeder, The Political Geography of Rebellion: Using Event Data to Identify Insurgent Territory, Preferences, and Relocation Patterns
Call for Book Proposals: Routledge Cultural Heritage in International Law Book Series
Routledge Cultural Heritage in International Law Book Series
Call for Book Proposals International cultural law is a rapidly developing and extremely diverse field of study. Many lawyers are developing an interest in the field and many non-lawyers are starting to show interest in the law that affects their own areas of specialization. The interest in the subject area has been rising over the past two decades globally, as these issues affect every jurisdiction.
This book series welcomes proposals for monographs and edited collections that focus on cultural heritage and international law. It particularly welcomes proposals including interdisciplinary topics or adopting interdisciplinary approaches. It aims at publishing original, sound, and cutting edge works on emerging topics of worldwide relevance by both junior and senior scholars.
The primary users of the book series will be international law scholars, students and practitioners, as well academics and policy makers across public and private institutions. Scholars and students studying other disciplines such as art history, archaeology, war studies, museum studies and heritage studies would also be interested in the series.
The selection of books for the book series occurs through double blind peer review on the basis of their academic quality.
For preliminary expression of interest, or for submitting book proposals, please feel free to contact Professor Valentina Vadi (v.vadi@lancaster.ac.uk). For information on book proposals, see here.
Sunday, September 23, 2018
Futhazar: Biodiversity, Species Protection, and Animal Welfare Under International Law
The purpose of this analysis is to explore the influence of the concept of animal welfare on international biodiversity law. A close examination of the recent evolution of this branch of international law shows that animal welfare has an ambivalent place in biodiversity-related agreements. Indeed, while welfare is only a faint consideration in the development of international regimes dealing with biodiversity as a whole, the concept has become an essential element for agreements dealing with the conservation of specific endangered species. Despite its role in these agreements, the place of animal welfare in international biodiversity law highlights that this corpus of rules is currently insufficient to be an effective tool for the protection of wildlife welfare. The last section of this study suggests that the adoption of international rules aiming at ensuring the protection of wild animals’ welfare could serve the double purpose of strengthening the conservation purpose of biodiversity regimes while also filling the welfare gap of international biodiversity law.
van Hoogstraten: New Challenges to International Law: A View from The Hague
- Steven van Hoogstraten, Introduction
- Abdulqawi Ahmed Yusuf, Compulsory Jurisdiction of the Court under the Optional Clause
- Yves Daudet, The Hague Academy of International Law and the Development of the Settlement of Disputes as a Global Mechanism
- Niels Blokker, The Constitutional Role of the ICJ within the UN System
- Jeroen Vervliet, Mediation as an Alternative for International Dispute Settlement
- François Roux, Vers une nouvelle philosophie pour la justice pénale internationale
- Alphons M. M. Orie, What Is There to Find for a Criminal Lawyer in the Peace Palace ?
- Serge Vlaar, The PCA, the Hague Courts and the Yukos case
- Willem van Genugten, The Universalization of Human Rights
- Nico Schrijver, Global Protection of Human Rights. Who Can See the Wood for the Trees ?
- Carsten Stahn, ICTY and the New Law on Genocide
- Steven van Hoogstraten, The Peace Palace and New Challenges to Peace Diplomacy
- Philippe Couvreur, Le Palais de la Paix, la CIJ et la Fondation Carnegie
- Steven van Hoogstraten, The Right to Food, a Standard for Civilization ?
- Steven van Hoogstraten, Closing Statement
Call for Submissions: International Trade Law & Regulation
The recently relaunched International Trade Law & Regulation is currently accepting articles (usually 3,500-8,000 words in length) and Comment pieces of 2,000-3,000 words.
The journal aims to publish cutting edge research on any topic of international economic law, international financial law, international trade law and international investment law. Any submission is subject to double bind peer review.
For any further query or for submitting a contribution, please contact Eleanor.Loutzenhiser@hotmail.co.uk
Heffes: Some Reflections on the Theory of Sources of International Law: Reexamining Customary International Law
This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reflected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various fields, such as: What is customary international law and why is it law? Is it law because it reflects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element definition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.
Saturday, September 22, 2018
Ohlin: In Praise of Jus Cogens' Conceptual Incoherence
The most compelling account of jus cogens is that it flows from natural law and constitutes the “ethically minimum” content of international law. Although natural law was once considered an acceptable and obvious approach to jurisprudence, its significance has waned at the expense of legal positivism. However, the hierarchical quality of jus cogens is best explained by some element of natural law—and its explicit invocation of moral content—rather than anything one might find in legal positivism.
Of course, international lawyers have persistently refused to recognize the latent naturalism within jus cogens. While rueful from the point of view of legal theory, the obfuscation was nonetheless essential for jus cogens to succeed. In an alternate world where jus cogens was correctly viewed as a vestige of natural law, modern international lawyers would never have accepted it.
One might lament the failure to recognize the natural law origins of jus cogens because it hampered the development of standards for identifying which legal norms counted as jus cogens. However, no account of jus cogens offers compelling, unambiguous criteria, and second, the lack of clarity on its criteria was a good price to pay in exchange for the legal category’s widespread adoption. In the end, the notion that jus cogens is consistent with international law’s legal positivism was a useful fiction, a “noble lie” that gave us modern human rights law.
Lovat: International Criminal Tribunal Backlash
The post-Cold War establishment of a series of international criminal tribunals stands as a signal achievement in the recent history of international law. Over time, however, the enthusiasm and optimism that accompanied the establishment of these courts has waned, with tribunals facing fading confidence and, in some cases, backlash from important constituencies. The present chapter provides an overview of historical and more recent examples of opposition to international criminal tribunals, before critically considering recent literature on tribunal backlash and proposing a working definition of this phenomenon. Drawing on the recent pluralist turn in International Relations theory, it then identifies a set of potential drivers/inhibitors of backlash against international criminal tribunals, providing a theoretical taxonomy enabling structured comparison of the dynamics of backlash in the contexts of permanent (the International Criminal Court), ad hoc (the International Criminal Tribunal for the Former Yugoslavia), and hybrid (the Special Tribunal for Lebanon) tribunals. Concluding observations compare the three sets of experiences and identify paths for future research.
Friday, September 21, 2018
New Issue: Journal of International Economic Law
The latest issue of the Journal of International Economic Law (Vol. 21, no. 3, September 2018) is out. Contents include:- Joost Pauwelyn & Weiwei Zhang, Busier than Ever? A Data-Driven Assessment and Forecast of WTO Caseload
- Menno Broos & Sebastian Grund, The IMF’s Jurisdiction Over The Capital Account—Reviewing the Role of Surveillance in Managing Cross- Border Capital Flows
- Michael Trebilcock & Sally Wong, Trade, Technology, and Transitions: Trampolines or Safety Nets for Displaced Workers?
- Vincent Beyer, Income Tax and Nondiscrimination in the GATT J
- Kyounghwa Kim & Dukgeun Ahn, To Be or Not to Be with Targeted Dumping
- Pierre Sauvé & Marta Soprana, Disciplining Service Sector Subsidies: Where Do We Stand and Where Can We (Realistically) Go?
- Ilaria Espa & Gracia Marín Durán, Renewable Energy Subsidies and WTO Law: Time to Rethink the Case for Reform Beyond Canada – Renewable Energy/Fit Program
- Timothy Meyer & Tae Jung Park, Renegotiating International Investment Law
- Maria Laura Marceddu, Implementing Transparency and Public Participation in FTA Negotiations: Are the Times a-Changin’?
- Rodrigo Polanco Lazo, Valentino Desilvestro, & Azernoosh Bazrafkan, Missing Investment Treaties
Venzke: The Practice of Interpretation in International Law: Strategies of Critique
The practice of interpretation brings the law to life. It takes part in shaping and making the law. What then is this practice of interpretation? The present chapter distinguishes four different approaches to that question in light of their strategy of critique—whether that critique is formalist, instrumentalist, realist, or immanent. The Chapter first discusses the well-received internal critique in the guise of formalism, followed by external critique in the guise of instrumentalism. These two strategies are united in their focus on what interpreters should do—which interpretation to adopt and how to justify it. A cursory overview of concrete interpretative practice then shows that actors tend to adopt one or the other approach not depending on strong theoretical commitments, but rather strategically with a view of defending certain claims before specific audiences. One may thus well ask what is really going on. Realism, in turn, highlights interpretations as expressions of power and bias. While appealing, realism faces difficulties of its own when it tries to account for the role of reasons and when it commits to strong empiricism. The Chapter finally places emphasis on the strategy of immanent critique. It presents and discusses immanent critique by asking how that strategy of critique thinks about the possibility, direction, and mode of change. In conclusion, the Chapter connects the discussion of different strategies of critique to arguments in the troubled, crisis-prone present.
New Volume: The Global Community: Yearbook of International Law and Jurisprudence
- Editorial
- Giuliana Ziccardi Capaldo, Getting to a Global Constitution Expanding Human Rights Law: The Application of the No- Impunity Principle to Tax Fraud Offences
- In Memoriam
- Anja Matwijkiw & Bronik Matwijkiw, M. Cherif Bassiouni (1937– 2017)
- Articles
- Yale H. Ferguson & Richard W. Mansbach, The Decline of the Liberal Global Order and the Revival of Nationalism
- Ramesh Thakur, A Bifurcated Global Nuclear Order: Thou May vs. Thou Shall Not Possess or Use Nuclear Weapons
- Notes and Comments
- Luis A. López Zamora, Normatividad Internacional en Colisión con la Norma Fundamental del Derecho Internacional/ International Normativity in Collision with International Law’s Constitution
- Anja Matwijkiw & Bronik Matwijkiw, Bahrain Anno 2017: Peace or Regime- Change? The Ongoing Human Rights Dilemma and the Ethics Pillar as a Measurement
- In Focus: Global Policies and Law
- Jelena Bäumler, Rise and Shine: The No Harm Principle’s Increasing Relevance for the Global Community
- Nicholas R. Micinski & Thomas G. Weiss, Global Migration Governance: Beyond Coordination and Crises
- Forum - Jurisprudential Cross-Fertilization: An Annual Overview
- Antônio Augusto Cançado Trindade, Contemporary International Tribunals: Jurisprudential Cross- Fertilization in the Case- Law of International Tribunals in Their Common Mission of Realization of Justice
- Juan-Pablo Perez-Leon-Acevedo, International Human Rights Law in the Reparation Practice of the Extraordinary Chambers in the Courts of Cambodia
- Sonja C. Grover, Human Dignity as the Foundation for the Democratic Rule of Law: J.C. Hernandez v. J. Mesa Jr. 582 U.S. _ (2017) as an Illustrative Case
- Yoshifumi Tanaka, Dual Provisional Measures Prescribed by ITLOS and Annex VII Arbitral Tribunal: Reflections on the “Enrica Lexie” Incident Case
New Issue: Humanity
The latest issue of Humanity (Vol. 9, no. 2, Summer 2018) is out. Contents include:- Joseph Massad, Against Self-Determination
- Emma Stone Mackinnon, Promise-Making and the History of Human Rights: Reading Arendt with Danto
- Eva-Maria Muschik, The Art of Chameleon Politics: From Colonial Servant to International Development Expert
- Darcie Fontaine, The Politics of Neutrality: Cimade, Humanitarianism, and State Power in Modern France
- Carlo Invernizzi-Accetti, Catholic Social Doctrine and Human Rights: From Rejection to Endorsement?
- Betsy Konefal, Memory Offensives Where Impunity Reigns









